I have a hungarian client whose claim for HB/CTB was turned down by his Local LA on the grounds that he failed to satisified the right to reside test by reason of not being a worker.

The claimant has been in UK since Jan 2007 and had been working continously for more than one year under the worker registration scheme and was paid off by his employer in November 2008 . He made a claim for JSA which was made defective because he failed to provide information requested by the job centre and he is currently appealing against the defective decision.

My understanding is that a A8 national would retain his worker status while he is a registered work seeker thus entitle to claim HB/CTB so long as he had completed one year of uninterrupted authorised employment.

Is there a time limit on how long can an A8 claimant claim HB/CTB for while he is registered as a job-seeker.


Clarification would be much appreciated

I don't know the answer to your direct question, but felt it worth suggesting that, if not already done, your client should make a new claim for JSA in case the appeal fails. Also, if the new claim yields an entitlement there should not be any problem getting HB/CTB.

after 12 months continuous registered employment A8 nationals are no longer treated as A8's but are considered to be ful EU citizens with no requirement to register.... but they only get HB if the are actually on JSA or working.... there is no time limits on HB, but there is for JSA.... usually 6 months but this can be extended if there is a good prospect of employment.

Which legislation that states that an A8 worker who has completed a year of authorised employment can only retain his worker status if they are in receipt of jsa(ib) aftre being made redundant.

reg 5 and reg 6(2), Immigration (European Economic Area) Regulations 2006
http://www.opsi.gov.uk/si/si2006/20061003.htm#5

Basically, worker status is retained by:

those who are involuntarily unemployed after having been employed in the UK providing that they -

- were employed for at least a year before becoming unemployed
- have been unemployed for no more than six months
- can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being successful. In order to fall into this category the individual has to sign on for Jobseekers Allowance.