nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
|
RE: A8 family member claiming income based JSA
Tue 23-Feb-10 09:50 AM |
Tue 23-Feb-10 09:52 AM by nevip
This is currently before the courts. Article 16 of EC Directive 2004/38 states that “union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there”.
The question is whether “resided legally” has an ordinary everyday meaning of simply ‘being here’ or does it mean, as the DWP contends, been here in accordance with the Directive. In other words, throughout the five years was a “worker” or was a qualified person (or retained worker status or was a family member of a worker or someone who retained worker status), i.e. as a family member of someone claiming JSA.
If the latter then your client should not have a problem, if the former then she probably will.
|