Right to reside

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    I have a benefit claimant who is an EEA national and has been living in ther UK less than two years. He has never worked in the UK but he states he is actively seeking work.The claimant is not entitled to JSA(IB) because the DWP have decided that he is not habitually resident. I am satisfied that the claimant is not self-sufficient.

    I am trying to decide whether the claimant is a ‘qualified person’ under HB Reg 10 and has a right to reside. SI 2006/1003 states that a jobseeker does satisfy the criteria for ‘Qualifying Person’ provided the person can provide evidence that he is seeking employment and has a genuine chance of gaining employment. However, as I understand it a jobseeker only has a right to reside if they receive JSA(IB), or possibly, if they are self-sufficient. The trouble is I cannot find the legislation that applies in this case. Is anyone able to help me?

    Also, if I do decide that the claimant has a Right to Reside I presume I would then have to apply the ‘old’ HRT rules. Am I correct?



    You’ll only find guidance in the form of circular A22/2004.

    There is a brand new commissioners decision covering right to reside (ch/1400/2006 – available on the commissioners’ site) but I haven’t had a chance to read this fully yet.


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