Person From abroad – Polish National on Maternity Allowance

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  • #34859
    Jayne-T
    Participant

    I have a case where a polish national came to UK in February 2002. She has been working but is now on Maternity Allowance. She has been refused Income Support. Can I pay HB/CTB? On what basis?

    #52149
    andyrichards
    Participant

    If she has been lawfully present since 2002 and has only claimed HB/CTB about now I cannot see any restrictions on her entitlement – not on any immigration/nationality grounds anyway. Why was she refused IS?

    #52150
    Jayne-T
    Participant

    She claimed HB/CTB previously but was paid as treated as eligible because she was working. I/S has been refused on the grounds that she does not qualify as a person from abroad

    #97977
    Anonymous
    Guest

    Difficult to say anything without knowing her employment history

    #97978
    andyrichards
    Participant

    I think this one is pretty straightforward. Have a look at the thread called “2-year limit”.

    Maybe the bit of the DWP which thinks she entitled to Mat Allowance should have a word with the bit that thinks she’s not entitled to IS?

    #97979
    Jayne-T
    Participant

    I am really confused…. Income Support are aware that she is in receipt of Maternity Allowance but have still refused to pay Income Support. She was registered on the Accession state worker registration scheme in May 2004 and has been working until April 2006 when she left work to have a baby.

    #97980
    jgwizdak
    Participant

    Could it just be that her Maternity Allowance is higher than the Income Support rate and she doesn’t qualify because of excess income?

    #97981
    Jayne-T
    Participant

    I’ve checked with DWP and Income Support has been refused as not eligible as Person from Abroad.

    #97982
    Anonymous
    Guest

    Due to her length of time in this country, whilst working, I’m with Andy Richards on this one. I cannot understand why the DWP have refused her IS on the grounds she is a person from abroad.
    It would be interesting to know their reasons, and based on the information that you have posted, I would suspect they may have got it rather wrong. 8)

    #97983
    Jayne-T
    Participant

    I’ve been doing some more reading and seem to have established the following:

    Once an accession state worker has worked for 12 months continuously they are classed the same as an EEA16 national.

    So checked EEA16 nationals but the info seems to indicate that inactive EEA16 nationals have to be self sufficient.

    Is this correct? – if not can someone point me in the right direction.

    #97984
    jgwizdak
    Participant

    The DWP use a special questionnaire for Foreign Nationals which usually goes to Wick in Scotland for a HRT decision.

    I’ve seen one and I think it’s very easy for the claimant to shoot themselves in the foot when answering the questions.

    If you’re on good terms with your local DWP ask them to send you a copy of the completed questionnaire and decision.

    #97985
    andyrichards
    Participant

    Apologies for my slightly flippant post earlier. She could actually get MA even if still refused IS as a PFA. There are no prior residence conditions for MA.

    Is her current HB claim more than two years after she came to the UK? If so she is not subject to the HRT.

    #97986
    david kearney
    Participant

    she would not be subject to the HRT, but she would still be subject to the right to reside test. As per SI 2006/1003, an EEA national of any description who has resided for less than than 5 years has to be a qualifying person to qualify for benefits. Doesnt look like she is a qulaifying person, so no income support and no housing benefit.

    Stands back and prepares to be shot down.

    #97987
    andyrichards
    Participant

    I’m certainly in no position to shoot anyone down when it comes to PFA’s! But do you think what you have quoted overrides the length of time this person has been in the UK? Serious question – you may well be right!

    #97988
    david kearney
    Participant

    I reckon it does. I’ve had a good look at SI2006/1003
    and its silent on the question of maternity absence.
    I dont think you could argue that pregnancy is temporary incapacity due to an accident/illness.

    It looks like the policy intention is to prevent out of work benefit claims from all EEA citizens and thats what the regulation says.

    I would actually like to be wrong on this as its a bit draconian but until convinced otherwise i would not pay this person

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