PFA query

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    We have a Polish claimant who registered and has been continually working for more than a year. She has been on statutory maternity pay from June to December 06, and when this ended made a claim for Income Support. This has been turned down on the grounds that she does not have the right to reside.

    We allowed benefit whilst on SMP but would you agree that we are also correct in refusing benefit once this ended as she is no longer working or a work seeker.


    Your original decision was presuambly based on the premise that she would become an unreasonable burden on the state. The DWP appear to have decided that she will & bearing in mind her claim for IS seems a reasonable conclusion. Consequently, she has no right to reside.

    I agree that you should end HB.


    If she is not working nor seeking work she is classed as Economically Inactive and as such must be self-sufficient and have comprehensive medical insurance.

    If she does not have both of the above she has the wrong kind of right to reside and is ineligible for HB and CTB.


    Yes, claiming means-tested benefits will demonstrate that you are not self-sufficient and therefore not entitled to said benefits.

    Simple really!


    See A22/2004 for self-sufficiency. A person who claims means-tested benefits could still be classed as self-sufficient (although personally I agree with Andy’s view).


    If she claimed IS as a single parent she would loose the right to reside as she is no longer economically active, but if she claimed on grounds of incapacity for work, she could still be a worker and entitled to claim.

    Single parents who are EU nationals exercising their right to reside should usually claim JSA instead of IS so as to maintain their economically active status

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