Terms & Conditions

[Anonymous]

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

[Kay_Tade]

[quote=c708337](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!)[/quote]

😀 that just made my afternoon……

From the details you have posted you are fine for the period he was refused JSA as he registered himself as unemployed and it seems, based on his previous employment history, he has a real chance to gain employment. For me, that ticks all the boxes for a right of residence under the treaty.

[Anonymous]

Haha glad I made you smile!

So I’m fine to pay him for the period while the JCP were considering his JSA claim. But just to confirm, do you think he’s also eligible for the periods:-

1. Between 27.01.11 (day he lost his job) and 08.02.11 (treat as made date for his JSA claim)?
2. Between 21.03.11 (date his JSA claim was refused)and 31.03.11 (date he was awarded JSA)?

[Kay_Tade]

Well he has been unemployed for less than 6 months, has been employed for over a year prior to that for the first period and the second period is a continuation. Also for the first part it was less than a week between losing the job and signing on. Even though JSA was not paid initially it’s still ok.

[Anonymous]

Okey-doke. Thanks for all your help!

Fiona

[Author]

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