Is my client an EU Jobseeker?

I am beginning to doubt myself on how the new rules apply so any help gratefully appreciated!

Client is single EU national from Cyprus, worked 2007 to 2009, then on JSA until 2012. Worked again for 6 months, then reclaimed JSA, on it since, with full HB in privately rented accommodation.

All fine until he goes to Cyprus for 4 weeks due to illness of his mother, away from 13/06/14 to 12/07/14. Reclaims on return, awarded JSA but as a jobseeker so no HB.

Putting aside the fact that he may have a permanent R2R, as he last worked for less than a year, I presume that due to the Immigration (EEA) Amendment Regs in force from 01/01/14 he can still retain worker status but only for 6 months? And that I would have to argue that the break in his claim did not remove his previous worker status linking back to his 6 months work in 2012, as his removal from the UK labour market was short and temporary?

Or are they correct and all we have is possible permanent R2R?

Has anyone else had this type of case and how did you deal with it?

Many thanks all.

Leaving aside the permanent right to reside for a moment as you say ...

Without the absence from the UK I don’t think he would even be getting JSA, never mind HB.  The way I read the sequence of events, he was getting JSA and HB as a worker with retained status before he went abroad. Under the transitional rules his pre-2014 jobseeking didn’t count towards any time limits: he started with a clean slate on 1/1/14.  As he most recently worked for less than a year, by 13 June he was close to the end of his six months’ retained worker status.

And then from 1/7/14 the regs were tightened again to include the new requirement to have been absent from the UK after six months of jobseeking in any capacity (including retained worker status) before it is possible to have the status of work seeker again.

So after 1/7/14 it seems to me he would have run out of ways to be even a work seeker if he had stayed in the UK.

Having broken his UK presence, he was able to start again as a work seeker but subject immediately to the GPOW test under the July rules because he was absent for less than a year.  That means JSA(ib) only if he has GPOW and it means no HB under any circumstances.

Next week he may well lose his JSA as well because the reduced 91 day limit applies retrospectively to periods of work seeking from the start of this year.

... unless DWP and/or the LA accept that he has a permanent right to reside, which I think he does actually.

Many thanks for that.

Can I just clarify;

1. In a case like this, because his previous IBJSA claim was linked to a period of work of less than 6 months in 2012, from 01/01/14 he only had retained worker status for 6 months, end of.

2. When you say he was subject to the GPOW test straight away on his new claim, where does this come from? He is still on JSA from his new claim after 12/07/14 so have the DWP missed something here?

3. Where does the tightening of the rules from 01/07/14 come from? How long does he have to be out of the UK for before starting a new claim as a jobseeker?

Thanks again!

PCLC - 05 November 2014 02:37 PM

Many thanks for that.

Can I just clarify;

2. When you say he was subject to the GPOW test straight away on his new claim, where does this come from?

3. Where does the tightening of the rules from 01/07/14 come from? How long does he have to be out of the UK for before starting a new claim as a jobseeker?

Thanks again!

I’m struggling with that too.

(In fact, I am increasingly feeling that I am missing a trick in relation to the new rules..)