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Right to reside etc

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Total Posts: 42

Joined: 17 June 2010

Polish Lady came to UK 2006 and either worked or claimed JSA until her son was born on 27/4/16.  She was in receipt of Maternity allowance and then ESA.  She was found fit for work and ESA stopped 8/2/17.  She made a claim for Income Support from 27/2/17 but refused on basis of no evidence of any work between 9/2/17 and 26/2/17 or of any right to reside.  They state that this period cannot be counted towards her gaining permanent right to reside.  I would appreciate any views.
I am thinking if she had appealed ESA would she retain worker status until appeal accepted.  I am interviewing her today

From the other side
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CRU/CARF-FIFE

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Although the DWP have found her fit for work would her GP still have issued a Fit-note stating she was unfit as she may still be able to retain worker status as temporarily unfit for work up until the date she claimed IS. There is no requirement to have claimed ESA to show that you are temporarily unfit for work.

I am sure you will be looking at potential permanent right to reside with the length of time she has been in UK. Without considering whether she had registered initial employment with WRS or relying on TG case for earlier ending of WRS there should hopefully be potential from 30/4/11 to obtain 5 continuous years residing legally as periods on JSA/MA/ESA all count.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Hasn’t she potentially already established a permanent right to reside as a qualifying person either working or jobseeking between 01.05.09 and 31.04.14 at least? Earlier periods of work would need valid WRS registered work to qualify but isn’t she well in the clear?

From Cit A website on PRR

You’re an A8 national if you’re from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia.

If you worked in the UK from 1 May 2004 and 30 April 2009, it might count towards your 5 years continuous work. It’ll count if at least 1 full year of that work was registered with the same employer under the Workers Registration Scheme. Work done after the first year of registered work doesn’t have to be registered.

Check your registration certificate to see if you have at least 1 full year of work registered. The start date of your registered work might be earlier than the date on your certificate - it depends on when you applied for registration.

If you applied for registration within a month of starting work, your work counts as registered from the date you started the job. Otherwise, your work will be registered from the date on the registration certificate.

Due to a recent court judgment work between 1 May 2009 and 30 April 2011 doesn’t have to be registered anymore.

Don’t have handbooks to hand I’m afraid.

Ruth Knox
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Vauxhall Law Centre

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Joined: 27 January 2014

There is also a lot of case law on gaps between ending work (or Maternity Leave) and claiming JSA or ESA.  See CIS/1934/2006, [2009] UKUT 11 (AAC), SSWP v MK [2013] UKUT 0163 (AAC), SWP v MM (IS) [2015] UKUT 0128 (AAC)