Thinking aloud for a minute...

IS claimant, only poss r2r is via jobseeker which the consensus says isn't possible, although I'll be trying Martin Williams' ideas out at the hearing.

The r2r as a workseeker comes from Collins, which decided that JSA was effectively there to facilitate a move toward employment, therefore any discrimination fell foul of article 39(2) EC as "it is no longer possible to to exlude from the scope of article {39(2)} a benefit intended to facilitate access to employment"...

In these days of WFI's for most lone parents might IS also fall foul of this? This would mean arguing that "jobseeker" in the regs is a searate entity from "jobseeker" for JSA purposes and that mr Comm'r Rowland's reasoning in 3315/2006 still stands. I'd go further to say that where 94% of lone parent claimants are female (according to DWP figures) there's a possible art 14 infringement.

Hearing's tomorrow so any thoughts would be appreciated.