Terms & Conditions

[pdeans]

We have a customer who is Polish, he came to work here in September 2004 and does not appear to have been in continuous employment for 12 months. He is now receiving IS and so I thought he was exempt from the HRT, and as a result of this will pass the test of having a right to reside in the UK.

However another view on this is that A8 cases registered under the Home Office Worker Registration Scheme are not entitled to HB/CTB as they no longer have the right to reside when they cease working and although he is exempt from the second part of the HRT, he still has to satisfy the first part which in circular A22/2004 states that he does not if he has less than 12 months employment.

Also, even if he is exempt from the HRT and the right of residence test, does he still have to satisfy the unreasonable burden conditions??

😕 😕 😕

[pdeans]

Anyone……………………..??????

Any help would be appreciated!

[Anonymous]

OK then.

He is on IS, so he is fully exempt from the habitual residence rules in their entirety: HB Reg 10(3B)(k) (and its equivalents in the 60+ and CTB Regs).

All the other factors you mentioned only become relevant if Reg 10(3B) does not apply. Whether he should be on IS at this stage is another question … it could be our old friend EC Regulation 1408/71 again. I’d just be thankful for an easy case and get it into payment before you talk yourself into contacting DWP.

[Anonymous]

This claimant cannot by definition be a person from abroad (see HB Reg 10(2) and (3) 2006 Regs) if he is getting IS

He is therefore entitled to HB and any HRT is not within the LA’s jurisdiction

[Author]

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