GPoW for ‘stock EEA Nationals’

This seems to have appeared this morning:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/402043/m-2-15.pdf

Explains why EEA jobseekers with pre-1/1/14 claims had been allowed to continue getting ibJSA (and HB) despite what the legislation says about the relevant period (ie that any periods of jobseeking from 1/1/14 count). However, means that if can’t meet the GPoW from 9/5/15, entitlement will end.

Note also paras 6 and 7 – this has been a problem. Had a number of cases where DWP seem to refuse to consider if someone has any other rtr before ending ibJSA claim. Arguably, they shouldn’t even apply the GPoW in such cases.

Also don’t think I agree with para 15 – think HB need to come to their own conclusions and think that is what the circular says too.

“Had a number of cases where DWP seem to refuse to consider if someone has any other rtr before ending ibJSA claim”.

That is wrong.  See R(IS) 10/05 (para 16) where the commissioner stated that “the fact that a claimant no longer falls within one category (of person under schedule 1A of the IS Regs – my insert) will not usually be a ground for superseding a decision awarding income support unless, on a balance of probabilities, he or she does not fall within any other prescribed category”.  Although distinguished on the facts I believe that the same principle applies to right to reside cases.

Indeed. This thread has been dealing with those sort of issue: http://www.rightsnet.org.uk/forums/viewthread/7076/P15

Can only hope this (re)statement makes it clearer to DMs

Good to see they’ve chosen respectful language to describe our fellow human beings. No doubt they’d sell off all this excess stock if they could.

Or maybe I’m reading too much into it.