Polish clmt in receipt of JSA(IB) since March 06

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    Could anyone let me know if the regs state what period a Polish National would be paid JSA(IB)?

    I have a Polish clmt who arrived in October 04, made a successful claim for JSA(IB) in March 06 and is still receiving JSA. He is regularly claiming at one of our night shelters. The CIS notes state that he has passed the HRT test.

    Should he be classed as Habitually Resident if he is homeless?


    There are many people who are of no fixed abode (therefore homeless)who have always been resident in this country – wouldn’t apply HR test to them in similar circumstances.
    My point is that I don’t see the two as mutually exclusive. 8) Habitual Residennce applies to anywhere in the UK, which presumably includes sleeping rough etc.

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