chrisduran
Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since 10th Mar 2004
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RE: A8 workers and temporary incapacity
Thu 29-Nov-07 12:38 PM |
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.
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