RTR (again)

Definition of ‘worker’ in period of temporary incapacity. Client is A8 who has worked on & off since 2006 but none of her jobs were ever registered under WRS. Received JSA for short period (post May 2011) but then became seriously ill (mental health problems) and claimed ESA. Refused on basis she has never been a worker (as had not worked 12 months+ under WRS prior to falling ill). I have appealed on basis that there was no requirement to register any of the jobs for first month of employment and she was therefore a ‘worker’ during those periods at least (and that for the remainder of the time to date she has variously been self sufficient or a work seeker) but does anyone know of any case law I could use to back this up? She’s too unwell at present to cope with a further JSA claim.

When did her last job finish?

Unfortunately, 2009.

I think I’m probably flogging a dead horse on this one to be honest. Probably the only possible route would be on basis of permanent right of residence but demonstrating what she did when is going to be well nigh impossible as she has virtually no paperwork (plus the self sufficiency argument is going to run into the usual health insurance argument).

1964 - 28 November 2011 09:22 AM

I think I’m probably flogging a dead horse on this one to be honest.

I think you are, I agree, entirely, with TomH. Only thing I can think of is if she has family exercising treaty rights in the UK.

Nope. Been there, done that.

Thanks everyone- I think all roads lead to a further JSA claim whether well enough or not.