Portuguese - has NI No, pays tax, Nat Ins etc - goes off work sick - JSC say not entitled until Glasgow say he is habitually resident !?

Glasgow say this is true - new regulation sneaked in when regs were written for the new EU countries. Glasgow quoted

Reg 14(1) (European Economic area) Regulations 2000.

We very rarely see these clients, so are not too familier with the rules, but I thought EU workers, other than those from the new acessesion countries, were treated as any other worker?

They're right to say Glasgow have to make to make the decision - all these decisions go to Glasgow.

However, your client is clearly entitled to benefit. Reg 14(1) says that only a "qualified person" has the right to reside. Reg 5(1) defines "qualified person" as including workers and Reg 5(2) states that "a worker does not cease to be a qualified person solely because he is temporarily incapable of work as a result of illness or accident".


Incidentally, although the DWP say that the right of residence is defined by Reg 14(1), there is nothing in the new version of IS Reg 21 to say that this is the definition to be used.