hello fellow welfare benefitologists
and yet another R2R poser ...
can a person, namely an eea national from portugal, gain the R2R if they have been in the uk for a continuous period of 5 years, and rely on the titles regs to argue this ?
have a cl. who is a portugese national, has been in uk for approx. 16 years, and has 3 children aged 16, 11, and 8 who are in education.
i am sure they have worked at some point during their stay but have now been refused i.s as a lone parent, and has been told she must claim j.s.a.
can we appeal i.s decision ?
help ! ! !
baumbast and b****r !

enjoy your week

pete

read mccarthy:

http://www.bailii.org/ew/cases/EWCA/Civ/2008/641.html

Court of appeal analysing the RTR provisions. I reckon that might help you. (Mrs McCarthy lost, but because she had dual citizenship (UK & Irish) and had always lived here).

Hi.

On the commissioner's website it says that tribunal of commissioners has been appointed to look at five year permanent residence condition and Baumbaust (CIS/1471/2007).

Maybe you should put an appeal in and get it stayed pending the outcome of that decision. In the mean time, I think your client would be strongly advised to claim JSA if at all possible, otherwise HB, CHB and CTC will all be in jeopardy.

cheers Ros

Can you not find out if at any time since he arrived he has lived here for 5 years consecutively either as an employee or jobseeking between jobs? In my view it shouldn't matter when that was, but lots of EEA nationals have been here a long time and many of them can probably be assumed to have acquired permanent rights by now, without having to rely on the very dubious authority of Baumbast (which I have to say I have never felt happy with as an authority in social security law, since it was so very obviously an immigration case).