Terms & Conditions

[Anonymous]

Morning all,

Please help ease my troubled mind. I’m going round and round in circles and when I close my eyes I can still see circular A9/06 and HB reg 10.

We have a claim from an A8 national, the Slovak Republic to be exact. The clt seems to have been here for at least the last two years and he states that he has had two jobs, the first lasting 13 months and the second lasting 6 months. He is now unemployed, but not entitled to JSA(IB); I don’t know why. He may be getting JSA(C), I doubt it, but we can check.

Do we need to see proof under the worker’s registraition scheme that he has been employed and when? If he has had 12 months work, he is treated the same as an EEA 16 national. But is that the last 12 months or any period of 12 months?

Then, treating him as an EEA 16 work seeker, he is not on JSA(IB) and so he is not “passported through the HRT for HB & CTB”. But can he still claim HB or is he treated as failing the HRT and so excluded?

I though I had this but the more I think about it the more confused I get.

Cheers,

Darren

[david kearney]

He is only entitled to HB/CTB if is is a qualifying person as per SI2006/1003, a EEA work seeker is only a qp if they are getting jobseekers. No JSA no HB/CTB

[Anonymous]

Cheers David

I have re-re-reread A9/06 and I think that’s what it says. I’m going with that.

Thanx

[jgwizdak]

You now have to apply the two stage HRT test yourself.

1. self sufficiency – will probably fail as no income

2. Unreasonable burden – you have to consider how long they are likely to remain unemployed and the likelyhood of them getting new employment.

Failing the DWP HRT test doesn’t automatically mean that they fail a Local Authority’s HRT.

Head back below parapet now.

[mary]

Darren

If your A8 claimant has completed 12 months on the worker registration scheme (from your post it appears that this might be the case – and a question of fact for you to decide on the evidence) he then enjoys exactly the same rights as EEA16 workers. (SI 2004/219 reg 2(4))

A worker continues to be treated as a worker (and exempt from the right to reside test and test of actual habitual residence Reg 10(3B)(a)) if they are in duly recorded involuntary unemployment after having been employed for more than a year and registered as a job seeker (Article 7(3)(b)) of Council Directive No 2004/38/EC). EEA16 workers will also meet this definition for atleast 6 months (and longer if they have a genuine chance of finding work) if they have been employed for less than a year if in duly recorded involuntary unemployment (Article 7(3)(c)) of Council Directive No 2004/38/EC).

Don’t fall into the trap of thing that an EEA national looking for work is a always a jobseekers – check to see if they meet the definition of a an EEA worker first.

[Author]

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