can anyone confirm whether i'm right in thinking that as long as a polish national remains employed and in receipt of maternity pay (SSP) from employer during her pregnancy that period still counts as part of the 12 month registered work for R 2R purposes? or am i completely wrong?
many thanks!

C

similar case... where my problem was getting Housing Benefit paid... got this reply from Adelphi House...

Nick,



There is nothing in the EC Treaty or Directive 2004/38/EC or the Immigration (European Economic Area) Regulations 2006 which allows EEA nationals to retain worker status if they are on maternity leave. So even if they could claim JSA they wouldn’t have retained worker status but would be jobseekers.



However, I sought advice from the Home Office on this point and they have confirmed that if the EEA national including an A8 & A2 national who is working legally, is still employed and can supply a contract of employment then they are still a worker even during periods of unpaid maternity leave. The contract however must show that they are an employee even when not at work – generally agency staff have contracts which state that they are only an employee when on assignment. Some catering staff have similar contracts. In these cases we will award the Income Support for the period of the maternity leave though obviously MA and maternity pay exceed the IS rate so it isn’t paid until the unpaid maternity leave starts. This means that HB can also be paid for the same reason i.e. the EEA national is a worker.



If the EEA national has left their employment then I’m afraid they aren’t a worker – they can’t retain worker status for the reason stated above. If they have left their job as they have a pregnancy related illness then they retain their worker status as a person temporarily unable to work due to an illness but only until the baby is born.



Ursula





Ursula Brennan

People from Abroad Team

Benefit Reform Division

WWEG

DWP

Area 5

Level 2

The Adelphi

London

WC2N 6HT

Tel: 020 796 28358

Fax: 020 7962 8144

Email: Ursula.A.Brennan@dwp.gsi.gov.uk