A8 National

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • #22104
    Anonymous
    Guest

    We have a Polish lady who is in the country as part of the worker registration scheme. She worked for 6 months and has now had a baby. She has claimed Maternity allowance as she does not qualify for SMP. She has every intention of returning to work when the baby is due.
    There is dispute here about her eligability to claim.
    I would argue that she is still classed as lawfully working as per DWP guidance that you are treated as covered by association agreements if you have given upwork due to pregnancy. As she is on maternity leave surly she is still employed.
    However a collegue is quoting EC regulation 1408/71(p676 of the CPAG handbook). She states that as HB is not on the list of benefits designed to protect against risk then she cannot claim.
    Any ideas!

    #6721
    Anonymous
    Guest

    I agree that she is still a registered worker as long as she’s claiming (and getting) maternity allowance, and therefore still has the ‘Right to Reside’. She can therefore still get HB/CTB.
    If she loses her job, doesn’t go back, or whatever, she will lose her right to reside, and you will have to consider if she is likely to be a burden on public funds before awarding any further benefit.

Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.