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PC R2R for Swedish National
Client reached qualifying age for PC a couple of months ago, claimed, and has been refused as found not to have R2R. Struggling to find any grounds to appeal at the moment. A second option on anything I may have missed would be welcome.
Client is a Swedish National, came to the UK April 2004, claimed IS from 2006 and remained entitled to IS until the recent claim for PC. Currently also recieves DLA HRC/LRM, CB, CTC, HB, CTS and small State Retirement Pension. Has one dependent son aged 15, son is not a UK National. Client has never worked in the UK, client has never been married or had a partner in the UK, has no other family member in the UK through which dependency could be claimed.
No exemption from R2R test through having been entitled to IS continuously since 30/04/2004. Son isn’t a UK national so can’t argue he would be denied right to stay in the UK if client lost R2R. No retained R2R through a husband/ex-husband/family member. No retained R2R through periods of work coinciding with periods of dependent being in primary education. No permanant R2R acquired though 5 years work in the UK.
Any other ideas?
prob not the case, but was she on HB from before april 2004 so could get transitional protection from that?
Thanks Ros. Doubtful, but worth investigating if I have nothing else to go on.
So did the client have a RtR whilst claiming IS? If so, on what basis?
Or was IS simply awarded in error, with the issue of whether client actually had any sort of RtR only being considered for the first time at the point the PC claim was made?
Any other ideas?
Could your client claim JSA? As in would she be prepared to and could she meet the jobseeking conditions? I know that a JSA claim will not succeed simply because of the retirement age thing - but if a man in her situation could claim JSA, there may be something….
I’ve argued and won one RtR SPC case on the basis that the exclusion of jobseeking as a RtR for PC (which was only introduced following the 2006 amendments) represents a retrograde step in terms of the equalisation of treatment of men and women - and is therefore expressly prohibited by Council directive 79/7/EEC. Needed good facts though - the woman had tried to claim JSA, had a very good documentary record of her jobseeking and had actually found self-employed work by the time we got to tribunal.
For the record, case was decided by a tribunal judge who also sits as a Deputy Judge in the Upper Tribunal - Pensions Service requested and received a (comprehensive) statement of reasons but (perhaps understandably) decided not to appeal to the UT.
May be worth thinking about if there’s nothing else…..
I can’t see any other way that the IS could have been awarded other than in error. I’ve continued to investigate clients situation further and cannot find any way in which, past or present that they may qualify.
They are adamant that they can’t meet the Jobseeking conditions and that this isn’t an option. Never impossible, but their reservations are fairly understandable given that they are blind, don’t speak any English and have never worked.
No, that is understandable.
But there will be some claimants for whom the only obstacle will be the difference in pensionable ages between men and women and the barrier this presents to a JSA claim/entitlement. For such (women) claimants there is a viable discrimmination argument on a PC claim.