Hello everyone (especially them that are able to help ;- 0)

I'm due to see a client tomorrow who is a Polish National. She has been in the UK for just under 5 years. Client is a lone parent (4 year old) with another baby due in 2 weeks.

Client has worked (for the majority of her time in the UK) but has never completed the 12 months WRC.

Client made a claim for IS which was obviously refused, as was her claim for HB and C/Tax.

Now, my question is..... Am I correct in saying that she can claim Maternity Allowance (looking at her work record she should fulfill the criteria) but that she would still not be able to claim HB and C/tax on the basis of 'low income'?

Would there be any issues in her claiming MA if she has technically not actually worked Legally in the UK.

Would I also be correct in saying that she would not be eligible for making a claim for a 'Health in pregnancy grant'.

The client has also just been served with a warrant for eviction by her Landlord becuase she is 6 onths in arrears.

Any thoughts or comments will be gratefully received.

Regards Jackie

Hi there I had a similar case in the past and I think the key point here is whether she has registered her work under the WRS at all. If she has done so and it was the last employment, the 52 weeks rule should not affect her as she should retain worker status and have full rights to benefits while on maternity leave. maternity period should also count towards 12 months' ticking clock. If after 39 weeks she does not complete 52 weeks and does nmot go back to work she would lose her right to reside on the grounds of being a wokrer and if no other routes available she would lose rights to benefits. Since she could be treated as a worker she would get hb/ctb and/or wtc I think maternity allowance is not subject to the right to reside test. Best wishes/Ag

Many thanks for the reply A/g.

Think we have this resolved now.

Applied to the Borders Agency (Home office) who very speedily sent a report stating when and for whom my client registered under the WRS. This quite clearly shows that the client has registered correctly and for the qualifying 12 month's (actually she worked for the employment agency for 18 month's)

Now awaiting on Wick and the Local Council to reconsider their decisions.

Re the 39 weeks and her MA adding towards the 52 week rule, the client probably would not have retained her worker status as she had not done any paid employment since July 2009, therefore a gap of 3-4 month's.

Would just like to add that I was very disappointed with the Local Council, as they initially refused to look at the decision again untill the DWP had done so. Argued that they had a responsibility to look at the evidence independently!

Therefore had to advise them that as client was due her 2nd child within the next week, and had been issued a notice of possession from her landlord under section 21, they might want to reconsider their stance as they could be held responsible for her becoming homeless!

Happy festive Hols!

Jackie