Just a quick query that I need some clarification on. An EEA national (German) came to UK in Jan 2004, worked until May 2007 when he was made redundant. He claimed and received JSA (cmbination I believe of JSa (C) and JSA (IB) ). In February of 2008 he broke his ankle - went to Job Centre and was advised to sign off and claim IS which was duly turned down in April on right to reside.
My query is: Can he still be counted as a worker even though he was in receipt of JSA from May 07 to Feb 08? He is now looking for work again but obviously has had no basic income since Feb 08. Will it be possible to appeal and argue "temporary incapacity" or do you have to be working immediately prior to the accident/illness?