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

JSA Credits only claim - EU looked after child

FerhanaBhogadia
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Senior WRO - Leicester City Council Welfare Rights Service

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Joined: 18 June 2010

My client is an EU national, aged 17, looked after child.
He has an intermittent work history.
Currently out of work, expenses met by local authority.
Lives in supported living.
No other basis for R2R.

I’d like to argue that he has retained worker status - so that when he reaches 18 he can claim both JSA and HB as an EU worker who has retained worker status (rather than under 3mnth rule which allows JSA only). The case law on intermittent work is quite supportive.

As a looked after child he is expressly excluded from being ENTITLED to JSA under s6 Children (Leaving Care) Act 2000.
I cant find any law, regs etc relating to a credits only claim, as I understand credits only claims may have slightly different rules?
Whilst out of work, can he sign onto JSA to show he is registered for work as a credits only claim?
This would mean he could then retain worker status.

One possible advice is: give it a go with a credits only claim, if refused we can see what law they’ve used. In the meantime keep a record of all job searches and when you claim JSA at 18, argue there isn’t a mechanism in our system to register (along Elmi lines).

I’d really appreciate your views.

Elliot Kent
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Shelter

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The Regulations for “credits only claims” for benefit are the Social Security (Credits) Regulations 1975. Regulation 8A covers the situations in which credits for jobseeking can be claimed.

I can’t see anything within reg 8A which obviously excludes your client from qualifying for credits and I think going and claiming credits ought to be sufficient for the purposes of Article 7(3).

If this is wrong and your client doesn’t qualify for credits, then I agree it is arguable that by presenting themselves at the relevant employment office, indicating that they are involuntarily unemployed and that they are looking for work and being thwarted simply by the absence of an appropriate social security benefit, your client has done enough to retain their status. Gathering evidence of the work search would be wise if the state aren’t going to keep their own records.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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“If this is wrong and your client doesn’t qualify for credits, then I agree it is arguable that by presenting themselves at the relevant employment office, indicating that they are involuntarily unemployed and that they are looking for work and being thwarted simply by the absence of an appropriate social security benefit, your client has done enough to retain their status. Gathering evidence of the work search would be wise if the state aren’t going to keep their own records.”

It’s more than arguable.  It’s crystal clear.  See Elmi in the court of appeal.

FerhanaBhogadia
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Senior WRO - Leicester City Council Welfare Rights Service

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Total Posts: 45

Joined: 18 June 2010

Thank you both.
I’ve advised the relevant department - now waiting for the outcome.