ESA appeal - RTR issues - working in Channel Islands - UK

Hi there, hoping someone could help shed some light on this.

My client is an EEA national (non-UK) who moved to Jersey in 1985 and worked for 13 years, paying UK insurance contributions - he had a UK NI number. He then moved to the UK in 1994 and worked for around 5 years in 3 jobs at one point simultaneously, being paid cash in hand. Thereafter he claimed JSA, went into prison for over 3 years and then reclaimed JSA. He lately claimed ESA but was turned down due to RTR issues.

I understand Jersey is part of the UK but not considered to be part of the EEA… I have looked at the Social Security Agreement and the Order 2012 between the Channel Islands and the UK, but I am struggling to decipher this fully.

Can the client satisfy permanent residency and therefore claim ESA based on the period he spent and worked in Jersey given that he was paying UK insurance contributions? I’ve considered Article 5(1) but I am uncertain if he is eligible for benefit in Jersey (leading to the argument he should then be eligible for benefit in the UK as in Jersey as per Art 5(1)) given that he paid UK insurance contributions.

I also understand that it is possible that I could argue he worked for 5 years in the UK, relying on the recent caselaw regarding cash-in-hand jobs but the client is unable to prove this and it would come down to whether the Judge believes the client so overall is not a strong argument in itself.

Article 14(2) states ‘Where a person is employed in the territory of one Party and the legislation of any other Party applies to him in accordance with any of the provisions of Artcles 6-11, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of that other Party’. Does this suggest that because he paid contributions to the UK, this could count towards permanent residency on the basis he had worked for at least 5 years continuously (and therefore can now claim ESA)?

Many thanks

I don’t know if this helps, but it suggests that if he has a right to reside in any part of the Common Travel Area he should be OK: http://www.dwp.gov.uk/docs/dmgch0703.pdf

That is, if it isnt out of date.