Office closure - 5pm Thursday 28 March - 2 April 2024

Please note that we will be closed from 5pm Thursday 28 March until Tuesday 2 April 2024 for the Easter break. You can still request a review via our online form but we will not be able to respond until we reopen. Wishing you a happy Easter!

Case study

  • Date:
    February 2018
  • Category:
    Entitlement to SWF for people from abroad

Example

Mr C applied for a crisis grant as his Job Seekers Allowance claim had been stopped. The applicant was an EEA citizen and had received a letter from the DWP stating that as he had not demonstrated that he had a genuine prospect of work could no longer claim the right to reside in the UK as a worker, retained worker or jobseeker, and as such has no access to benefits.

The council noted that the applicant had already received the usual maximum of three crisis grant awards in a 12 month period. They considered that the applicant did not meet the exceptional circumstances criteria necessary for a fourth award to be made. The council upheld their original decision following Mr C’s first tier review request.

Mr C applied for an independent review of the council’s decision. We recognised that he was facing a very difficult financial situation and had no source of benefits income. We considered the Scottish Welfare Fund Guidance (s7.21-7.23) relating to “exceptional circumstances”. The applicant had previous been awarded a crisis grant when his JSA claim had been delayed due to issues with his immigration status, and had also been awarded living expenses when awaiting the outcome of an ESA mandatory reconsideration. Although neither situation was identical to the applicant’s current circumstances, we assessed that they were sufficiently similar to prevent us from considering that this application as exceptional. We therefore assessed that the applicant did not meet the eligibility criteria and did not instruct the council to make an award. We provided feedback to the council that they did not explain the exceptional circumstances criteria in their letters, stating only that three awards is the maximum number of awards that can be received.

Updated: July 17, 2019