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Top Income Support & Jobseeker's Allowance topic #6712

Subject: "Right to Reside - worker registration scheme" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

Right to Reside - worker registration scheme
Thu 26-Feb-09 02:39 PM

This thread is related to this one:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=6488#6504

Thanks to all those who contributed. I've got the SoR which follows the party line, but I still think the party line is wrong. It's difficult to explain so I'll put it in the form of a simple question. Please comment.


1) The issue of a worker registration certificate is retrospective. Once issued, it covers the whole of that employment.

True or false.

2) If true, then in the case of someone who has worked for an employer for just over a year, but who applied for and received a worker registration certificate just six months ago has been in authorised work for 12 months and is therefore not an accession state worker requiring registration (reg 2(7)(b) and reg 7(2)(c) Accession (IW) regs) and can claim JSA after finishing work.

Right or wrong?

I know I've asked a lot with this R2R biz, but this one is just a constant niggle because I can't square the practice with the regs and now have to consider an appeal to the UT.

Thanks,



  

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Replies to this topic
RE: Right to Reside - worker registration scheme, ariadne2, 26th Feb 2009, #1
RE: Right to Reside - worker registration scheme, Tony Bowman, 27th Feb 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Right to Reside - worker registration scheme
Thu 26-Feb-09 08:08 PM

I still think it is only retrospective if the application is made within a month and that there are grounds for arguing that a late application cannot be granted at all.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Right to Reside - worker registration scheme
Fri 27-Feb-09 11:52 AM

Thanks Ariadne. Another question: Where does it say in the regs that the certificate is only valid from the day of issue if the application was made outside the month?

  

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Top Income Support & Jobseeker's Allowance topic #6712First topic | Last topic