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  • #43719

    Looking for some advice please on a polish couple who moved here to UK approx 2/3months ago. Claimant has been working but has a change of employer from 16/09/12, and he was out of work for 3 weeks and made no claim at DWP.

    He has 3 children, the eldest being at pre-school.

    Does the child being at preschool give him eligibility during his break in employment?


    thanks in advance


    If they have been here for less than 3 months then the below will apply:

    Under Article 10 of Council Directive 2004/38/EC, all EU citizens have an automatic right of residence for the first three months of their presence in a member state without any restriction, so will always be eligible to HB/CTB for those three months. After the three months they are then subject to the restrictions imposed by the PFA rules.

    Hope this helps


    Article 10 of the directive is about the administrative process for issuing residence cards to family members who are not EEA nationals. I don’t think it applies here.

    All EU nationals have a right to live in any member state for up to three months for any reason they want as long as they have sufficient resources to support themselves. If this is the only right they are relying on, they CANNOT claim HB/CTB – see HB Reg 10(3A) and the CTB equivalent. If, however, they become economically active (e.g. start work) before they have been here for three months they do not need to rely on the initial right to reside for three months and they will become a worker instead sooner. Then they CAN get HB.

    A person who is out of work and not registered with DWP loses his worker status for the period in question, and he cannot rely on being the primary carer of a pre-school child: the derivative right to reside in order to care for a child at school only applies when the child has started proper school (at least rising 5). So I would say it’s a No for the three week gap for two reasons:

    – worker status was lost for that period, and
    – if he still had an underlying initial three-month right to reside, that on its own is NOT enough to satisfy the HB residence rules.

    Other than, I completely agree with Laura! 🙂

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