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Forum Home  →  Discussion  →  Residence issues  →  Thread

Teixeira rights, exempt people and exhausting R2R

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I thought I’d report in on this. There was discussion somewhere of DWP holding that people need to exhaust all available rights of residence before falling back on Teixeira rights. I ca’t find it on the search.

I had a rehearing of a recent case from the UT on exactly that point yesterday and the PO; who’d come down from Yorshire, was adamant that that was the correct position and it was still their policy.

Fortunately the Tribunal did not agree.

Being as it’s still floating around at Quarry House I thought I’d update interested parties.

Elliot Kent
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Yeah I’ve got a UC case on this issue awaiting a hearing. DWP arguing that jobseekers are exempt people and therefore can’t have Teixeira rights because of the drafting of the EEA Regs. at the same time they’re excluded from claiming UC. I sent submissions in at the end of December and haven’t heard a peep from the DWP since - I think somebody here said they have a pending UT case on it?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Elliot Kent - 16 February 2018 02:14 PM

Yeah I’ve got a UC case on this issue awaiting a hearing. DWP arguing that jobseekers are exempt people and therefore can’t have Teixeira rights because of the drafting of the EEA Regs. at the same time they’re excluded from claiming UC. I sent submissions in at the end of December and haven’t heard a peep from the DWP since - I think somebody here said they have a pending UT case on it?

I had one; HK v SSWP; this was the rehearing. I think HBanorak’s got another one.

Mine wasn’t much use; Judge Jacobs simply stated “I don’t understand that” having already set the decision aside on other grounds.

[ Edited: 20 Feb 2018 at 01:19 pm by Dan_Manville ]
Elliot Kent
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My (FtT) case lapsed. I’ll admit to being slightly disappointed as I was prepared for a battle on that one.

I don’t have the reasons yet but suspect that the DWP agreed with my more mundane submission that the claimant wasn’t a jobseeker so the issue didn’t arise - rather than the EU arguments I was making.