Could someone please clarify whether a worker from an A8 state who has worked for over 3 years and is now unable to work due to incapacity is entitled to claim IS? She has submitted a claim for Incapacity Benefit and is also getting DLA so not entirely sure if this could be classified as a temporary incapacity.
My main query is, is there a difference between A8 workers and claiming IS due to temporary incapacity and non A8 workers as am getting a little confused! Any help much appreciated!

I haven't actually looked this up so I stand to be corrected.

My understanding is that what makes A8 workers different (from other EU workers) is that they can only come to the U.K to do work that has been registered with the Home Office, and they cannot claim any non working benefits, except those they have paid contributions for untill they have completed a full year in registered employment.

So they are excluded from both income based J.S.A and benefits for temporary incapacity untill they have worked for a full year (though it is possible to have a 30 day break during that year).

In your case it seems to me that your client should have no problem with their entitlement, even if their incapacity is not temporary because they have resided in the U.K for over two years. Indeed, they may have resided in the U.K since before the A8 regs came in as they only came in in 2004.

I hope this is helpful but, if I were you I'd await confirmation from another adviser.

I am concerned to note that you still haven't had any other replies and you may be concerned about your client.

I'm really no expert in this field but I have now had time to look into it and I'm really sure that, in your clients case, there shouldn't be a problem.

Having worked in this country for three years they are probably entitled to N.I benefits anyway if the absence is temporary.

However, if it isn't temporary they should be entitled to the appropriate incapacity related benefit anyway because they have resided in the U.K for over two years.

If you have the current CPAG Handbook please see page 1401 re Former Workers

Thanks for your replies Chris. Have spoken to adviser who contacted me re this client and it does appear that she is getting IS in her own right and seems to be due to permanent incapacity.
Looking at thorny issue of what benefits her grown up children can claim now - including 24 year old son who has worked but not registered under WRS and has now been injured at work and therefore temporary incapacity. what fun and games!