Terms & Conditions

[Micbaks]

Help required!

We have an A8 National who has been in the country since September 2001, has worked continuously for 3 years, has been ill for 6 months. Her SSP expired 18/11/06 and has made a claim for I/S &/or IB.

Still ill, (cancer). Hence economically inactive till … Is she entitled to HB from 20.11.06 onwards?

Problem is, we appear to have conflicting legislation to work with, one seems to be saying ‘award HB’ whilst the other one seems to say ‘no’.

Juxtapose EC Regulation 1612/68 OR, EC/directive 2004/38 (Article 7) with EC Regulation 1408/71

Can I also ask for another favour, has anyone got a link to EC Regulation 1408/71 and 1612/68? Why is it so difficult to sieve out HB related EC directives from the OPSI website?

[Anonymous]

If your claimant can be considered as [i:0a3ad7b2fb]temporarily[/i:0a3ad7b2fb] unemployed due to illness, I think you are okay to use Directive 2004/38/EEC.

They should retain their worker status as long as they are still ill and unable to work.

However, this is just my opinion, and I could well be wrong.

[Anonymous]

She may also be covered by Article 17 of Directive 2004/38/EC – an ex-worker who has ceased activity by virtue of permanent incapacity. This would make her fully exempt from the HR test by virtue of HB Reg 10(3B)(e).

Even though she is an A8 national, it sounds as if she has served her time on the registration scheme so she can acquire permanent residence under Article 17 as I understand it.

[Micbaks]

Thank you for the help!

[Author]

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