a8 national jsa conts

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  • #35498
    jrout
    Participant

    Hi

    We are divided in the office over paying claims when an A8/EEA 16 National is awarded jsa conts.

    Are we correct in thinking that if they have worked 12 months registered employment and are then involuntarily unemployed, they claim and are awarded jsa conts that they are entitled to HB/CTB or do they have to be self sufficient with comprehensive medical cover etc.

    or is that self sufficiency only comes into play if they have less than 12 months registered employment.

    Also if they say they have no comprehensive medical insurance but provide an NHS card is this ok.

    any help would be appreciated as jsa conts always confuses us for some reason.

    thanks
    jacki

    #99496
    Anonymous
    Guest

    Its all about retaining their worker status. In the circumstances you described I would have no problem awarding HB/CTB.

    #99497
    jrout
    Participant

    Hi Michael

    Sorry to be a bit thick, but we are now making more and more decisions based on conts and we want to be sure we are doing them correctly, we are aware its about Worker Status but we have some where are decisions are now being challenged and we just wanted clarification that our original decisions are correct.

    So let me get this straight in my mind. So if they have worked 12 months on WRS and are awarded jsa conts and are involuntarily unemployed they can have hb/ctb without having to be self sufficient or have comprehensive medical insurance.

    If they have worked less than 12 months continously on the WRS (may have paid contributions without being registered) but are awarded jsa conts they have to be self sufficient and have comprehensive medical insurance.

    Is that right?

    thanks
    Jacki

    #99498
    Anonymous
    Guest

    If we are talking specifically about A8 nationals, that is right. This is because the right to reside in another member state under Article 39 of the EC Treaty for an A8 national is subject to whatever restrictions each member state chooses to impose during the five-year accession period. There was an otion to extend the accession period by a further two years, which the UK has taken up. So the restrictions still apply.

    Article 39 covers the right to reside as a work seeker, a worker in work, and, subject to some conditions, a former worker no longer working. In the UK, we have decided that A8 nationals only have the right to reside under Article 39 as a worker actually in legal work; but once a worker has worked legally for 12 months, s/he is no longer subject to restrictions and has the same Article 39 rights as any EEA national, including the right to reside after having worked as long as s/he is signing on and trying to find another job. This right of residence does not carry any conditions as to self-sufficiency and medical insurance.

    But an A8 worker who loses his/her job within the first 12 months immediately has no right to reside under Article 39 and can only rely on other rights of residence under other Articles of the Treaty. One of those is the right to reside as a self-sufficient person, but that is generally incompatible with long term and/or substantial reliance on means-tested benefits.

    For EEA18 nationals, the 12 month thing doesn’t come into it: they have the right to reside under Article 39 as a work seeker, then as a worker, and then as an ex-worker provided they satisfy the conditions about signing on and looking for work etc.

    #53900
    jrout
    Participant

    thanks Peter

    You have confirmed what we were doing is right (thank goodness) but you have made it so much clearer.

    regards
    Jacki

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