A8 National – Please help!

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    We have a claim from a single parent that was rec’d in Nov 2007. She has been resident at the property since June 2005 but due to her ex-partner moving out in November she has made a claim for HB/CTB.

    Prior to November her partner was working and therefore benefit was not necessary. However, she is now unable to meet the rental payment.

    She is from Lithuania and came to the UK in July 2000. She was a student from 2000 to 2001. From 2001 to 2002 she was self employed. From 2002 to 2004 she worked as a dental nurse and left to have a child.

    At the time her claim was made her only income was tax credits. Her I.S claim has been refused, as she failed the HRT. We have asked a few questions for our own HRT test, which ascertains that she wishes to remain in the UK permamently. Does not have medical insurance. Has previously worked and is registered with a GP. However, she also states that from the 2 January 2008 she is now self employed.

    Under the regs she would be exempt from HRT as a self employed A8. However, at the time the claim was made she was not and I am not really sure what needs to be done now and whether she would be entitled from November 2007.

    Please help! We do not receive many PFA claims in this borough so we are not very experienced when dealing with these.

    Many Thanks[/b]


    As she was not in employment when the application was received she would be classed as an Economically Inactive EEA national. Therefore she would need to have comprehensive medical insurance and be self-sufficient and based on your post this was not the case so would have a non-qualifying right to reside for our purposes and fail the HRT. As is the case with Income Support.

    As she was here prior to the A8’s joining the EU she may have some form of refugee status that makes her exempt from the HRT but unlikely. This would be in her passport if this doc has been sighted.

    There is a slight possibility that she could have worker status as the spouse of an EEA worker based on her (ex)partners circumstances if they are not divorced, but for this you would need evidence that A. He is working and B. If an A8 that he is working legally having registered on the WRS. So would be near impossible to obtain the required documentation.

    Unfortunately it appears your claimant is ineligible from November and the application received will be an advance claim for January providing you have evidence she is genuinely self-employed.

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