A8 national – retained workers status?

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    Polish Clmt came to UK pre 01.05.04 (date unknown).

    On 14.02.04 he was granted 12months leave to remain in the UK as a S/E person. He continued to be S/E until March 06 when he became an employee for the same company he had been contracted to work for.

    Clmt was off work sick since 12.10.06 with a med cert but didnt receive any SSP and was then dismissed on 07.12.06. Clmt has now taken the firm to an employment tribunal and has applied for Incap Ben.

    The question is, does clmt still have the right to reside for HB purposes? He was not registered as a worker with the Home office as he stated he didnt need to be?

    Would he come under workers who are not required to register transitional rules for people in certain employment situations on 01.05.04?

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