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Top Income Support & Jobseeker's Allowance topic #4539

Subject: "A2 National - entitlement to IS and HB?" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

A2 National - entitlement to IS and HB?
Fri 21-Sep-07 10:52 AM

This is not something I normally deal with (no-one from other countries chooses to come and live here!!).

My client is a Romanian woman living in a hostel with her child after separating from her husband who was a British citizen I think. He used to claim all benefits including CHB but it seems it was for no other reason than him being a control freak. However there was a joint ctc award before she separated and she has since been awarded 3 CL's whilst benefit being processed.

The hostel has been trying to chase up her benefit claims but there's been delay after delay. JCP are looking at recourse to public funds and after 6 weeks now want her passport (which has now expired by the way).

The hostel tell me she has a blue card. As I'm not au fait with economic or other migrant issues this means nothing to me but I'm told the Home Office has confirmed to the hostel this would mean she does have recourse to public funds.

Her blue card was sent to the BDC some weeks ago but she still had to take her passport in to the local office yesterday who've sent it to the BDC who will then send it to Wick for them to consider. This is obviously going to take some time as long as it doesn't get lost.

I'm trying to get the local JCP to hurry things along. How can we do this? Should they be accepting this blue card?

  

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Replies to this topic
RE: A2 National - entitlement to IS and HB?, Sayo, 21st Sep 2007, #1
RE: A2 National - entitlement to IS and HB?, suelees, 03rd Oct 2007, #2
      RE: A2 National - entitlement to IS and HB?, Damian, 05th Oct 2007, #3
           RE: A2 National - entitlement to IS and HB?, ariadne2, 05th Oct 2007, #4
                RE: A2 National - entitlement to IS and HB?, suelees, 08th Oct 2007, #5

Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: A2 National - entitlement to IS and HB?
Fri 21-Sep-07 11:55 AM

howdo sue !

and i totally deny that i am off my 'ead ... but i will try to help you on this one.

try to get back to you asap.

pete

ps : and anyway, youre bonkers !

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: A2 National - entitlement to IS and HB?
Wed 03-Oct-07 10:24 AM

Come on then Sayo....

  

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Damian
                              

WRO(Health), Salford WRS
Member since
23rd May 2005

RE: A2 National - entitlement to IS and HB?
Fri 05-Oct-07 12:58 PM

A blue card sounds like the card an EU national (and family) can get with a registration certificate which confirms that they are exercising treaty rights. It is all to do with right to reside rather than recourse to public funds. What are the rest of her circumstances: is she working, was she working, when from / to, is she self employed is the child at school and what benefit(s) is she claiming?

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: A2 National - entitlement to IS and HB?
Fri 05-Oct-07 08:49 PM

Or is it the equivalent of a work permit, which is how the A2 workers have to get jobs: specific for a job, so they can't hop from one to another like A8s? You can't be an A2 worker without one.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: A2 National - entitlement to IS and HB?
Mon 08-Oct-07 03:01 PM

I think it's what Damien's said.

I've gone from one agency to another and keep getting conflicting advice. To be honest I would never have taken on this case if I knew it was going to be immigration and benefits as I simply don't have the expertise. It just seemed to metamorphasise into this current monster and noone else in the area has the knowledge either. We're in an absolute desert wasteland for immigration advice so I couldn't refer her locally apart from to IAS who do an outreach surgery here. however they couldn't take it on due to a conflict

CTC has now been awarded so at least she's not desperate. IS/HB is a different kettle of fish. I've asked an immigration barrister to have a look at it for me.

  

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Top Income Support & Jobseeker's Allowance topic #4539First topic | Last topic