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EEA jobseekers new rules and transitional protection.
I’m helping an EEA national with an appeal that she can’t get income support on right to reside grounds despite having lived here for over 12 years and being a lone parent with a child under 5. The claim is due at appeal soon, and my client has been claiming Jobseekers allowance since December 2013. I’ve just spoken to her and discovered that two weeks ago she took advice from the Jobcentre to come off JSA and onto ESA. She’s waiting for the ESA claim result, which I am concerned will be refused unless her right to reside appeal succeeds. Am I right in thinking she now can’t reclaim jobseekers allowance without going onto new rules (limited JSA, no housing benefit)? If her appeal succeeds, all well and good, but the outcome is far from certain, for a variety of reasons. I’m looking at options if her appeal fails (or the DWP appeal). She could apply for British Citizenship but the cost is prohibitive. There’s a British Residency card, but I don’t know if that would prove anything. Work or self employment is not possible for her in her current circumstances. Anybody have any better ideas?
Wouldn’t she just be better making a rapid reclaim for JSA on the grounds she was given wrong information by JC+? My client was told repeatedly to claim IS but had no rights to IS & we reclaimed JSA which was paid when she was able to show that she had still been looking for work.
What is her work history in the UK? Is she married or have faimily members here?
I have considered reclaiming JSA but my client has told JC+ she can’t work due to ill health and having 3 children to look after. She does not want to reclaim JSA, even if she did, I think we would have difficulty with the claim being treated under the post January 2014 rules.
She has 3 dependent children, all British. She hasn’t worked since the children were born. Their father is British, but they were never married. They are now permanantly seperated. I’ve submitted arguments to the tribunal already, but I’m trying to make contingency plans in case the appeal fails.