Hmmmmmmm ...

... Bit of a long one-ish but here goes !

Have a cl from Portugal who came to uk 1993 and returned to Portugal in February 2010.  He returned to uk January 2012 and claimed ESA which was refused because JCP informed cl he did not have a right to reside.

Between 1993 and 2010 cl stated that he was employed and self-employed for the majority of the time but is unable to evidence this for a continuous period of 5 or more years to demonstrate that he has gained a permanent right of residence.

We helped cl with an appeal against this decision and advised cl to claim JSA.

In November 2012 he became ill and was advised by jcp to reclaim ESA (I know !?) which i thought would be refused on the above basis but ... on 9th November he was awarded IBESA !?!?

All good I hear you think but now JCP have stated that the Decision Maker who awarded cl ESA on 9th November made a mistake because cl National Insurance record from HMRC does not evidence that cl was continuously employed for 5 years or more and they have revised this decision.  I have examined the resided lawfully in the UK test and employment or jobseeking are cl only arguments.

Cl now has a date for tribunal on 30th May and I’ll be honest, I’m bamboozled by this one so if anybody has got any ideas on this, as ever, they would be greatly appreciated