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Top Income Support & Jobseeker's Allowance topic #5377

Subject: "a8 national ..." First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

a8 national ...
Tue 18-Mar-08 02:18 PM

good tidings to all
wrote about this matter earlier, now got date for tribunal 14/04/08.

recap :

cl. polish with one child aged 6.
has been a registered worker for 12 + months.
when she finished work 10/07 was advised by jcp to claim i.s as a lone parent.
this appeared to be incorrect advice because cl. to be economically active and therefore able to claim j.s.a, has to be actively seeking work.
i.s claim refused on basis cl. does not have right to reside.
we assisted her to appeal this decision on the grounds that cl. should not automatically be treated as economically inactive if has to give up work due to childcare responsibilities, and if she is this could be classed as discrimination under article 12 of the human rights act, which the cl. can rely upon under article 17 as a citizen of the union ...

eh ! ? ! ? !

exactly

any other people got any experience or assisted a cl. with similar appeal, if so, help ?

do hope all ok and groovy

pete

  

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Replies to this topic
RE: a8 national ..., paul__moorhouse, 19th Mar 2008, #1
RE: a8 national ..., Sayo, 19th Mar 2008, #2

paul__moorhouse
                              

welfare rights trainer and writer, freelance Bristol
Member since
14th Feb 2008

RE: a8 national ...
Wed 19-Mar-08 10:12 AM

I had a similar case (Czech client) where I advised her to make a claim for JSA and asked for backdating or a compensation payment on the basis that client had been given wrong advice by JC+. They agreed backdating.

I'd like your ingenious argument to work and will be crossing everything for you. Please let us know what happens. If it doesn't you could still try my strategy (depending upon if/when she made subsequent JSA claim).

  

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Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: a8 national ...
Wed 19-Mar-08 10:51 AM

hi paul

and cheers for your response ...

already managed to have j.s.a backdated thanx (HOORAH !) and now looking for top-tips for the argument i am proposing to appeal i.s decision ?

will contact cpag me thinx ! ?

laters.

pete

  

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