Hi,

need some help on this one please, I so rarely see anyone other than British nationals that I have forgotton all I knew from my days of working in central london!

I have an Italian national with mental health issues who came here in July 2006. She had a job offer but never started the job due to her mental health, and has never worked here.

She says she was told by the local Jobcentre that if she waited 6 months she would be able to claim Income Support. So she made a claim in January 2007 and has just received a decision saying she has no right to reside and so fails HRT and has no access to benefits.

Reading my CPAG book, this seems to be correct because she has never worked here? And the fact that she waited 6 months to apply seems to be irrelevant?

Also, a very stupid question but is there a right of appeal against a right to reside decision? And if so, is there any point appealing do you think?

Many thanks in anticipation of your help!

Siobhan

1. Yes there is a right of appeal, but

2. unless you can identify grounds for an appeal (and I can't see any myself) it's about as valuable a right as all those dreadul cases about the amount of funeral payments and backdating Jobseeker's allowance becasue you thought you were going to get another job tomorrow!

Thank you for your advice, I agree completely about an appeal!