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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Baumbast rights for A8 nationals

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Just got the decision in this case from the UT, where our clieny was represented by CPAG.The DWP had brought the appeal against a successful FtT decision that the claimant, who worked under WRS for 10 months and put her child into education in the UK whilst so doing, was entitled to IS due to her Baumbast rights.

Jusge Jacobs has dismissed the DWP’s appeal in CIS/0647/2010 and confirmed that A8 natonals who have been employed for less than 12 months under WRS can still take advantage of the Baumbast, Teixiera, Ibrahim case-law.

AGodfrey
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Welfare Benefits Adviser, Money Advice Unit, Herts

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Awesome news, congratulations! Any chance of a copy of the decision?

I presume the DWP will try and take this to the CoA?

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Don’t know yet if the DWP will appeal - I presume they will try as this does blow a rather large hole in the Accession Regs.

But the Judge was pretty dismissive of their submission. The argument is ridiculously simple - as a worker under WRS, they have worker status under Accession Reg 5(2), which is carried through to Reg 6 of the 2006 Regs - although the worker status may have been temporary until 12 months work under WRS had been done, it was still worker status when the child was put in education, hence Baumbast, Teixiera and Ibrahim apply.

Clear to all…. apart from the DWP. I suspect they knew that their case was not strong but wanted to chance it.

If you want to give me fax numbers I can fax the decision tomorrow or Monday.

AGodfrey
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Welfare Benefits Adviser, Money Advice Unit, Herts

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It’s just a way of delaying the implementation of the decision, I cannot see how they could possibly argue that an A2/A8 national cannot gain rights through Baumbast.

Fax is 01438 843 400
FAO Andrew

Cheers

shawn mach
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hi -

if you want to fax it to us at rightsnet (0207 247 4725) we could scan it in if that’s helpful?

cheers - shawn

wjhamilton
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Benefits, Bristol City Council

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PCLC - 14 October 2010 01:19 PM

If you want to give me fax numbers I can fax the decision tomorrow or Monday.

Hi,

We’d love a copy if you don’t mind… 
  FAO:  William Hamilton
  Fax:  0117 3526400

Cheers,
Will

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Just faxing it now to all of the above - thanks for your interest!

shawn mach
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cheers pclc .... have uploaded it to rightsnet ... see attached .....

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