Confused, as usual.

Cl came from Pakistan April 2008 and within 3 days made a claim to JSA. She speaks little English and had not been to the UK before. She left her mother behind and came to live with her father.

JSA refused on basis has not established hab res.

Appealed. In meantime she had made another claim in approx. Oct 2008 which has been accepted and she is being paid JSA.

In CPAG 2008/9 p1372 it suggests that a DM should make a prospective award if nothing is likely to change for client in the next 3mths. My understanding is that the DWP could have made her an award from July 08 ie 3mths after her claim. There is a note in CPAG which states it is relying on the Bhakta case, which interpreted Reg 13 Soc Sec (Claims and Payments) Regs 87.

However, I also understand the government then changed Reg 13 to counter Bhakta.

My reading of Reg 13 leads me to believe it cant help my client as claims to JSA refused on basis of being a person from abroad rule her out.

Please let me know if you think I am wrong in that.

But my question actually is, does anyone know why CPAG suggests what it does, when reading through it to the legislation books draws a blank?

Many thanks.

Hi Paul

I agree with you on the effect of the amendment to reg 13 which reversed the effect of the decision in Bhakta. However, the amendment to reg 13 only applies to JSA/IS and not PC/HB/CTB. So unless there are amendments elsewhere that is possibly why CPAG might have been coming from.

Regards
Paul

Got you, thanks Paul!

I may be wrong but I think that CPAG are referring to repeat claims and not to claims in advance for people who will become habitually resident at a later date.

Shaun