EEA 16 on Maternity Allowance- Eviction pending

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  • #35491
    dominicana
    Participant

    Hello,

    I would be grateful for any advice on the following subject. We seem to have an influx of PFA queries of late, and I am suffering from PFA saturation!

    The case is the claimant is a Dutch national who has been in the UK since 1/11/07. CAB have advised that the clt has been working since arrival.
    The claimant’s partner is from Sierra Leone and has been in the UK since 1/1/08 and has been in employment since May 2009.

    The claimant’s current income is Maternity Allowance, Child Benefit and Working and Child Tax Credits.

    We made the decision not to award HB/CTB on the following grounds- because you are a national of an EEA state and you are not:

    1. Economically active (self-employed, a worker or treated as a worker);

    2. A work seeker who is entitled to income-based jobseekers allowance;

    3. A person who has acquired a permanent right of residence in the United Kingdom; or Self-sufficient and not a burden on public funds. (In order to be considered self-sufficient you need to have comprehensive medical insurance).

    CAB are seeking a revision of this decision. The points which they have raised are being looked at by our Policy Team. I think it is the CAB letter which has thrown me.

    Was the original decision made incorrect?

    Thanks

    #99486
    Kay_Tade
    Participant

    [quote:92ab22ffa6=”dominicana”]The claimant’s current income is Maternity Allowance, Child Benefit and Working and Child Tax Credits.

    We made the decision not to award HB/CTB on the following grounds- because you are a national of an EEA state and you are not:

    1. Economically active (self-employed, a worker or treated as a worker);
    [/quote:92ab22ffa6]

    I would say the claimant still retains worker status. Have a look at this CD.

    http://www.osscsc.gov.uk/judgmentfiles/j2526/CIS%204237%202007-00.doc

    #99487
    dominicana
    Participant

    Hello,

    Thank you for looking at my query. I will follow up the CD info.

    Thanks again

    Nicola

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