The accession period for A8 nationals is 30/04/04 to 30/04/09. Therefore, from 1 May 2009, all those who come to the UK from A8 states will no longer be required to register their work in order to be considered a worker, etc.
With this in mind, I've been patiently waiting for some information about this, either from the big advice orgs (CPAG, etc) or from the Government. So far, I don't remember seeing anything and will take that to mean that the accession period really is ending! Yay!!!
Anyway, assuming that to be the case, might I be correct in assuming that my client can claim ESA on 1 May? She is a Polish national who's been living and working in the UK since 2006. She has made no applications to the worker registration scheme and now that she is off work through an accident, and homeless, she cannot apply for benefits or housing as there is clearly no right to reside (she is not entitled to SSP).
On 1 May however, my feeling is that she can apply for ESA becuase, as a 'former worker' (see below) she retains her worker status as someone who is temporary unable to work due to illness.
The big question is: does she actually have a 'former worker' status to maintain since she has not completed 12 months registered employment? Or to put it another way, is anyone aware of any transitional issues like this that will affect clients, or can we simply pretend, in this type of case, that the worker registration scheme and special rules for A8 nationals just never existed?
Any ideas?
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