Hello you guys,
This is my first time on this forum, so be kind to me
I saw a client today, from Poland, came to the UK in October 2004 and started work immediately. She worked for 13 months but did not register!
When she lost her job she tried to claim JSA but was initially refused for failing the right to reside test. After 3 months she applied again and she got it. Then she worked for another 12 months again without registerig. Now she's in the same situation: tring to claim JSA and refused. In the mean time CTC for her 12 year old has stopped and so have HB and CTB and she's about to be evicted from a privae landlord.

The question I have is this:

- Is there an argument for her being entitled to JSA because she got it 2 years ago? Isn't it strange that she was found to be entltitled to it 2 years ago and not now?

Anything else that you can suggest?

Thanks a lot!

She should never have had JSA, HB or CTB, as she has never been a worker in EU law. She can only have that status if she is in registered employment or has been so for 12 months, in which case she is in the same position as any other EU national.

The awards she has had must have been in error, especially common among LA housing benefit departments.

The House of Lords will be considering the issue of an A8 national working for more than 12 months but not being registered in July this year. It comes from this decision of the Court of Appeal in Northern Ireland:

http://www.rightsnet.org.uk/cgi-bin/forwardsql/search.cgi?template2=user_details2.htm&output_number=1&sort=news.submission_date+desc&news.ID=511165510841

Might be worthwhile submitting an appeal on this basis and having it stayed until the Lords give their decision. It won't unfortunately help your client in the short term though, and in her circumstances, her best option is to try and find employment and get registered. If she's working and registered, depending on hours and income, she may qualify for HB, CTC and WTC.

That's really useful. Thank you so much!

In the mean time, he's been awarded contribtion-based JSA for six months. Doesn't this count as recourse to public funds too? What is her position in relation to HB and CTB now that she's got contribution based JSA?

Also, the Tax Credits office are demanding that she repays 4 years worth of CTC back because it shouldn't have been paid as she didn't have a right to reside! Any valuable tips on tis too?

I'm really grateful for your help. I've only been in the job for 4 weeks, and the sort of benefits stuff I used to do in my previous job wasn't this complicated!

Contribution-based benefits are not public funds. The public funds rules don't apply to EU nationals anyway, which is why they can claim things like child benefit and disability living allowance, which are only subject to rules about length of residence and not to the habitual residence test or the right to reside.

Thanks!