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Top Other benefit issues topic #2219

Subject: "income support" First topic | Last topic
Lou
                              

project coordinator, community advocacy support advice
Member since
30th Oct 2006

income support
Mon 30-Oct-06 01:39 PM

Hello

Ever thought so hard you start to question your knowledge?

Well I want to wing this one out to you... I have a client that is an EU citizen she has been in the country for 1 year, she has worked for 6 months and now wants to claim I.S, I am mindful of the new edict that EU citizens have to work to obtain benefits - and have to work 5 years before I.S can be claimed ....... is this correct or am I having a menopausal moment!!

All 8 children are fine; she is in private accommodation, a single parent and is looking for work.. For some reason she wants to claim is and I.S adamant she wants to!

Regards

  

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Replies to this topic
RE: income support, Mick, 04th Nov 2006, #1
RE: income support, ros white, 06th Nov 2006, #2

Mick
                              

IB New Claims Team Leader, JCP Bradford BDC
Member since
28th Sep 2006

RE: income support
Sat 04-Nov-06 10:16 PM

I'm assuming this customer is from an A8 country.
I'm no IS expert, but from having read DMG 071262-> you appear to be correct- 5 years it seems to be.
No doubt you've told her the likley outcome, so I can only suggest you advise her to claim IS and go through the process, and let JCP give her the bad news.

  

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ros white
                              

advocacy team, London Advice Services Alliance
Member since
16th Feb 2004

RE: income support
Mon 06-Nov-06 02:49 PM

My understanding is that if the client is an A8 national she needs to have been a registered worker for 12 months without a break of over thirty days before claiming benefit (doesn't sound like this is the case). After that she will be treated in the same way as any other EEA national.

If she's not an A8 national, she might have retained her worker status and, therefore, be exempt from the right to reside test and able to claim IS. It depends on the circumstances of her leaving her last job. Did she leave voluntarily or not? What has she been doing since? She will keep her worker status if she's temporarily
unalbe to work through sickness. Otherwise, if she left work voluntarily she would have to be pursuing studies related to her previous work. If she left involuntarily she could be pursuing any kind of vocational training and retain worker status. If not she'll have to claim JSA. This would keep her worker status intact and exempt her from the right to reside test. She won't be able to do this by being a workseeker claiming IS though.

If she hasn't retained her worker status she really doesn't have any choice but to claim JSA I don't think.

  

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