Failed FS UC claimants being told to claim JSA

In cases where the claimant is an EEA “jobseeker” and has no other right to reside, they are unable to claim UC as its an excluded right to reside. The claim gets refused. If the claimant has the misfortune to live in a full service area, there is no other benefit for them to claim and they just have to live on air.

However, over the past few weeks I’ve had claimants reporting to me that they have been told to claim JSA after one of these decisions. A few of them have followed through, made a claim for JSA and been refused (as they would only be able to claim new-style JSA and they don’t have a contributions record).

Does anyone know something I don’t or is this just a case of UC advisers not knowing the entitlement conditions for JSA and encouraging these pointless* claims?

*Yes I know that NI credits may well be paid but I’m not sure that does these destitute people a huge deal of good.

I don’t think you are missing anything.  Articles 3 and 4 of the various local commencement orders, as modified for full service, basically allow any working age person with a pulse to claim UC* and, in so doing, bring about the abolition of JSA(ib) in their case.  For good measure, JSA(ib) is also abolished if a working age person with a pulse tries to claim it, so in the type of case you describe JSA(ib) is sort of double-abolished.

*3+ kids ... I know