PFA on JSA(C)

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  • #34981
    markp
    Participant

    Not as straightforward as it seems – the JSA (C) is a migrated payment from Belgium!

    Claimant is a Rwandan who now has Belgian nationality. Her children were already in UK at various schools and in rented accom(?).

    Does the award of Belgian JSA (C) avoid the HRT/RTR in the first instance. The assessment team have refused the claim and I have this on appeal. I am not convinced that the refusal is right and the CPAG handbook does seem to reinforce this. However the team leader is sticking to his guns and says the refusal of the claim is right. I have asked that they recheck the decision but I am not hopeful that they will rescind.

    All views welcomed.

    Do I know what I'm doing? The jury's out on that........................

    #98362
    Anonymous
    Guest

    I think the team leader is probably right.

    The claimant can export contributory benefits earned in another member state for a limited period. In other circumstances that might raise the question whether the exported Belgian benefit should be regarded as analogous to the equivalent UK benefit and thereby trigger any passported entitlements that would go with the UK benefit.

    Doesn’t matter here though, because JSA(C) doesn’t carry any passporting effect in HB.

    The claimant is a Belgian jobseeker whose right to reside does not satisfy HB Reg 10. There is a “backdoor” route for EEA18 jobseekers to get HB – they are able to claim JSA(ib), and a person on JSA(ib) does not have to worry about the habitual residence test. But this claimant is neither on JSA(ib) nor an analogous Belgian benefit, so I believe the decision is correct. HB Reg 10(3A) says his R2R is not good enough.

    #98363
    markp
    Participant

    Thanks Peter – I think I might have overlooked the passported bit.

    Do I know what I'm doing? The jury's out on that........................

    #98364
    Anonymous
    Guest

    I have an appeal from an Austrian National due to be heard on 2 January (not exactly my ideal way of starting off the New Year); he had arrived in the UK in August 2006 and received contribution-based JSA for three months before starting work. We refused the claim for those first three months because he did not have right to reside. The chairman has made directions that we establish on what basis he was receiving JSA (contributions were migrated from Austria) and that the appellant provide details of his work histroy in Austria. I think there may be an argument that the appellant carried over his worker status from Austria. Really not looking forward to the hearing! I will let you know how it goes.

    If anyone knows whether worker status can be carried over like this, please let me know!

    #98365
    Anonymous
    Guest

    Well, just got back from my tribunal. This is not binding on anything but it may be of interest. The chairman’s decision was that the appellant did not have a right to reside in the UK while he was receiving contribution-based JSA, he only attained that right when he became a worker. The chairman said in his decision: “I have noted the award of JSA, which I do not for one moment question, but it is a contribution based award which turns on contributions made in another EU country. The preconditions of that successful claim cannot affect acquisition of right to reside in the UK under different regulations which look to entitlement to means tested benefits”.

    #98366
    David
    Participant

    Can I resurrect this thread?

    We have an Austrian who has arrived in this country with his family. He was in receipt of Austrian JSA(C). Within 2 weeks he found work, although this first job only lasted a week. He is now working in regular employment; this job started a month after this first one finished.
    He has claimed HB for the period he was not working.

    Has he a right to reside as a qualified person under reg 6 of the Immigration (EEA) Regs 2006? I think he probably does as a jobseeker ie he can provide evidence that he is seeking employment and has a genuine chance of being engaged. This would satisfy the right to reside under Reg 10.

    If he has a right to reside, the HRT would then need to be applied. He has demonstrated that within two weeks of arrival his children are in school, he has a bank account here and has registered his family with the local doctor.
    As far as we can establish, he seems to have severed links with Austria and is intent on settling here.

    I’m inclined to think that given the specific circumstances of this case, we can pay HB shortly after his arrival because he is hab res after just a few weeks & does have the right to reside.

    Any thoughts would be much appreciated.

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