Habitual residence test for EU citizens and their rights to social assistance scheme!!!

Hi Brian

A duty of care is a common law duty which may or may not exist depending on the facts.  What the LA has under s17 is a general statutory duty to provide services, including cash.  These payments are made by social services and not through HB.  Up until 2011 provision of cash was only to be made in exceptional ciircumstances.  That condition was removed in 2011.

Cl has ankylosing spondylitis.  (AS) is a type of chronic (long-term) arthritis that affects parts of the spine, including bones, muscles and ligaments. Cl has inflammation in her left eye (uveitis) which has caused temporary blindness and is getting worse
In her cases the pain and stiffness is causing Cl’s posture becoming fixed in one position.

at Nevip apologies yes Social Services [SS] looking public law project excellent work it would seem SS would have a duty of care as you say.

Still confused about couples’ rights to JSA where one member of couple - mother- has derivative right through child in education (Texeira / EEA reg 15A) and the other member (not the father of the child) has no R2R of their own.

I understand she can receive HB, but am confused about JSA. Does it mean that mother’s claim for JSA can ony be paid at single person rate because father has no R2R?

Thank you

It depends whether the partner is a only PFA or a PSIC as well.

As far as I can tell a PFA has an applicable amount of nil if s/he personally is the claimant, but there is no modified applicable amount where one member of a couple is a PFA and the other isn’t. That seems to apply to joint claim cases as well.  I am looking here at JSA Regs 85 to 86C and Schedules 5 and 5A.

But if the partner is a PSIC the applicable amount is modified to the single rate.

If the partner in a case like that is an EEA national it is impossibe for him/her to be a PSIC so they would get a regular couple’s rate of JSA.  But of the partner is a non-EEA national it’s likely s/he is a PSIC and the reduced applicable amount applies.

Brilliant Peter- thank you for this and answer to the other one!
Just another thought - we’re wondering if the JobCentre would try to make them swap claimants so that, with the the one who doesn’t have primary care for the child being claimant, they would still have to look for work etc. Whereas if Mum - primary carer- claims JSA, she wouldn’t have the same conditions attached???