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Top Income Support & Jobseeker's Allowance topic #5897

Subject: "R2R former worker" First topic | Last topic
pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

R2R former worker
Wed 30-Jul-08 06:54 AM

DWP claims in its submission that worker status is only retained for 6 months if registered unemployed.

Is this baloney or does it have some legal basis?

Thanks!

  

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Replies to this topic
RE: R2R former worker, Dan_manville, 30th Jul 2008, #1
RE: R2R former worker, ken, 30th Jul 2008, #2
      RE: R2R former worker, Dan_manville, 30th Jul 2008, #3
           RE: R2R former worker, shawn, 30th Jul 2008, #4
                RE: R2R former worker, pclc, 31st Jul 2008, #5

Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: R2R former worker
Wed 30-Jul-08 08:38 AM

Tis not entirely baloney, however upon 6 months having elapsed, the opportunity must be there to provide evidence that client is still engaged with the labour market and has a reasonable prospect of being employed.

The precedents from a case called "Antonissen" to which you'll find a link on the site somewhere, but I believe it's built into directive 2004/38/EC somewhere... If I'm, not too busy I'll look it up later, see what the postman brings...

I've a case pending at Comms at the mo where Mr Jacobs in directions has intimated that where there are no language barriers and client is taking steps to find work it's just a question of keeping to their Jobseekers Agreement, but he might yet change his mind.

  

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ken
                              

rightsnet, lasa
Member since
28th Jul 2005

RE: R2R former worker
Wed 30-Jul-08 08:49 AM

R v Immigration Appeal Tribunal, ex parte Antonissen (1991) is available here.

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: R2R former worker
Wed 30-Jul-08 09:14 AM

directive... DF">http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN DF

it's at preamble 9 &16 and article 7 3 (c). You might even get the regs if you're lucky.

I like the built in smiley bit it renders the link broke copy teh link and replace Mr Smiles with {colon Capital P} and it'll work

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: R2R former worker
Wed 30-Jul-08 09:36 AM


crazy link !

.. can't get it to work with their strange URL, so have uploaded here instead .... Directive 2004/38/ec of the european parliament and of the council of 29 april 2004

  

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pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: R2R former worker
Thu 31-Jul-08 06:56 AM

Thanks for all the replies and links!

  

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Top Income Support & Jobseeker's Allowance topic #5897First topic | Last topic