ros_white
welfare benefits adviser, notting hill housing trust, hammersmith
Member since 11th Jan 2008
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RE: R2R and workseekers claiming IS
Tue 03-Jun-08 12:16 PM |
Hi.
CIS/4144/2007 deals with exactly this point.
Commissioner Jacobs says he is making a decison in another case about someone who was a worker and then claims IS as job seeker post April 2006.
Apart from that, he says that where someone was on JSA and then advised to claim IS, they should appeal decision to stop JSA (as a late appeal if necessary) and that the tribunal could look at decison to refuse IS and decision to terminate JSA at same time.
He also says that, where there was no JSA claim previously and the person was not a worker, they are not going to be entitled to IS under post April 2006 regs, but the fact that they were told to claim IS rather than JSA might give rise to a claim for compensation.
I've currently got a case like the latter where I'm making a big claim for compensation from the DWP. I'm asking them to compensate for the JSA the claimant didn't get and also the HB and CTC they lost because of not having the right to reside as workseeker claiming JSA. I'll let you know what happens.
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