housing & support worker, st. basils, heath mill lane, deritend, birmingham. Member since 08th Mar 2006
JSA & Habitual Residence Thu 24-Apr-08 02:38 PM
I hope someone can help me with the following query. I am a support worker at a hostel for homeless young people & one of our residents has been waiting since February for a JSA claim to be sorted out. I phoned JC+ on his behalf & was told a letter was on its way to him saying he has been refused due to failing habitual residence test. Client is 20 years old & his family took him to Holland from Somalia in 1995 & he then came to England in December, 2005. He says he received JSA after he had been here 6 months, was on New Deal in 2006 & then worked for 3-4 months in 2007. Was awarded JSA in August, 2007 but had to re-claim in February 2008 after changing address & has now been refused. Can anyone tell me if my client is entitled to JSA or not. Thanks.
welfare benefits adviser, notting hill housing trust, hammersmith Member since 11th Jan 2008
RE: JSA & Habitual Residence Thu 24-Apr-08 03:02 PM
No reason I can think of why not. Has a right to reside as a workseeker claiming jsa under reg 6(1)(a)of the Immigration (European Economic Area) Regulations 2006 and has been here long enough to satisfy hab res test even by the most draconian of standards.
Should definitely appeal and maybe you could contact them and ask them to revise as seems clear cut unless I am missing something.