A2 Accession State claimant

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    Any help/clarification would be appreciated…….

    I have a Romanian national (wife is from Phillipines and they have one young child) who has submitted a benefit application. He first arrived in the UK in July 2007. He was employed by a company on a “self employed” basis but was “let go” after a while. He then claimed and was awarded JSA. Since then he has started to work on a totally self employed basis.

    His work has reduced and he has re claimed JSA but has been refused as the JCP have deemed that he fails the Habitually Residency Test (he went back to Romania to see relatives from 11th to 28th January)

    He has produced tax returns so he must be registered for tax etc.

    I know that the A2’s don’t have the same rights as the A8’s but that is as far as I can get….

    Do I have to follow the JCP line with the HRT test or can I apply our own test independantly and bearing in mind that he is self employed and the rules surrounding that and the A2 Accession states, can I award HB/CTB?

    Thank you

    Neil Adamson

    I may be wrong but I doubt that his short break back to Romania is responsible for him failing the HRT.

    If the DWP were satisfied that your client is a “worker” then he would be exempt from the habitual residence rules. I suspect therefore they do not accept that he is “genuinely plying a trade” and as such he would need to be self sufficient.

    Having said that we are seeing some odd decisions by the DWP.

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