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Top Other benefits topic #2054

Subject: "a8 national ..." First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

a8 national ...
Tue 06-Jan-09 03:26 PM

happy new year strangers !!!
have a bit of a pickle here (i think ?) and wanting to bang a few heads together to see if me and my colleague are heading down the right way, so without further ado ...

have a cl. who :
is from lithuania.
arrived in u.k with two children mid-june 08 and has husband in lithuania who will be coming to u.k shortly.
began work as a consultant psychiatrist 01/07/08 and earns approx. £80.000.00 per annum.
this work was not registered with the home office within the one month time limit and therefore from the 01/08/08 it would appear cl. employment has been illegal.
is pregnant and baby due 17/03/09.
has no savings and rents property.
has been advised by her employer that doesn't qualify for s.m.p because she has not worked there long enough.
wants to know what benefits she can claim when gives up work because of pregnancy.

my concerns are :
cl. has been employed illegally since 01/08/08.
this means that she has not been legally economically active since then.
this could take away any entitlement to m.a, but because cl. has not worked for 12 months (11) registered with the home office she would not qualify for m.a and, or other benefits anyway.
however, cl. would qualify for c.b because this benefit not affected by a8 benefit rules.
i think cl. is unable to claim m.a, h.b / c.t.b, c.t.c when she ceases work because of pregnancy because she has not been in home office registered employment for the required 12 months, and has also been illegally employed since 01/08/08.

any thoughts greatly appreciated and have a good week all ...

pete

  

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Replies to this topic
RE: a8 national ..., ariadne2, 06th Jan 2009, #1
RE: a8 national ..., Sayo, 11th Jan 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: a8 national ...
Tue 06-Jan-09 07:00 PM

Actually it's worse than that as she has been illegally employed all along - it's only if you register within the month that your work is then retrospectively validated to the date you started.

Her employer is right up the creek too as they are committing an offence by employing her illegally. I don't think she could ever have become entitled to SMP as her contract is illegal.

She'll just have to get her husband over here PDQ and hope he has a job to go to and registers the damn thing.

  

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Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: a8 national ...
Sun 11-Jan-09 07:50 AM

a warm sunday morning hello ariadne2
and i thought that's the response i would get due to the illegality of her employment ...
in technical terms, " she's stuffed mate" !
well, i'm off to get the sunday paper then it's fresh coffee and thick-cut marmalade on very thick sliced bread with real butter, yummy !!!
thanx for the reply and hope you're having a mellow weekend ?

pete

  

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Top Other benefits topic #2054First topic | Last topic