Hi,
I have an appeal from a Slovakian national. He was in registered work continuously for one employer from 16.07.09 – 27.01.11, so is now classed as an EEA16. His job ended as he was sacked due to gross misconduct. He applied for JSA on 08.02.11, but this claim was refused on 21.03.11 as he failed HRT. However he then re-applied for JSA on 31.03.11 and this time was awarded JSA(IB). (I don’t know what the difference was between his first claim and his second, and no-one at the DWP can tell me, apart from someone at Wick, who apparently I’m not allowed to speak to!) He started work on 20.04.11.
So I’m considering whether I can award HB between 31.01.11 and 03.04.11. The claimant has provided me with his JSA agreement, where he has listed all of the different jobs he applied for from 08.02.11 until he became employed. I don’t know for definite that he signed on, but there is no mention on CIS that he failed to. So assuming that he did sign on between his claim on 08.02.11 and the decision on 21.03.11, does that mean that even though he wasn’t ultimately awarded JSA from 08.02.11, he still retained his worker status during this period? If so, does his right to reside just end on 21.03.11? Also is there a problem between 27.01.11, when his job ended, and 08.02.11, when he applied for JSA?
The claimant has a 4 year old daughter who attends nursery, so Ibrahim/Teixeira unfortunately don’t apply.
All help gratfully received!
Thanks,
Fiona