Repeat claims for IS when R2R is an issue

Client is an A8 national who tried to claim IS as a lone parent (court gave him custody of pre school age child when mother was not able to continue caring). He claimed IS as a lone parent but was turned down on R2R. He appealed and lost the appeal.

At that point I became involved and asked for a set aside on procedural reasons. HMC&TS; have refused to set aside and we have written for an SoR but I think this is clutching at straws.

Looking at the appeal papers it seems to me that the gent actually has a permanent R2R because he has worked legally in the UK for more than five years but there was no actual evidence of that.

Logic tells me that if we got evidence from his former employers that he was lawfully working in GB for a continuous five year period and he used this when making a fresh claim for IS then he has another chance at getting IS but the more I have thought about it the less certain I have got.

I imagine that any entitlement from the first claim was disposed of by the Tribunal decision but does this preclude a new claim and a even review of the first decision as awarding IS on the second claim would amount to admitting that the first decision was made in ignorance of a material fact.

As always I would be grateful for amny thoughts or observations

Hi Pete,

I would agree in getting in a new claim in and providing the evidence of 5 years work asap. 

If facts prove 5 years worker status it’s worth asking the DWP to confirm permanent rtr (with a precise date) and then do as you suggest and try and challenge the earlier decision.  A decent DM will change and accept DWP error.  If not a letter before action threatening of public law proceedings usually does the trick.

Whilst doing that it may be worthwhile trying to get the SOR and appealing to the Upper Tribunal on grounds that the tribunal failed to make detailed enquiries regarding his work - hopefully by this time you will have all the relevant documentation to prove 5 yrs lawful residence. 

If client has a rental/council tax liability, worth lodging claims for HB and CTB and seeing if the Local Authority make a decision on permanent right to reside. 

Keep us all posted please

M