Polish partner not working and now on her own

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    I have a Polish woman who states she came here in July 2003. She has recently separated from her partner who was a Turkish Asylum seeker and now has a british passport. She has no residence permit docs.

    She worked in 2004 and 2005 and registered on the WRS. Husband was in receipt of JSA(ib) and we refused the claim on the basis that she did not have Worker Status as she had not worked since 2005 (and were not aware that she arrived in the UK in 2003).

    She has now come back to us and stated that she did work in 2007 and provided p45 (fraud will now be looking at this as not declared on partners claim), and that she is eligible to claim benefits.

    Because she was here prior to May 2004, does she have an entitlement to HB even though she has not worked since 7.3.07. She states she has made a claim for JSA/IS but this is yet to be sorted out.

    I thought I was sure, but the 2003 date has thrown me.


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