Applying ECJ judgements in Ibrahim/Teixiera

Just wanted to be clear on this - I have a single parent client who is a former worker in UK (she worked for 2 years), now on JSA. Her eldest child will start primary school in September - is it safe to tell her to claim IS after that? My understanding is that the children do not have to enter education whilst the EU national was actually working but I cannot see this clearly from the judgements.

Thanks all

Yes but good luck getting a decision from DWP.

Wick have a beclog of these cases and I have cases under appeal that have been waiting since Febuary for a decision. Luckily our Local Authority is starting to see the light and award HB so avoiding these clients from being homeless.

Phil

I have been told by our local DWP that there are long backlogs at Wick because of this new decsion. I have just won an appeal on this, but it as for a decision from 14 months ago ...

My worry would be your client could end up without any money for a signficiant period of time in trying to swap to IS. It might be safer for your client to stay on JSA for the time being, if she can, until the backlog of cases has cleared.

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