Polish jobseeker – left UK and returned – originally working

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    I am hoping for some help here, I am unsure whether we can pay this claim…

    Polish woman moved to UK in Jan 2005 and worked continuously at a local factory until Nov 2007. She then returned to Poland for a holiday and whilst she was there her husband died. She took compassionate leave from work and stayed in Poland until Jan 2008 when she returned to the UK and worked again until Aug 2008. She then went back to Poland in August 2008 to try and get her children into school over there but this was unsuccessful so she returned to the UK in Nov 2008, enrolled the children with a local school and found a job. This job has since ceased and the woman is in receipt of JSAC.

    Can she claim HB/CTB? I am confused 😕

    Any help much appreciated!


    Hi Kate,

    Did she complete 12 months on the Workers Registration Scheme in her original employment? If so she may be treated as an EEA worker and retain worker status using 7(3)(c) of 2004/38/EC. If she has not completed 12 months on the WRS then she would be treated as a Worker Seeker and ineligible as she would not be able to retain worker status.



    Hi Steve,

    Thank you for your reply. Yes she did complete 12 months on the WRS in her original employment. When you say ‘she may be treated as an EEA worker..’ what are the other conditions?

    I really find it difficult to deal with these cases as we don’t get that many and so I don’t get a lot of experience with them. When I try and read guidance on them it just sends me round in circles!


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