Polish Lady on JSA(C)

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  • #35088
    Anonymous
    Guest

    We have a claim from a polish lady entered the Uk October 2004, she failed HRT for Income Support and is now in receipt of JSA(C).

    not sure if we can pay, she is not self sufficient how can she be if claiming benefits, she also has tax credits and child benefit. HB reg 10(3)(3A) only covers persons in receipt of Income Support or JSA(IB)

    Is this scenario covered by Regulation 6(1)(d) of the Immigration (European Economic Area) Regulations 2006 or am I totally off track. Any thoughts would be welcome.

    #52831
    stevedaymond
    Participant

    HB Reg 10(3) and 10(3A) exclude a person in receipt of JSA(C) from being eligible for HB and CTB based on this alone.

    Your claimant will need to retain worker status to be eligible. As an A8 do you have evidence that she has completed 12 months registered employment without a break of more than 30 days?

    #98553
    Anonymous
    Guest

    we don’t have this evidence at the moment, so if completed 12 months they have the same rights as any other person. thanks for your comments

    #98554
    stevedaymond
    Participant

    Not quite.

    If they have not completed 12 months registered employment they can not retain worker status in any way as per 2(4) and 2(8) of the Accession (Immigration and Worker Registration) Regulations 2004.

    If they have completed 12 months registered employment they can be treated in the same was as EEA nationals and would need to satisfy one of the criteria of Article 7(3) of 2004/38/EC.

    If they do not retain worker status they have a non-qualifying right to reside and fail the HRT.

    #52834
    Anonymous
    Guest

    Thanks very much thats a great help

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