Tue 28-Apr-09 01:51 PM by Ali Lord

Client is Italian (half brazilian as well but that just complicates things), came to live with her then partner in the UK about 10 years ago. She was a student for a while and then worked for a while but can't remember if she paid tax/NI - some of it was definitely cash in hand, claimed (and was awarded) IS on grounds of being unfit to work and HB in or around 2006 (when she was diagnosed with HIV), worked again for a while and after fleeing abusive partner has lived off her savings and credit cards for the past two years.

Tried to make a claim for ESA which has been refused due to having no right to reside, presumably because she doesn't have worker status although the decision letter gives no detail at all.

My questions: can she claim JSA after such a big gap since last working? Does the fact that she lived off her savings for so long have any bearing on whether or not she has a right to reside? Does the fact that she has been here for 10 years mean that she has permanent residence if she has not worked, looked for work or studied all the time she has been here?

What I'm trying to say is: is there any way my client can claim any benefit at all?

just bumping this as I can't find the answer to this anywhere else, and my client is coming in half an hour

I'm not an expert in this, but seeing that no-one has replied to you yet, I'll tell you what I know.

She can definitely get JSA, whether it's income-based or contribution based, provided she qualifies (savings less than £16,000, etc...) and is available for work.

She could otherwise potentially get ESA contribution-based if she qualifies (check she has paid enough National insurance Contributions) in the relevant tax years and if found to have limited capability for work. The fact she is not British does not matter for contribution-based benefits so long as she is habitually resident, which she is. She cannot get income-based ESA because she has to have "worker" status.

If she's on JSA or ESA she can get HB and CTB too.

The fact that she used up her savings is a potential problem for means tested benefits only i.e. HB, CTB and income-based JSA in her case. It has nothing to do with the fact that she is Italian. She may have to show that she has not deprived herself of capital inorder to claim benefits.

Hope this is of some help!

Thank you!

We put in a cliam for JSA, so we'll see what happens with that. She's been living off her savings for 2 and a 1/2 years, so surely that can't be seen as deprivation of income? She hasn't paid enough NI conts recently to qualify for CB benefits. If she qualifies for JSA will she then have worker status and then be able to apply for IBESA?

No problem!
She'll get the JSA (income-based) and Housing and Council Tax Benefits if applicable. Also she can get Child Tax Credits and Child Benefit too if she has children. To have worker status she has to be in work or on JSA but this stops as soon as she comes off JSA or as soon as she stops work. So unfortunately she can't get IBESA just because she "was" a jobseeker and is now unable to work. Does that make sense?

Absolute sense. And thanks again.