Terms & Conditions

[Anonymous]

We have a Polish customer who worked from 2006 to 2008, but failed to register. She then changed employers in Dec 2008, and her new employers registered for her, but they went bust in Aug 2009, and she claimed, and was awarded JSA(C).

She has now started working again, from April 2010, but hasn’t applied for a WR certificate for her new employer, and she states that she was told that she doesn’t need one, although not sure who told her this.

My question is, does she automatically have the right to reside through previously being awarded JSA(C), or am i right in saying that this is a non-qualifying right to reside, and therefore does not count?

Furthermore, is she now not entitled to claim HB until she receives her WRC for her new employer?

Any help is appreciated, as my brain is turning to mush!!

[Anonymous]

First impression: her work from Dec 2008 – Aug 2009 was registered and legal, she probably retained worker status while on JSA but from April 2010 she is working illegally and has no worker status, retained or otherwise. She definitely needs to register her current job as soon as possible.

[Anonymous]

Thanks for your help Michael.

[stevedaymond]

An A8 can not retain worker status until they have completed a years registered work so unfortunately for your customer they lost the worker status in August and can only get it back if they register the new employment.

[Anonymous]

Unless (possibly) she had a child who was in education in this country during the period when she was in registered work and who is still in education as she may get parasitic rights from the child.

[Author]

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