R2R - Self sufficient / Worker Christian Scientist

Hello,

I am looking for some guidance on where I might be going wrong on this one.  My knowledge of R2R is limited at best

We have a single female client who has just reached state retirement age in November 2013.  She is an Italian national.  No family of any kind in the UK. 

On reaching state retirement age a claim for income based JSA she had been receiving since January 2013 was closed and she was directed to make a claim for Pension Credit.  She also claimed a SRP that has been awarded at £27 a week .

She has lived in the UK since 1998.  Between 1998 and 2004 she held tenancy’s and lived off savings as well as carrying out limited cash in hand work as a babysitter. 

It wasn’t until 2005 that she obtained an NI number.  Between 2004 and 2006 she worked and lived off savings.  She worked again for a period between 2010 and 2011.  She then lived off savings again between 2011 and early 2013 when she claimed IBJSA.  However she had been employed by a family in Italy for a period between July 2012 and September 2012.  During this time she kept her tenancy and possessions in the UK.

The client worked as a nanny/tutor for family for much of the time.  This was organised via an agency at all times and she was required to have CRB records throughout .  Client states that the family’s she worked for our ‘high profile royalty’ where confidentiality agreements had to be signed. 

She has been turned down for GPC on the R2R test.  We have requested a MR and received a negative decision based on the R2R.  HB and CTR are currently still in payment. 

The decision maker has stated that ‘as you do not have comprehensive sickness cover you are not considered to be a self sufficient person during this period’.  This is in reference for the period between 1998 and 2005 where the client lived off savings and ‘marginal and ancillary’ income. 

The client is a practicing Christian scientist and lives in accommodation that is provided for the sole purpose of Christian Scientist.  As a Christian scientist the client has taken some exception to the fact that it has been suggested that she would require health insurance in order to be considered to be self sufficient.  From my limited knowledge of Christian science and from what the client informs me it appears that a key belief in the faith is that illness can be treated not by medicine, but by prayer.

At the moment she has gone away to find at more detail regarding her employment history in the UK, but I was wondering if she would have any ground for permanent right of residence based on time spent in the UK since 1998 both as self sufficient and as a worker? 

At the moment she does not intend to return to employment

Many thanks

Has she got a blue EHIC card or an old E111; that should cover her as per the Tameside decision

edit; with connections like that you’d expect she could ask someone to “have a word”...

Many thanks for getting back to me. 

The decision maker has acknowledged that she did have a EHIC since arriving in the UK but has stated that the client is unable to benefit from the Tameside provision because she did not have an income at the time of being self sufficient! 

I think it may be worth me know trying to clarify with the client what level of capital she had when arriving in the UK back in 1998 if she was drawing a significant income from this. 

Cheers