Terms & Conditions

[su]

Hi

Can somebody please clarify A9..

Does a Polish worker still have to have worked for 12 months before they can claim HB?

Much debate…so few answers…

Su

[David]

No. As a A8 national, he has to be a worker to claim benefit. You will need to see both Worker Registration Card & Certificate. The latter must relate to his current employer.

[gerryg]

To expand on David’s answer…

As an A8 national he must show he has the right to reside. In order to have to right to reside he must be a registered worker (see David’s answer). If he stops being a registered worker he loses the right to reside.

After 12 unbroken months (barring periods totalling 1 month – we allow them holidays) of being registered he no longer needs to be registered and becomes treated like an EEA16 worker.

This means that, after the 12 month registered worker period, he can retain the right to reside if he stops working but becomes a ‘work seeker’.

[su]

Thanks

So to clarify for my ‘cold ridden’ brain…as long as they are registered & working they can claim as soon as they arrive.

If they stop working, they can only continue to get HB if they had previously done the 12 months (allowing for the holidays)

[gerryg]

that’s about right

[andyrichards]

Er….can I just point to what seems to be a common misunderstanding here. The A8’s do NOT have to have worked here for 12 months before they can claim HB. They can claim HB if they are registered as workers. The significance of working for 12 months is that they do not have to continue registering after that time, and effectively get treated the same as EEA16’s.

Or have I got it wrong???

[David]

That’s right Andy. I think that was what we were trying to explain above.

Perhaps worth adding that to check they’ve worked for 12 months we’ll still need Worker Registration docs to confirm this.

[gerryg]

That was what I was saying Andy.

For the first 12 months to be eligible they must be a registered worker. Stop working and you are not eligible. After that they no longer have to be registered and are treated like other EEA16’s.

[Author]

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