Bulgarian on JSA C

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  • #35479
    rds01
    Participant

    Scenario: Bulgarian man came on 12.9.04, worked until 23.1.09, then lost job. He fopund another job but lost this on 12.6.09, now getting JSA C. Can he get HB? Thanks in advance.

    #99461
    Kay_Tade
    Participant

    Has the person who has completed 12 months’ continuous authorised work?

    #99462
    rds01
    Participant

    He worked between 4.10.04 and 23.1.09 without a break. We have no record of workers registration but letters from employers.

    #99463
    Kay_Tade
    Participant

    You will need to confirm authorised employment for 12 months otherwise you can’t determine R2R. Unless he has R2R under another guise, eg ILR, ELR permanent residency etc….

    #99464
    rds01
    Participant

    If he is unable to provide his workers reg, can he claim HB from 12.9.09 as he will have lived here for 5 years? Thanks again for your help.

    #99465
    Kay_Tade
    Participant

    You will still need to determine that he has been in the Uk legally for 5 years as a qualified person for permanent residency. So as it stand,s no entitlement to HB based on what you have posted but I suspect the DWP have checked R2R and this would have involved WRS. You may want to check notes on CIS.

    #99466
    stevedaymond
    Participant

    As he has been assessed for JSA(C) at the DWP they would not have done a PFA check on the customer as this is for JSA(IB) only. If his employment turns out to be illegal this cant count towards his 5 years as a qualified person. Depending on their status prior to Bulgaria joining they may not be able to rely on the 5 year ruling until 2012 as the only joined in 2007 as per R(IS) 3/08 – CIS/1794/2007.

    As Chacha has mentioned you will need to see the Workers Authorisation docs if he needed them. As he has been here prior to them joinig the EU he may be exempt due to one of 2(2), 2(3) or 2(4) of The Accession (Immigration and Worker Authorisation) Regulations 2006.

    #99467
    rds01
    Participant

    Thank you all for your help.

    #99468
    rds01
    Participant

    Further to my recent questions, we have just been advised by Jobseekers that he has no recourse to public funds. Does this mean he is not eligible to HB? Thanks again.

    #99469
    stevedaymond
    Participant

    Not any more.

    The no recourse topic relates to the immigration status test due to Section 115(9)(b) of the Immigration and Asylum Act 1999 so prior to 2007 when the immigration status test would have been needed for Bulgarian’s.

    However, they now need to satisfy the R2R and HRT test. You will need to see the passport for the reasons mentioned previously relating to their status regarding employment on 01.01.2007.

    #99470
    rds01
    Participant

    Claimant states that the Home Office have lost his passport and he can’t find a Workers Registration/Authorisation scheme letter. We do have a letter from former employer stating he started work with them in 2005 and he has confirmed he worked with them until 2007. Since then has has worked for another company. Any ideas? Many thanks once again.

    #99471
    stevedaymond
    Participant

    If you are registered with them contact the Local Authority department at the Home Office who will advise you (in 28 days!). If you are not registered with them it will be worth doing.

    If not its looking like a non-qualifier.

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