Old Hab Res rules and advance claim

Hi All,

I seem to remember in the days before R2R that there was a commisioners decision that said a claim coud be treated as an advance claim as the appealant became habitually resident at a point after the claim/decision.

The old CPAG 2006 does say the decision maker should consider if you will become habbitualy resident in the future but no referance to the caselaw.

Anyone know what that decision was?

The case was DWP v Bahkta (CA) 2006.  But the DWP amended the regulation (Reg13 of the Claims and Payments Regs 1987) to swiftly reverse the effects of that decision.

Yes Reg 13(9) Claims & Payments Regs, prevents advance claim for persons from abroad (i.e. people who are not habitually resident), for IS, JSA, and ESA.