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.