Circular A10 2011 End of Workers Registration Scheme

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  • #37913
    Anonymous
    Guest

    I have just received this circular

    End of the Worker Registration Scheme
    1 Since 1 May 2004 nationals from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia (A8 nationals) have, subject to certain exemptions, been required to register their employment with the Home Office’s Worker Registration Scheme (WRS) in order to be treated as workers. If subject to the scheme they could only claim HB/CTB when in registered employment. Once they had completed 12 months’ registered employment they were no longer subject to the scheme. Self-employed A8 nationals were not subject to the restrictions.
    2 The WRS ended on 30 April 2011. This means that from 1 May 2011, A8 nationals
    • are no longer required to register their employment to be treated as workers, and
    • can claim HB/CTB as jobseekers (provided they have claimed income based Jobseeker’s Allowance (JSA(IB))
    3 After 1 May 2011 A8 nationals will be able to retain their worker status in the usual way, for example because they are temporarily unable to work due to an illness or accident. Special transitional rules apply to those still subject to the scheme as at 30 April 2011.
    4 A8 nationals who arrive in the UK on or after 1 May 2011 can apply for JSA(IB), and therefore HB/CTB, if they are here to seek work but must satisfy the second part of the habitual residence test, i.e. show that they are habitually resident in the UK.
    5 The Worker Authorisation Scheme for nationals from Bulgaria and Romania (A2 nationals) remains in place after 30 April 2011.

    Does this mean we can only pay the ones who are in receipt of JSA IB if they are not then it means they have failed the second part of the HRT. or do we have to carry out our own test and if we are satisfied can we then pay HB/CTB.

    #106677
    Anonymous
    Guest

    The reference in para 5 to the second part of the HRT is to claims for JSA(ib). The Circular is saying that A8 work seekers are in the same position as other European work seekers. That position is:

    – work seekers are excluded from nearly all means tested benefits including HB and CTB
    – but they can get JSA(ib), provided they satisfy the second part of the HRT (actually habitually resident)
    – if a work seeker is awarded JSA(ib) in that way, s/he is then “passported” onto HB/CTB as well – the passport benefit “trumps” the fact that s/he is a work seeker.

    #106678
    Anonymous
    Guest

    Hi, I wonder if anyone could clarify this for me.

    Part 3 of the circular states

    “Special transitional rules apply to those still subject to the scheme as at 30 April 2011”

    what are these transitional arrangements? Does it mean that those who started work prior to 30th April 2011 who have not yet completed 12 months on WRS are still subject to WRS until they complete the 12 months?

    I have read “The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011” which I assume is the regulation the circular is referring to, and Part 3(2) states
    “Subject to paragraph 3, regulation 8 of the 2004 Regulations shall continue to have effect until 30th April 2012”

    Reg 8 of the 2004 regulation is the part about the requirement to register.

    So are A8’s meant to still be registered until 2012 if the job started before 30 Aril 2011?

    I have been reading these regulations all day and keep confusing myself so could have got the wrong end of the stick completely. Any help welcome! :~

    #106679
    Anonymous
    Guest

    thanks Peter

    see previous thread https://hbinfo.org/forums/topics/appeal-because-regs-have-changed
    for transitional rules.

    regards

    #106680
    Anonymous
    Guest

    Reg 8 is about issuing certificates – it has been left in place for a year to allow time to clear all the outstanding applications that were pending on 1 May. It probably won’t take a year, but it’s erring on the safe side. The reason why these certificates still have to be issued is so that the worker’s pre-May 2011 employment history will be legal and valid if they ever need to rely on it in the future to establish a permanent right of residence.

    #106690
    Anonymous
    Guest

    Thanks both, I never understand what the regulations are on about!

    #106700
    anthony
    Participant

    Hope this doesn’t seem a silly question, but what if an EU citizen arrives in the UK to stay, but not as a jobseeker? Perhaps as a friend or family member of a worker?
    If they don’t claim JSA, what then excludes them from HB/CTB?

    #106703
    Kay_Tade
    Participant

    [quote=anthony]but not as a jobseeker[/quote] That exludes them. 🙂

    Unless they are a family member of a “qualified” person. 😉

    #106705
    anthony
    Participant

    That just asks my question again I am afraid. Is the exclusion stated in the HB/CTB regs or somwhere else?

    #106708
    Kay_Tade
    Participant

    Sorry, just wanted to give a short answer as usual.

    Like I said the fact they are not exercising traty rights, UK regs EU regs state the same, they have no right to reside. BUT if they come in as a family member of a work seeker, worker, whatever[As long as that family member is exercising treaty rights] they would have R2R based on that persons circumstances.

    Edited : Or do I miss your point?? It’s been known. 🙂

    #106719
    Dawnr
    Participant

    Hello,

    to understand this circular, does this mean that from 01/05/2011, an A8 national no longer has to register employment under the WRS but that they still have to be employed for 12 months or be classed as a work seeker to be eligible to claim HB/CTB or are they now treated as A16 nationals from the start?

    #106732
    stevedaymond
    Participant

    From 01.05.2011 the WRS no longer exists so for any claims post this you do not need to check the docs unless they are relying on registered employment from before this date to gain eligibility i.e. retained worker status, Ibrahim / Teixiera etc. So new arrivals are treated in the same way as any primary european and do not need to be employed for 12 months before worker status can be retained. You must remember though that work seeking is a non-qualifying right to reside unless worker status is retained, or JSA(IB) is in payment.

    #106736
    Dawnr
    Participant

    smashing, that helps a great deal more than A10 does.

    #107180
    jan_ca
    Participant

    With regard to the new regulations can anyone please advise regarding the following situation:-

    A Lithuanian man has been living in this country and working as self employed since 2003.

    He has married a Russian lady in 2009 and they have a baby.

    He lost his job March this year. He stopped his self employment a few years ago and has been working since 2005 in full time employment.

    He has applied for JSAIB on 7.4.11 but it has been refused, in a decision letter dated 19.5.11, as he has failed his RTR- they say he has not shown he has worked for a full 12 months, registered with the WRS.

    Since 1.5.11 he does not have to have a certificate, so would he be able to make a new claim for HB/CTB from then at least, or do we have to wait until his decision re RTR is reviewed?

    #107181
    Anonymous
    Guest

    His problem is that he was already out of work before 1 May and did not retain worker status because he (apparently) had not worked legally since switching from self-employment to employment. Things are slihtly better for him from 1 May – he can now claim JSA(ib) as a work seeker, but if he doesn’t get JSA(ib) he will be excluded from HB/CTB in his capacity as a work seeker. Because he has never established himself legally in the job market, he is still regarded as a work seeker trying to enter the job market. If he had worked legally, he would be able to retain worker status while unemployed, which is a better position to be in. But that doesn’t seem to be the case.

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