Eligibility for a Polish student

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  • #39127
    Anonymous
    Guest

    Please can someone give me some advice? I have a claim for a student who is Polish, and she works part time. she is in the eligible group for students as she is a lone parent. She was in receipt of IS during the summer break and is now returning to her course and claiming HB as a student. My main point is that I’m not sure what to check to determine her eligibility. She has been in the UK since 2006 and was a student in 2010/11. I’m stuck!

    Thanks

    #110972
    d-stainsby
    Participant

    Surely she now has a permanent right to reside and so its just an eligible student claim like any other

    #111002
    stevedaymond
    Participant

    The permanent residence bit will take a lot of looking into to check if the claimant has been satistying a qaulifying right to reside for a continuous 5 year period. From what you have said she is currently a worker so is eligible based on this alone and there is no need to look for the permanent right of residence unless her employment ends.

    #111020
    Anonymous
    Inactive

    Is the work “effective and genuine”?

    Although not the only factor to consider, if she’s doing less than 10 hrs work a week i would be hesitant to class her as a worker. Other factors on “effective and genuine” can be found if you do a search of the forums.

    If not a “worker”, it can become A LOT trickier!!!

    #111021
    Anonymous
    Guest

    Thanks everyone for your post, but I’m still not sure what to do. She works 16 hours per week but my main concern is that I can not treat her both as student AND as a worker. I dont know when she arrived exactly apart from some point in 2006. Not sure what proof to ask her to provide in order to determine her eligibility.

    Thanks

    #111022
    stevedaymond
    Participant

    As she is working 16 hours she will be eligible. You only need to find one route into entitlement so the worker status is enough without the student bit.

    #111028
    nickkeogh
    Participant

    [quote=Lisa_Rennie]She works 16 hours per week but my main concern is that I can not treat her both as student AND as a worker. [/quote]

    Lisa, it would be simpler not to think that you have to treat her as one or the other, she can quite easily be both (and many students are). If you undertake a course of study that qualifies for full-time study then you are a full-time student and work evenings and weekends then you are a worker as well. They’re not mutually exclusive.

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