I'm thinking alound here...
the CPAG r2r training stated that London Borough of Barnet vs Ismael, <2006> EWCA Civ 383 effectively meant that EEA nationals without an r2r were not lawfully present, linking in S12(2) immigration and asylum 1986.
It seems that someone who is a PSIC can't get housing... the EEA non-worker app's required leave to remain in the UK which they didn't have so weren't lawfully present and QED were PSIC.
I'm wondering whether, where the IS regs have moved to look at a Person from Abroad, and defines that at reg 21(AA)as a person who's not Hab Res the PSIC test applied in Ismael might still apply.
This is a reg 15(1) apeal where app's were economically inactive.
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