EEA – JSA (conts) – non qualifying right to reside?

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  • #38175
    allison.honeyman
    Participant

    Hi PFA people

    I have a case here where the customer has been awarded JSA (conts) from 12.1.2011( it was awarded recently and backdated). Prior to this he had a various employments but not all of them were registered and others he registered but very late – as such he never gained 12 months continuous employment under the WRS for the period prior to 1st May.

    He did not meet any of the criteria required to be entitled for HB/CTB prior to 1 May ( i.e not self sufficient etc), however I had asked him to apply for Job seekers on 1 May and this has been awarded and backdated to 12.1.2011 based on conts. I thought he would have received JSA(IB)!

    Am I right in having to consider that he has to have retained his worker status in order to obtain HB/CTB?

    If so I am struggling here as he has been unemployed for over six months (he did work in Nov/Dec 2010 but did not register this employment, so I can’t count this as authorised work – I think?) and also had not been working for at least a year before becoming unemployed, again because he had not registered some of his employment. His employment history is very sporadic.

    If I am reading things correctly it seems he might not have a qualifying right to reside for HB/CTB until he received JSA (IB) – but would like someone else’s view on this.

    He has not embarked on any vocational training.

    There are no children in education.

    #107577
    Kay_Tade
    Participant

    If he has claimed after or can be treated as claiming from 01/05/11 then the WRS history is irrelevant. He now has a right to be treated as any other EEA citizen.

    From what you have described he can’t retain worker status so the only chance if he falls into the category of “job seekers” that qualify for HB/CTB. His history, illegal work or not, as the case may be, means he has shown he has a genuine chance of being engaged in employment and he has registered the fact with JCP. So ticks all the boxes.

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