A8 – does worker status apply?

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  • #38532
    clongden
    Participant

    The customer has been here since 2008 and his date of claim will be 24 May 2011 – therefore no need for Worker Registration Certificate.( He has previously completed 12 months registered work. )
    Tbe customer has been awarded jobseekers allowance and qualifies for income based and contribution based,therefore we will treat as in receipt of contribution based.He has not worked since November 2010 up to his award of JSC CB on 24 May 2011.
    Is it correct that the customer can not claim HB/CTCB as he can not be treated as a worker as he has been unemployed for more that 6 months.

    Thank you Christine

    #108704
    Kay_Tade
    Participant

    There are previous posts on this scenario. He will, at least need, to have registered with the JC+ as unemployed(Or made some sort of contact) or from Nov to May to have any chance of retaining the worker status.

    See Art 7(3) of DIRECTIVE 2004/38/EC
    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF

    AND

    Reg 6(2) (European Economic Area) Regulations 2006

    http://www.legislation.gov.uk/uksi/2006/1003/regulation/6/made

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