ljl
welfare benefits caseworker, CAB, South Holland, Lincs
Member since 07th Apr 2006
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R2R portuguese client
Wed 13-Jun-07 05:57 PM |
Hi, hoping for some assistance here. Portuguese client with two children in full time education. Client came to UK as a worker in 1996. She was employed the following day. She met her future husband and fell pregnant several months later. First child born 1997. She returned to work and worked in southern England until 2002 when she had another baby, she also married her English husband. She moved to Lincs in Sept 02 and took up employment again until she was dismissed April 07.She separated from hubby Nov 06. She applied for I.S in April 07 following dismissal, this was on the advice of the local JC+ office but has been turned down due to failing R2R test. She has since looked tirelessly for work, applying for lots of jobs to no avail, she has registered with agencies and the Jobcentre have organised an English course to help with her written English.
I took some advice from an Immigration solicitor who said the decision was wrong,that she should have been treated as a work seeker. He also advised that she claim JSA. I requested urgent reconsideration but this failed. I rang today to discuss it and the DM's office said client has to be registered with Jobcentre and claim JSA as a lone parent and also look for work. Even giving the length of time client has been in UK she apparently loses her R2R and should have claimed JSA. As she was given wrong advice she was urged to claim JSA and ask for backdating.She said JC's are giving out really bad advice to EEA nationals.
I'm trying to work out quickest way to solve this for client as now her HB, CTB and CTC have all ceased due to failing R2R test. Should we appeal R2R decision, if so on what grounds? Can i go down the route that she has R2R as kids in f/t education? Any regs to quote would be fab please.
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