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Top Income Support & Jobseeker's Allowance topic #5463

Subject: "JSA repeat claims & habitual residence" First topic | Last topic
southwestlaw2
                              

Solicitor, welfare benefits & community care, South West Law, Bristol
Member since
23rd Mar 2008

JSA repeat claims & habitual residence
Wed 09-Apr-08 12:12 PM

Sorry, I fear this may be a stupid question - it's so long since we did straight HR rather than R to R ....

An EU client has been refused JSA on HR grounds (reasonably we think since she'd only been here 2 weeks when she claimed). We advised her to keep reclaiming until one is accepted but when she phoned the contact centre they shaid she couldn't make a new claim as a previous one (10 days earlier) is still being processed so she can't claim again until the make a decision 9which could be several weeks....

is this correct? is there any way round it to ensure that she gts entitlement from the earliest possible date rather than the date at which they get round to refusing an earlier claim?

many thanks

C

  

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Replies to this topic
RE: JSA repeat claims & habitual residence, nevip, 09th Apr 2008, #1
RE: JSA repeat claims & habitual residence, southwestlaw2, 09th Apr 2008, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: JSA repeat claims & habitual residence
Wed 09-Apr-08 12:27 PM

It would be futile making repeat claims for JSA/IS while waiting for a decision on an earlier claim if the issues were exactly the same. However, as the issue crucial to any claim is the date of HR (which will change with each claim) then it is wise to keep on making new claims while waiting for a decision on an earlier claim. I can’t recall anything in law that stops a person making a new claim in the circumstances you describe. I remember in the early days of HR advising people to make such multiple claims and never came across anything then that could stop them.

  

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southwestlaw2
                              

Solicitor, welfare benefits & community care, South West Law, Bristol
Member since
23rd Mar 2008

RE: JSA repeat claims & habitual residence
Wed 09-Apr-08 12:33 PM

thanks! that's certainly what Ithought, and i'm sure used to work when we advised it previously. It is soley the date of acceptance of HR that is at issue, which in this client's circumstnaces we think would probably be around the 3 month mark (no compelling argument for less than this).

  

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Top Income Support & Jobseeker's Allowance topic #5463First topic | Last topic