Fri 02-Mar-07 11:57 AM by shawn

(Edited to remove capitals)

I'm looking for some advice on how to proceed with client who has been living in the uk since August 2006 with his wife and 2 chldren agred 16 and 19.

The client and his wife have come over from Greece last year and have been unable to secure employment to date. He has approached the local JC+ to claim JSA and was advised he had no entitlement to claim benefits as he was from greece.

I've checked various reference books and can find no particular reason why the client cannot claim JSA.

His 2 children are being funded to study in the Scotland and there does not appear to have been any problems in this respect.

Any advice would be most welcome...

You are right: there is no reason why he shouldn't be able to claim JSA. He has the "right to reside" as a workseeker. Regulation 14 of the Immigration (European Economic Area) Regulations 2006 state that a "qualified person" will have the right to reside. Regulation 6 of those regs defines "qualifed person" and workseeker is listed in that reg.

I think your client should insist on being given a claim form. Should also ask for backdating on basis of being wrongly advised. If more than three months since was told, should ask for compensation.

Cheers Ros

Thanks Ros that was very helpful and thats what we thought too

Cheers