Polish national not working….help please!

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  • #35511
    barbara884
    Participant

    I have a claim from a Polish single parent. She came to the UK in 2004 to work – her job started 20/09/04 and a WRS certificate was issued confirming this. She worked continuously up to April 2008. In the meantime, she married a British man who in June 2009, up and left.

    I am trying to establish whether HB/CTB can be awarded. I believe that from 20/09/09, she will have resided in the UK for 5 years and so would no longer be subject to the PFA rules. However, prior to this, I need to decide whether she meets HRT.

    I understand that as she can prove that she worked for a period of 12 months or more that she then falls within EEA rules. She ceased work due to her child being sick which did not pose a problem at the time as she was in a partnership and had no need to claim benefits.

    If not actively seeking work prior to Sept09, can she claim HB/CTB? Does the fact that she is not self sufficient exclude her from receiving HB/CTB? For a short period in June, JSAc was awarded. So as a work seeker, can she receive HB/CTB?

    The woman has since been turned down by the DWP for JSAIB as failed the HRT although we are having problems getting full details of their decision.

    Does the award of JSAc give the customer a right to HB/CTB?

    So many questions! 😯

    Any help and advice will be much appreciated – as a small authority we do not deal with a great deal of PFA cases! 😀

    #99518
    Anonymous
    Guest

    There’s lots of posts on this board relating to similar situations – basically you’re looking into whether your claimant has retained the status of a worker or whether she can derive a right to reside from the child (presumably a British citizen?). A few points:

    [quote:eda46ce8a4]I believe that from 20/09/09, she will have resided in the UK for 5 years and so would no longer be subject to the PFA rules[/quote:eda46ce8a4]Only if she has been excercising her treaty rights for the full 5 years.

    [quote:eda46ce8a4]For a short period in June, JSAc was awarded. So as a work seeker, can she receive HB/CTB?[/quote:eda46ce8a4]She would need to have retained her worker status, either by being involuntarily unemployed and actively seeking work or by being temporarily unable to work due to accident or illness. If it was over a year between leaving work and singing on, I don’t think she qualifies.

    #53924
    Anonymous
    Guest

    Just to add, I think she might get a right to reside from the child provided the child started education while the claimant was working… see this thread: http://hbinfo.org/forum/viewtopic.php?t=10495

    If she has to rely on her own worker status I expect she will not qualify.

    #99519
    Anonymous
    Guest

    Also – you may want to consider whether she still counts as the family member of a UK citizen (her husband).

    #99520
    barbara884
    Participant

    Thanks for the comments.

    [quote]Only if she has been excercising her treaty rights for the full 5 years.(quote]

    I’m not clear what this actually means (apologies if this means I’m being a bit thick here!)

    #99521
    Anonymous
    Guest

    It means she has to have been working, work-seeking, studying or a family member of someone similarly excercising their rights for the 5-year duration. You may be able to overlook the odd break in employment (say a couple of weeks) but if there have been any major breaks the five-year conditions will not be met.

    I think you need to forget about her own RTR (she has clearly lost her worker status), concentrate instead on whether she derives a RTR from her child or husband.

    I am aware of cases like Diadatta and Baumbast but not sure how these apply to your case, where the child and husband are UK citizens (I’m assuming the child was born here?).

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