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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

E.S.A. for Czech National - Complex issues - Advice Needed!

JohnColegate
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Riverside Advice, Riverside, Cardiff, Glamorgan.

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Total Posts: 12

Joined: 13 January 2014

I have a client who is a Czech National (A8). He came to Britain on 15/3/2010. He had separated from his partner before, on 9/3/2010. They were not married. At some point before this, he had been injured in an catastrophic industrial accident, and had a leg amputation and lost his heel on the other side. I am not sure as to when that was. Obviously he had been working in the Czech Republic. He has no savings.

He came to Great Britain with his son, aged 10. The two of them live in rented accommodation. His son is in Primary School. He receives Child Tax Credit, Child Benefit, and Housing Benefit. I am not sure about C.T.R., but guess he probably gets that too. He has made a P.I.P. claim, and has got to the stage of having been offered a medical this week.

Since being in Britain, he has worked for two days only, but was then told by the boss that he could not perform the job he did, owing to his being an amputee. The child was in school at the time he did the work, though I would imagine that two days work only is de minimis.

He had apparrently been on Jobseeker’s Allowance until November, I think, when he claimed, but was refused E.S.A.. Since then he has had no means-tested income-replacement benefit (such as Income-Related E.S.A., I.S., or J.S.A. (Income Based)).

He came to us with serious levels of financial need, obviously. He has recently had a telephone call made on his behalf by another person helping him, and has been sent an ESA3 and Habitual Residence Test form HRT2 and the Right To Reside Stencil form HRT2(R).

Aside from P.I.P., which it appears he has a case to receive, what should he be claiming? I know he could claim J.S.A., but could he legitimately be able to claim E.S.A. or anything else? I assume I.I.D.B. is a non-starter as his accident was not in the U.K..

He has clearly managed to get C.T.C., ChB. and H.B., though I have not seen the letters and do not know any details as to the grounds upon which his claims to these were accepted. 

Any advice would be most appreciated as this does seem to be a pretty complex case for anyone other than an immigration or migration specialist! Help!


Thanks,


John.

[ Edited: 15 May 2014 at 12:54 pm by JohnColegate ]