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Forum Home  →  Discussion  →  Housing costs  →  Thread

PFA- changes of circs so no longer G&E?

GHE
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HB, Bolton Council

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Joined: 4 January 2011

Hello,

Just loking for some reassurance on this one !

The claimant has had a decrease in hours from 30 to 16. This means they wouldn’t meet the MET. I was happy enough they were in genuine and effective work before when working 30 hours so can i continue to say they are despite the sharp decrease? Or should i be querying why the hours decreased and how likely they are to go up again.
Thanks
Emma

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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You should do both.

GHE
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HB, Bolton Council

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ok, thanks,

Another one where the hours have decrease but this polish person has been in the uk since 2003. He went to prison between 2006 and 2008 approximately. He worked up until he went to prison and when he came out in 2008 he went onto jobseekers until 2011 when he started working again. he has worked ever since. I would have thought he has acquired a permanent right to reside but i don’t know how the being in prison affects this.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Have a look at articles 27 and 28 of EC Directive 2004/38 and reg’15(3) of the Immigration Regs.

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HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Presumably he hasn’t been required to leave the country or stripped of his right of residence by the Home Secretary, so Reg 15(3) and the other regs it refers to will not apply to him.

I don’t think he can rely on the years he spent in prison as counting towards the five years for permanent residence - I believe this was established in the Learco Chindamo case (although I cannot locate the transcript at the moment).  However, he has been out of prison for more than five years now and appears to have been either a job seeker or worker at all times, therefore he seems to have a permanent right of residence.  So it doesn’t matter if his work declines to a point where it is no longer effective and genuine.