If a (male) A8 National has worked for less than 12 months in the UK in registered work, then becomes unemployed, starts getting JSA, then becomes 65 and JSA stops (can't claim if over 65) can they claim Pension Credit? My feeling is they can't.

But what's the position if they completed more than 12 months registered work, became unemployed, claimed JSA and then became 65? As they had completed more than 12 months registered work, that should give them access to all benefits, including Pension Credit, should it not?

Client - 65 year-old man, 55 year-old wife and 22 year-old duaghter - cuurently has no income other than £90 a month pension from latvia. I don't think the wife can sign-on as unemployed as she is ill.

Ironically, client has told me he worked for 11 months between June 2004 and May 2005, whereas the Jobcentre has stated - on two decision notices - that he worked between June 2004 and June 2006. He was 65 in July 2006.

Any ideas?

hmmm ... tricky little buggers these ones

your q. puzzles me somewhat re : j.s.a, because of contribution conditions i'm assuming you mean income-based, and if he's been receiving that (it may be me being silly) shouldn't he just automatically qualify for pension credit. this benefit can be claimed by either a man or woman once they reach the age of 60.

the a8 rules came in on 01/05/04, and if your cl. was employed in registered work for 11 months between june 04 and may 05, this may have given him the right to reside / j.s.a ?

from what you're typing i'd say cl. should qualify for p.c, but if anybody else has any ideas ...

good luck

pete

I may be able to help

In relation to your first query about an A8 national who has worked less than 12 months and eligibility for pension credit.

The answer is probably no because they are still subject to registration requirements and have no right to reside unless they are in registered employment, self employed, family member etc.

However i note that you say they get JSA after working less than 12 months in registered employment - they should not be eligible for JSA as the retention of worker status rules do not apply to those that have not completed 12 months registered work.

In relation to the second point about someone who has completed 12 months and eligibility for PC.

Once A8 nationals have completed 12 months registered employment they are treated as any other EEA national. This does not mean that they have access to all benefits. They still have to have a right to reside like any EEA national. The question is if they claim PC, on what basis do they have a right to reside?

On the facts provided there seem to be two ways in which your person can have a right to reside and therefore claim PC, HB etc.

1) He comes within a group who have a permanent right of residence - (Reg 15, SI 2006 No 1003). The route that may be applicable is that of a retired worker (Reg 5, SI 2006 No 1003).

To qualify the person must have worked for at least 12 months immediately before his 65 birthday (check Reg 5(7) for what is treated as a period of activity even though it is not work - ie involuntary employment) and he must have resided in the UK for a continuous period of 3 years prior to his 65th birthday.

2) a more tortuous route (coutesy of Martin Williams) and one that is only a temporary solution relates to retaining worker status.

Assume your person has done 12 months registered employment and then is made involuntarily unemployed. If he is registered as a jobseeker with the JC+, he retains his worker status and can get paid JSA. (he could get JSA anyway but it is important for the argument that the basis of receipt of JSA is because he is a worker who has retained that status rather than a jobseeker with a right to reside because of Reg 6(1)(a) SI 2006 No 1003)

However, when he hits 65 JSA is no longer payable. He has to claim PC, but he will not now retain his worker status unless he is registered with the JC+ as a work seeker.

In other words he cannot retire. He has to be a jobseeking PC claimant. This will continue for as long as he can show that he has a reasonable prospect of employment or he has completed 5 years of lawful residence and can claim a right of permanent residence.

You may face DWP intransigence about the retention of worker status when switching between categories or if there is a break between claims - these points are arguable.

Hope this helps

Many thanks for this. One problem is that client adamant he only worked for 11 months, whereas DWP appears happy he worked for two years! (which is why they awarded JSA).

Other issue is an overpayment of HB which arose after JSA was cancelled on 65th birthday - can't see any way round it being recoverable.

I'll go into this in more detail in a week's time - off for a week's break in 5 minutes.

Thanks again.

that was a brilliant response and i've printed it off for future reference ...

... however, if client worked for 11 months out of the 12 as registered doesn't this give him right to reside and same rights as uk citizens, ie : to be able to claim benefits. my understanding is a person can have a break of up to 1 month in the 12 month period to satisfy the registered worker scheme ?

re : h.b overpayment.

i assume this arose because cl. failed to respond to (or didn't receive) LA letter advising them that they have been informed by jcp their j.s.a had ceased ?
rememeber, you can always ask the LA to use their discretion not to recover it if you feel you cannot appeal h.b overpayment.

pete

the one month break covers time between changing jobs... not at the end of employment... still needs a 12 month period