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A8 worker temporarily sick ESA eligibility then reclaims JSA
Client claims ESA after receiving JSA then reclaims JSA ( 4 months incapable of Work ).
ESA refused GL24 submitted.
No children of school age. Acknowledged he has right to reside.
Advice re UT/CD decisions which relate to reclaiming benefit in above circumstances
I am assuming he has been refused ESA as deemed to have failed the right to reside test. If this is the case, I would need to know more about the client’s work record. (I apologise if I have missed the plot)
It is possible to retain worker status if a person moves from one “head” to another, e.g. they initially retain status as involuntarily unemployed, and then become temporarily incapable of work. This is the ruling in CIS 4304/2007. Here is a link to that decision: http://www.administrativeappeals.tribunals.gov.uk/judgmentfiles/j2425/CIS 4304 2007-01.doc. There is I believe a similar case: SSWP v IR [2009] UKUT 11 (AAC), though I confess I have not had chance to look at this one.
But A8 workers requiring registration prior to 1 May 2011 could not retain status as workers, which is why I would need more info re their work record.
Thanks for that it was just what i wanted he did fail r to r but had been accepted as worker - fro info provided by client work seemed to be sporadic and little,
Toby
Hi I think he will qulaify for R2R under Reg 6(2)(a) of the Immigration and EEA Regs 2006 as a temporarily unable to work as the result of an illness or accident.