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Flowchart to see if an EEA national is entitled to HB

DaphneH
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Welfare Rights Adviser, Bristol City Council, Bristol

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Attached flow chart designed by our housing benefit department to ascertain whether an EEA national is entitled to HB - may be of use…

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Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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Excellent, this looks very useful. I do note that the only option stemming from “Is the EEA national involuntarily unemployed?” on page one is “yes”.

DaphneH
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Welfare Rights Adviser, Bristol City Council, Bristol

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Ah yes - good spot Edmund - I will pass the feedback on - thanks

DaphneH
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And here it is again with extra ‘no’ arrow inserted - he’s very good the guy that put it together :)

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chacha
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Benefits dept - Hertsmere Borough Council

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I also note that the option “no” (No medical insurance, no assurance to SoS and no sufficient resources so will be a burden), from the student and self sufficient EEA, both seem to lead to permanent residency.

Sorry….I know flow charts are hard work in the first place.

DaphneH
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Hi Chacha - the way i read it is that if they answer no (ie they are not student or self-sufficient person currently)  then they can only get to permanent right of residence if they can establish the 5 continuous years in one of the relevant categories or as a family member - but welcome your further thoughts

wjhamilton
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Benefits, Bristol City Council

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Daphne’s right… the chart is looking for logically answering each question in turn.

Answering no to the student or self-sufficient questions, doesn’t lead to the conclusion that the EEA National has a permanent right of residence, but leads you to the consideration of it.  You’d need to answer yes to the next question before it takes you to having established a that EEA National has a right of residence.  If it’s a no, then track through to the next consideration.

chacha
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chacha - 23 December 2014 12:30 PM

Sorry….I know flow charts are hard work in the first place.

Hi DaphneH, I can see how it works because I know what I’m looking for, at least that’s what I tell myself. Anyway, imagine the flow chart being utilised by front line staff that only have the basic training, with regard to PFAs/EEAs.

If you follow chart line, for example, EEA student? “yes”, recognised course? “yes”, medical insurance? “no”, this leads to the “sufficient resources” bubble, if you opt for “yes”, medical insurance? “no”, this leads directly to the bubble “for a continuous period of 5 years has the EEA been:  a….............

If you than opt for “student”, and choose “yes” (Which I will assume will only seem reasonable to do as nothing deters the user) then the next option is permanent residency, not the consideration of it, the other option is only for family members so if you are not one it wouldn’t apply.

wjhamilton
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Benefits, Bristol City Council

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DaphneH - 23 December 2014 09:09 AM

Attached flow chart designed by our housing benefit department to ascertain whether an EEA national is entitled to HB - may be of use…

As Daphne explained at the begin the chart was designed for use within our HB department by assessors who have at least a basic knoweldge of EEA National and the welfare state.

Frankly, the whole student or self-sufficient test won’t easily fit within the questioning for establishing a perm. right under the five year rule because of the possibility for variety between the various rights. 

However, I’ll have a think of a way to address your concern… as a minimum I’ll see if I can add a explanation bubble identifying that it’s a student or self-sufficent person as defined.

Cheers,
Will

Rehousing Advice.
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Homeless Unit - Southampton City Council

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I have to say that this receives my personal award for “the production of a readable flow chart where I beleived none was truly possible”.

Well Done!

BTW…...My awards get sent out by non recorded mail ....so so dont get you hopes up Will.

wjhamilton
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Benefits, Bristol City Council

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Thank you Martin,
Much appreciated

Just glad that people find it useful really 😊

AndreaM
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Debt team - Citizens Advice Southwark

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Thanks, Daphne.
You have made our Advice Session Supervisors very happy.

dizzymare
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Welfare benefits adviser - Dudley MBC

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thank you so much - very timely as we have been discussing this afternoon if a claimant who has been in UK for last 8 years and self employed (no longer self employed) and has claimed JSA would still be able to claim HB. We were of the view that he would have a permanent right of residence and so should be able to claim (providing no gaps) so this has just confirmed this. Good work!

Emma B
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Revenues and Benefits, Stoke on Trent City Council

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This is really good! We were trying to develop something like this ourselves. Thanks for sharing it - much appreciated.