JSA and “right to reside” restrictions

Am I right in considering that the “habitual residence restrictions” will apply to UK citizens returning from a non-European country for the first three months in relation to JSA, but that they will just have to satisfy the normal habitual residence requirements in relation to ESA or IS?  I have a client who has worked for around 7 months in the Dominican Republic, has returned to the UK and is now pregnant.  Her JSA claim has been refused, but am hoping to advise her to claim IS or ESA (depending on how far on the pregnancy is, whether she has any sickness etc).  Ruth

i think you could argue that your client is a returning resident and so doesn’t have to meet the three month test for JSA - depends very much on the facts though - might be worth putting in an appeal on that basis.

see this thread for arguments and link to DWP guidance on what ‘living in’ means-

http://www.rightsnet.org.uk/forums/viewthread/6033/

in meant time, prob best to put in claim for IS/ESA as subject to ordinary hab res test as you say. however that also considers period of residence so returning resident argument might still be needed…

cheers ros

Thanks a lot Ros   Ruth