Hello beautiful people

I need some help! R2R for A8 national, I haven't done one in a while and I'm not up-to-date with current case-law.

Question 1. Can an A8 national who has NOT completed 12 months of registered employment claim income-based JSA?

Question 2. She is pregnant. Can she claim IS, CTC, HB and CTB after she gives birth if:

- she HAS completed the 12 months registered employment? In other words, if she has full EU rights, what is the current position on claiming benefits if you're not a jobseeker?

Many thanks in advance for your help.

Bea

Question 1: no. Only after the 12 months registration.

Question 2: CTC, HB, CTB only if she retains worker status - ie. on maternity leave or claiming JSA. IS: no.

As above, but with a slight disagreement.

If she is entitled to 52 weeks statutory maternity leave, has the right to return to her job, and intends to do so, then at some point in her maternity leave her applicable amount will exceed her income - i.e. SMP or MA will end. At that point, she can claim IS rather than JSA.

Thank you so much for that!
Do you know of any pending decisions that may change the above? I'd hate to bother you again with the same question in 6 months time!