Retained Worker Status – Need a Little Help!

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  • #44221
    sjh73
    Participant

    A claim was received in July of this year from a Slovenian national who is the former partner of a British national (with whom she has two children).

    At the time of her claim she was applying for Income Support but this benefit was eventually refused by the DWP as she failed their HRT.Consequently, as she was neither a worker, work seeker, self employed, self sufficient or a student, she was also refused HB on the grounds that she had no right to reside.

     

    I have now received a letter from a local advice agency which states:

     

    Ms X worked between 2006 and 2008 when she left her employment after becoming pregnant.

     

    Ms X and partner then had a joint claim for JSA (according to our records this was only between 19/10/10 to 23/11/10 and 07/04/11 to 25/04/11).

     

    Ms X's husband then worked until they separated in July 2012.

     

    She then applied for Income Support and was seeking work at the time.

     

    If she is a worker who has retained her worker status, she is not considered a person from abroad and should be entitled to HB.

     

    It does not appear from information held by my office that our customer has a permanent right of residence and the advice agency is no going down this route – Instead they are insisting the claimant retains worker status. However, I am struggling to see how she could have retained worker status and think the advice agency representative is getting confused? Either that or I am!?!

     

    Please can anyone confirm that in order for our claimant to satisfy the LA that she has retained worker status that she will need to provide evidence that, from the date of her HB claim, she was at least registered for national insurance credits as a jobseeker and looking for work?

     

    Or, if you think I have misunderstood the representative, what is it she is driving at?

     

    Lastly, can anyone explain why a British national working in the UK, and who has never worked in another EEA member state, is not considered an EEA worker exercising treaty rights? Preferably, I would also like to know where in legislation it says this.

     

    I have been a member of this site for a number of years and find it a very useful aid, this is however my first post so please go easy on me if I have got this all wrong – I will be very grateful of any advice offered. 

    #125412
    sjh73
    Participant

    No takers? I don’t blame any of you to be honest.

    What i really need to know is that, at the very least, in order to prove she has retained worker status my customer would have to provide evidence that from the date of her HB claim, she was registered for national insurance credits as a jobseeker and looking for work and, if she didnt have this at the time of her HB claim, it would be impossible for her to have retained worker status?

    I think the advice agency worker believes the claimant has somehow retained worker status through her british husbands employment following their claim for JSA but I believe this is incorrect.

    Again, would be happy to hear from anybody about this!

    (fingers crossed)

    #125478
    liffe
    Participant

    Have you considered Teixeira in relation to the children or rather the elder of the children?

    #125480
    sjh73
    Participant

    Hi, thanks for your reply – it is much appreciated.

    I may be wrong (and am happy to be corrected) but I don’t think Teixeira applies as the children are too young to be installed in school – they are 3 years and 1 years.

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