A8 nationals – maternity leave

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    Can anyone help?

    Claimant has worked in same job since November 2005 and has now gone on maternity leave. She is receiving Statutory Maternity Pay from her employer.

    Her partners last period of employment was 22 May 2006 – 21 July 2006. He has now started working again on 30 November 2006, but we have not got a copy of his registration certificate.

    Can we class the claimant as being treated as an EEA (16) worker as they have been working for more than 1 year, even though they are currently on maternity leave? Or should we ask the partner to claim as an A8 worker now that he is in work?




    This is my understanding of the rules relating to this situation…

    As long as your claimant has been working, and been on the Worker Registration Scheme, for 12 months, you can now effectively treat her as an EEA16 national.

    Her partner’s status isn’t that important, as he is a ‘family member’, and therefore shares the same right to benefit as the claimant.

    Now your claimant has stopped work, you will have to decide if she is going to be an ‘unreasonable burden’ to the state’s benefit system. To do this I would probably base my decision on her intentions to find work after the baby is born.

    For example, if she intends to, and is likely to, find work shortly after the baby is born, I’d say she would not be a burden. If she does not intend to look for work until her child is grown up, I’d say she is a burden.

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