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Top Housing Benefit & Council Tax Benefit topic #6054

Subject: "A8 national temporarily sick" First topic | Last topic
gloslawcentre
                              

advice worker, gloucester law centre, gloucester
Member since
23rd Apr 2004

A8 national temporarily sick
Tue 22-Jan-08 10:51 AM

Client is an A8 national who is temporarily off sick and receiving SSP from his employer. Although he's been working for the past two years he hasn't registered this correctly through the Workers Registration Scheme and so doesn't satisfy the 12 month work requirement. He started the job he's now doing in February 2007 but didn't register it until December. Local HB section won't accept our argument that he's still a worker despite the fact that he's in registered work, getting SSP and intending to return to the same employment when he's well enough to do so. Council say its not enough to be employed and that the person has to be actually physically working to be classed as a worker.CPAG's guide to challenging Right to Reside decisions suggests that the argument that A8 nationals retain their worker status whilst temporarily sick is purely a technical one which is unlikely to succeed beyond tribunal level. However we're trying to argue that our clients circumstances are different from those of an A8 national who is temporarily sick but no longer employed.Any ideas please?

  

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Top Housing Benefit & Council Tax Benefit topic #6054First topic | Last topic