EU Nationals with Settled Status and Eligibility for HB

Again another topic I get very confused about re Settled Status in connection with HB.

i)If an EU National is deemed to have Settled Status (“SS”) then am I correct in assuming the said EU National will be able to claim HB if satisfying the other HB eligibility rules.

ii) Is SS gained after the EU National has spent 5 CONTINUOUS years in the UK when having a RTR to be in the UK for the said 5 year period.

iii) Can the 5 year period in any way include periods of sickness whether it be whilst on contractual sick pay, SSP or Cont Based ESA or even IB JSA.

iv) Am I right in believing that SS can be met before the 5 years is up if eg the EU National has been deemed unfit to work due to an accident or picking up an illness whilst at work.

v) Lastly if this is the case can the same client claim IB ESA and HB as a result of being deemed to have SS before the 5 years has been achieved.

Many thanks in advance.

NB If Worker status can be kept due to temporary illness or injury, does the illness/injury MUST be a result of the employment.

An EEA national, or the family member of an EEA national, who spends a continuous period of five years living in the UK in accordance with the relevant legislation (the Immigration (EEA) Regulations 2016 / Directive 2004/38/EC) becomes a permanent resident (this is not strictly the same as settled status). They can then claim any benefits which might be appropriate.

The five years can be made up by any combination of relevant statuses - for instance:

-3 years in one job, 2 years in another job.
-3 years working, 1 year temporarily incapable of work, 1 year working
-2 years as a jobseeker, 3 years working
-2 years working, 3 years married to an EEA worker
-5 years as the dependent child of an EEA worker

In some cases, it is possible to gain permanent residence in less than 5 years. One of these is if you become permanently incapable of work - just “picking up an illness” won’t cut it. For this to apply, you must either have “resided” in the UK for 2 years or show that your incapacity it “the result of an accident at work or an occupational disease entitling the person concerned to a benefit payable in full or in part by a UK institution”.

I think it might be an idea to book yourself on a relevant course if these issues are coming up often and causing you difficulties.

Many thanks for your time.