Have a cl and a tricky situation, as follows:
Cl came to UK in May 2004 from Portugal and is Portuguese and worked until Sept 2004 when she claimed IB-JSA, which she remained on until Feb 2006 when she claimed IS as was due to give birth. DWP initially paid for period April to July 2006 (not sure why no payment for Feb to April)
Cl then asked by HB for proof of income from Feb to Apr as no longer passported cl asks for IS to be backdated, which was refused then cl receives a decision from EU DM stating that does not have R2R from Feb 06. Cl appeals this and roughly a month later cl reclaims IS
Appeal for first IS claim heard and allowed on basis that DWP submissions inchoate as no papers relating to R2R or HRT but chair also notes in any event appeal allowed as appellant was entitled for similar reasons to my substantive holding in 242/06/03235, which was not an appeal that my cl was a party too so have no idea what the reasons for allowing that or indeed my cl's appeal was
Anyway 2nd claim and appeal limits the first and does seem that cl is a worker, work seeker or family member not entitled to rely on Baumbast etc so it is unclear, to me, on what basis the chair allowed the first appeal
Any ideas very, very welcome and thanks in advance
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