Polish National R2R appeal (Scotland Specific!)

Hi guys

This is mainly aimed at colleagues in Scotland as the issues are devolved.

We recently won an Income Support HRT/R2R appeal for a Polish client on the basis that her daughter is in education. The daughter has just turned 4 and when the claim was made was at nursery.

The argument was that the Scottish Curriculum for excellence does not differentiate between nursery and primary education; it is studied in stages (ie Stage 1 runs from Age 3-6-“early years” to P1/2) and therefore, as the daughter was in an “early years” setting (as they are called now!) and covered by Stage 1, then she was in education.

We provided evidence from Scottish Govt etc and Judge agreed. I expect there may be an appeal by Dept, but thought I would share this as I feel there is a valid point here!

Peter

I like it - but with you now having opened the floodgates, the ‘Early Years Framework’ also arguably extends that to include pre birth to 3!

http://www.educationscotland.gov.uk/Images/PreBirthToThreeBooklet_tcm4-633448.pdf

Or perhaps not so Scotland specific!

The Upper Tribunal (IAC) seem to have decided that reception level education across the UK will be sufficient-

In Shabani v SSHD [2013] UKUT 00315 (IAC) – the SSWP has basically conceded that reception education is sufficient to acquire baumbast rights – as far as I can see it effectively says that changes to education law since 2008 mean SSWP v IM (IS) [2011] UKUT 231 (AAC) should not be followed on this point.

See http://www.ait.gov.uk/Public/Upload/j2604/00315_ukut_iac_2013_s_drc.doc