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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Advice please for EEA couple - GPoW test failed by client claiming JSA

Liz S
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Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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JSA initially paid early 2016 then client found work but this was apparently only temporary for a few weeks, GPoW test applied late 2016, DWP state client has not demonstrated reasonable prospect of work (this despite extensive job search, registration with agencies and attending course to improve language skills).

Client has 2 children in FTE but DWP state they cannot be deemed ‘primary carer’ as their partner also EEA resident so can ‘potentially claim JSA’.

We haven’t seen full paperwork yet but would be grateful for advice, family arrived late 2015. Partner has EU residency card confirming ‘work permitted’ so we are concerned that our client appears not to have been informed their partner could claim JSA in the meantime - it has taken several weeks for the decision on the GPoW test to be issued and the cessation of JSA has been back-dated.

Your advice appreciated as always.

 

samiam
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WRAMAS Bristol City Council

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This comes up periodically:
http://www.rightsnet.org.uk/forums/viewthread/9958/

To sum up:
- DWP say your client can’t fall back on their derived r2r until both claimant and partner have exhausted their r2r as EEA jobseekers. This means worst case the partner claims JSA as a jobseeker for 91 days after which time he/she will be GPOWed and entitlement will end. They will then be able to fall back on the derived rights. This isn’t ideal as it leaves them with no HB etc for 91 days.
- There are plenty of arguments against DWP’s approach which are summed up comprehensively in the thread I’ve linked to.

Previous experience tells me you’ll have to go to Tribunal so the partner may want to consider making a JSA claim asap just to get some money coming in.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I’ve just applied for leave to appeal in a very similar case; DMG states they must have exhausted all other R2R; I think that goes one step beyond what’s Permitted in Teixeira et al so I’m hopeful.

I do agree with Sam that the partner’s JSA claim is a good idea.