We have a claimant and her partner who are Hungarian. They came into the country November 2009. They both lost their jobs on 24/12/10 and made a claim for JSA.
JSA IB has been awarded from 05/01/11 to 22/02/11 then 09/03/11 to 29/03/11 but JCP still haven’t assessed the gaps. The CAB are now involved and the claimant has made a complaint to us.
The family won their appeal based on their right to reside and can be treated as habitually resident in the UK because of the partner – Her husband left the marital home on 5 May 2011 and DWP have already advised they would revise the claim again from that date.
My question is:
1) should we assess the JSA IB periods only and not pay for the non JSA IB periods but deal with them once we hear from the JCP.
Thanks
.