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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA and A8 nationals

coldbather
forum member

Davies Gore Lomax, Leeds

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Total Posts: 10

Joined: 15 July 2010

Hello, can an A8 national claim ESA income based whether they have completed WRS or not, if they ceased work due to ill health?

If an A8 becomes ill whilst claiming JSA would this disallow them from claiming ESA income based?

Could a claimant for ESA on the ‘work-related group’ be consdiered to be seeking work as they are taking steps toward finding work through ‘work related activities’?

“Qualified person”
This section has no associated Explanatory Memorandum
6.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—

(a)a jobseeker; .
(b)a worker; .
(c)a self-employed person; .
(d)a self-sufficient person; or .
(e)a student. .
(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—

(a)he is temporarily unable to work as the result of an illness or accident;