Dear All,

I have a client who came to UK December 2005, almost immediately was admitted to psychiatric hospital where the client remained for some months. The client left hospital and now lives in shared housing association accommodation.Client currently funded by national Assistance Act.

Claim for JSA made 29/8/06 as client feels able to work and wishes to do so. Claim refused and we have appealed. In the appeal submission the DWP have stated that client has only a six month right to reside unless they are genuinely seeking work and have a reasonable chance of being engaged. The DWP refer to the case of Antonissen, which as I understand held a time limit in immigration rules at the time did not breach EC law.

Can we argue there is no six month rule? If there is such a rule from when does time start to run as client effectively only became a workseeker with JSA claim? Any other thoughts?

Many thanks as ever

Paul Edwards

Hi Paul,

Can't you jsut argue that on the facts he is genuinely seeking work and has a reasonable chance of being engaged?

The six month rule is a right to reside issue... see
Immigration(EEA) regs 2006 No. 1003 .... Part 1. section 6(2) "qualifying persons"

Have a look at the next line under the 6 months bit "or he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged"

Hi Martin,

Thanks for your thought. The reason I wanted a thought on when we could argue the six months runs from (from when the client becomes 'economically active' by seeking work or from when he enters the country)is that there is not an overwhelming case on the facts.

The client speaks very little English (it is difficult to get the client try to speak English),is still under the care of a community psychiatric team, has not worked for some considerable time (the last work I understand form the client was 'cash in hand' for a couple of weeks a couple of years ago)and can seem vague. I am unclear how much effort he is actually making to find work.

On the postive he has attended some English classes arranged via JCplus and continues to sign on. Regards

Regards
Paul