pfa credits only incapacity benefit.

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    I have a Latvian national who has been here since 2005. She appears to always worked as she has only just claimed HB as she had an accident and applied with the BA for help.

    I have checked with them and she appears to be getting credits only Incapacity Benefit.

    Am I right in thinking that because she has been here for 2 years as a worker that she retains her Worker Status anyway and also because she is temporarily unable to work due to an accident.

    Also how do we treat the credits only Incap for persons from abroad in general?

    Many thanks


    Hi Jackie,

    I think you need to know if your person is permanently incapacitated or whether they are temporarily sick.

    If your person has been permanently incapacitated, then they are given a permanent right of residence after 2 years (per article 17(1)(b) of EC/2004/38).

    If it is temporary, you need to be sure that your person has legally worked for 12 months (eg, on workers reg scheme) I don’t think that you can just presume it by the length of time that they have been here. If this is satisfied, then you are correct in saying that temporary sickness would mean that she would retain her worker status and be entitled to HB/CTB per article 7(3)(a) of EC/2004/38.

    In regard to the length of time that a person is off work sick – this is a bit more tricky, but I presume that you would have to make enquires as to their sickness and how temporary it is going to be.

    If anyone has any other guidance as to how long ‘temporary sickness’ can be, I would be very interested to know.



    thanks Jane

    It appears that she has satisfied the criteria for Worker status as she has worked for here since 2006 for the same company, but she has now lost her job following her incapacity and has claimed Job Seekers and is actively seeking a new job.

    Does she still fall into the category of Worker Status as she is actively seeking work. I believe she does. I have a bad case of brain fade after annual leave.

    Many thanks

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