The Law Centre (NI) has represented a Latvian man in a successful appeal to the Social Security Commissioner on whether he had a right to reside in Northern Ireland.
The man worked in Northern Ireland for two years but was subsequently made redundant. Although he had registered his employment, there was a lapse in employment of 30 days and he was required to register again for a twelve month timeframe. When he tried to claim job-seekers allowance after being made redundant, his application was refused on the grounds that he did not have a right to reside. His daughter was attending secondary school in Northern Ireland and was subsequently taken into care mainly because her parents were without a home and had no source of income.
The fact of his daughter's school attendance in Northern Ireland was the deciding factor in the successful appeal. The man's job-seekers allowance for the intervening period when his daughter was taken into care together with housing benefit was backdated. The Law Centre (NI) also assisted the claimant with housing debt and eviction legal costs that were incurred when he was not paid the benefit.
Patricia Carthy, Solicitor at Law Centre (NI) said "the Right to Reside rule had devastating consequences for this man and his family. Advisers need to keep testing the boundaries of Right to Reside through the appeals system. Appeals can take a long time to resolve, but this man was delighted that his rights as an EU citizen were eventually recognised and arrears of benefit were eventually paid."
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