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pregnant lone parent
EU National with two children both born in UK since 2016 and pregnant again, due Feb 2019. Non EU partner has been removed from property and assumption currently is that he will not return.
My client was working 16 hours and now can’t due to child care requirements and stress of current circumstances.
Does she have retained worker status if I can argue that she is suffering a pregnancy related illness even if she is not in “late” pregnancy yet? Does she have to claim ESA in that case or can she have retained worker status due to ill health but claim IS as the carer of children under 3?
Thanks.
Need more facts, such as is she still in employment but on maternity leave? How long has she been working in the UK for? Has she registered with the job centre? Etc!
sorry, thanks for replying, I forgot I posted.
Has not been working for about the last 2 weeks due to health but has not given notice yet and not signed on at jobcentre. Been in UK since October 2016 and working for most of it except 3 - 4 weeks following the birth of each child, one in November 2016 (v pregnant on arrival to UK) and one in November 2017. Husband with no recourse was providing childcare while she worked 16 hours or so. CB was originally denied due to the minimum income threshold but has recently been awarded after a request to review the evidence of employment and earnings. We were waiting for a decision on tax credits when the family had this change of circumstances.
Options (broadly, depending on the particular facts), in no particular order:
1. Stay in employment and go on maternity leave (paid or unpaid) with aim of returning to work as soon as ML period ends. Claim IS (if income low enough) as a worker under Saint Prix rights.
2. Leave job, register with jobcentre, claim JSA/IS and look for work. See Elmi in the court of appeal for relevant facts.
3. Stay in employment and go on sick leave (paid or unpaid). Claim IS. Right to reside as a worker
4. Leave employment and claim ESA. Right to reside on grounds of temporary incapacity. Must have a realistic intention of going back to work.
Options (broadly, depending on the particular facts), in no particular order:
1. Stay in employment and go on maternity leave (paid or unpaid) with aim of returning to work as soon as ML period ends. Claim IS (if income low enough) as a worker under Saint Prix rights.
2. Leave job, register with jobcentre, claim JSA/IS and look for work. See Elmi in the court of appeal for relevant facts.
3. Stay in employment and go on sick leave (paid or unpaid). Claim IS. Right to reside as a worker
4. Leave employment and claim ESA. Right to reside on grounds of temporary incapacity. Must have a realistic intention of going back to work.
Nevip- in your option 1, if the client is still subject to a contract of employment she does not need to rely on Saint Prix- she is actually still a worker.
Options (broadly, depending on the particular facts), in no particular order:
1. Stay in employment and go on maternity leave (paid or unpaid) with aim of returning to work as soon as ML period ends. Claim IS (if income low enough) as a worker under Saint Prix rights.
2. Leave job, register with jobcentre, claim JSA/IS and look for work. See Elmi in the court of appeal for relevant facts.
3. Stay in employment and go on sick leave (paid or unpaid). Claim IS. Right to reside as a worker
4. Leave employment and claim ESA. Right to reside on grounds of temporary incapacity. Must have a realistic intention of going back to work.Nevip- in your option 1, if the client is still subject to a contract of employment she does not need to rely on Saint Prix- she is actually still a worker.
Quite right Martin. An oversight on my part. Thank you.
Amend 1. to read, stay in employment and go maternity or leave or employment and go on maternity leave….etc
[ Edited: 2 Oct 2018 at 01:16 pm by nevip ]