PFA question

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  • #34884
    Anonymous
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    A8 claimant entered the UK 01/01/05

    did not start work until 08/09/06 work ended 02/11/06 no WRS provided.

    then work started again 23/01/07 new claim submitted BD requested.

    As the claimant has been here two years for the new claim do we allow as non PFA rules and not allow BD as not worked 12 mths.

    OR

    As they have not worked cont 12 mths from 01/01/05 we should not pay HB/CTB, as lose right to reside.

    Bit confused with 2 year entered the country?? Thank you
    🙄

    #98074
    Anonymous
    Guest

    Forget the two years. That question comes far too early on the BFI model claim form, which most LAs seem to adopt with little editing. The two-year question only tells you one thing: it is safe to assume that the claimant is by now in fact habitually resident. It doesn’t tell you, in the case of a non-EEA national, what their immigration status is; nor does it tell you, in the case of an EEA national, whether they have the right to reside or the right kind of right to reside.

    Here is a case in point. The claimant has not completed 12 months’ employment and is still required to register. This means she does not retain worker status during breaks between jobs. The backdating claim might well serve for a previous period of registered employment in the last 52 weeks, but entitlement must end between November and January, unless you are satisfied that she was self-sufficient during those months ( a possibility I suppose). But the main point is: you must decide these things, the two years’ residence doesn’t prove anything.

    #98075
    Anonymous
    Guest

    thanks Peter 😆

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