Please help! Just seen a Slovakian Family (husband, wife, 2 kids) who have had all their benefits refused because they have no right to reside - HB/CTB, CTC, CB & JSA.
The husband has been here since 2004, got his workers reg cert and worked for one employer for nearly 2 years. The work dried up and after working for a new employer for a few months, he claimed JSA in Oct 08. This was refused, he reapplied and lodged an appeal at the end of Jan 09.
I have checked the Border Agency website and contacted the Worker's Reg office to find out why he wasn't issued a cert after 12 months employment that would show he had the same rights to benefits as any EEA national. They said it was up to the person to get this.
So, I have advised the client to appeal CTC, HB/CTB & CB and having phoned ecah office today, they are all saying that until DWP state he has a R2R they are not going to change their decision.
My client has no income, has a wife and 2 kids (born in Slovakia) to support. What other help is available? In the meantime I need to challenge the DWP decision so am I right in stating that he has the same rights as any EEA national? Any regs would help.
Thanks
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