Client is a Portuguese national who has been in UK for 19 years. He claimed IS on basis of sickness. The client was deemed to be a person from abroad with an applicable amount of nil, in accordance with Regulation 21AA of the Income Support (General) Regulations (NI) 1987. We won his tribunal appeal that he meets the RTR. Now DWP must consider whether he meets the conditions for IS. Despite successful tribunal appeal, DWP have refused to pay IS because they have requested statement of reasons of the tribunal's decision with intent to appeal against it. Problem is that clt has had no money for about a year, except living from handouts from family and friends. Is the client entitled to interim payments while waiting whether Tribunal will grant DWP permission to appeal? I understand that there is a special provision for this for EU nationals?
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