Polish woman on statutory maternity pay

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  • #34973
    Anonymous
    Guest

    Hi. I have a case where a Polish woman who has been in UK since June 2006 has made a Housing Benefit claim based on her statutory maternity pay awarded 24/7/07. She was working from June 2006 to 24/7/07 but was not registered on the worker registration scheme. Can I refuse Housing Benefit immediately due to the fact she has not worked 12 months on the worker registration scheme, or do I now need to apply the right to reside and habitual residence tests, since she is no longer working?? Any help much appreicated.

    #98352
    stevedaymond
    Participant

    As she was not registered with the Home Office she has been employed in the UK illegally so will not retain any form of worker status.

    You will need to consider her application as an economically inactive EEA national and she must be self-sufficient and have comprehensive medical insurance. Without the insurance or being self-sufficient she will have a non-qualifying right to reside for HB purposes and fail the habitual residence test.

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