Client is EU national, has worked in 2007 but then claimed JSA. She is then pregnant, and two weeks before birth told she must sign off. IS refused on R2R grounds.

I'm working on an appeal based on her having exercised her rights as a worker. In the meantime, however, I'm looking for anything she can claim, as it seems CTC and CB will be caught by same decision. Baby was born >2 weeks ago - is there any reason she can't sign on again?

Sue

Hi... they often get this wrong.... the correct question is whether she has retained worker status... this depends on her previous works contract Does her previous employer still consider her to be employed by them ?
Is she getting maternity pay... if she gets maternity pay from her last employer and intends to return to work... then she is still a worker.

Even if she has not worked there long enough to get Mat Pay... it's still her works contract that is the critical issue.

Fri 11-Apr-08 09:27 AM by past caring 1

If she worked in 2007 and then claimed JSA I'd be extremely surprised if previous employer still considered her to be under contract....

Cannot see any reason why she shouldn't be able to claim JSA now whilst appeal progresses - simply has to tell JC+ she is available for work and can make child care arrangements should she be offered a job.

As for the appeal, it would be interesting to know whether, from the DWP's point of view, your client's RTR whilst in receipt of JSA was as a workseeker or as a worker who was involuntarily unemployed - ie did she achieve worker status via the 2007 employment? If the latter - and you could/should argue this anyway, the IS claim should succeed on the basis of reg 14(b) of the IFW regs.

Thanks for this. No she isn't on anyone's books.

Sue