Income Support - Am I Entitled?

denisa81

Please help, I have tried everything.

I am a Polish national (A8) and was recently refused a claim for IS on the basis that I am a person from abroad and (for the benefit purposes) without the right to reside in the UK.

I worked in the UK for over a year when I was unfairly constructively dismissed from my employment. I then immediately applied for JSA which was approved, but due to my pregnancy, nobody offered me a job.

Seeing I was getting nowhere in getting a job, I embarked on SAGE Level 2 vocational training and also ESOL course to improve my English and skills.

When I was 11 weeks from the due date, my advisor at the Jobcentre suggested that, considering my circumstances, I should claim IS instead of JSA which I did. Worth mentioning I was unemployed for less than 6 months before claiming IS.

But the claim for IS returned back as disallowed. The decision maker argued that according to Immigration Regulations 2006 (Reg. 6) I do not have a right to reside in the UK. In another explanatory letter form the advisor he mentioned that he used ELMI case, which in my view is not relevant.

So far, all my attempts to get a professional help have failed. I paid a substantial sum to a lawyer who was totally rubbish and also at the CAB they were unable to help.

I am now studying the law myself during the evenings but it is so frustrating and confusing as I am only an accountant by trade, not a lawyer.

So far, according to the aforementioned regulations I should be eligible but for some reason, the decision makers do not want to take the regulations into consideration:
“Qualified person”
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;
(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—
(i)he was employed for one year or more before becoming unemployed;
(ii)he has been unemployed for no more than six months; or
(iii)he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;
(c)he is involuntarily unemployed and has embarked on vocational training; or
…

I am now only 3 weeks before my due date and the thought of having no income is making me unwell.

The question is, as EEA national and considering my circumstances, am I eligible for IS? Is it possible to lose worker status only because I am pregnant?

You see, it seems to be quite unfair for a person, who legally worked in the UK, not to receive IS. After all, I will be off work only temporary.

I have to say that I will appreciate greatly any help I can get. I do not know if that is allowed but for any substantial help I will be able to make a donation through PayPal.

If you have any ideas please let me know. Thank you…

sleepless_saver

For what it's worth I think you were given bad advice to claim IS rather than JSA.

For an expert view, you could try contacting CPAG, as benefits entitlement of pregnant EEA migrants who have been but are no longer in employment is an issue they have been pursuing. They will be up to date with case law. NB they are not an advice agency, but are well up on benefits issues.

Poppie68

sleepless_saver wrote: »

For what it's worth I think you were given bad advice to claim IS rather than JSA.

For an expert view, you could try contacting CPAG, as benefits entitlement of pregnant EEA migrants who have been but are no longer in employment is an issue they have been pursuing. They will be up to date with case law. NB they are not an advice agency, but are well up on benefits issues.

OP was in reciept of JSA, advisor advised her 11 weeks before her due date she would be better claiming IS..not the advisors fault as usually a single mother would be able to claim IS.
OP you maybe in for a long haul waiting to claim IS as there is an issue with EEA migrants being able to claim IS, hopefully the father will help!

baza52

Perhaps if you returned to Poland you could get help there?

oldhand

baza52 wrote: »

Perhaps if you returned to Poland you could get help there?

Very unkind,the ladies only seeking help.

Poppie68

oldhand wrote: »

Very unkind,the ladies only seeking help.

I don't think baza was being unkind...he put a ? at the end which to me means he is asking a valid question!

When_the_going_gets_tough

This is a very complex area and you really need to find a welfare benefits organisation that can help you. What is available will depend where you live. You can try reading the advice on Adviceguide - the CAB website for the public. There has been a very recent case on this issue - try googling pregnancy and income support- but I am not sure it has passed into law yet. I do think you will have trouble claiming IS and with it housing benefit. In the absence of a successful claim for IS you could approach your local social services department as you are - or soon will be a vulnerable person - but I am not sure what help they will give you. As another poster has said your only other option might be to return to Poland.

NYM

I can't help with any advice unfortunately, but I just wanted to say that your 'English' is amazing !

denisa81

Thank you all for your kind words...

As in the previous post, I can legally be here and I have a national insurance number and everything I need to be here in the UK.

I previously claimed JSA without any problem but then again, when the employers saw I am pregnant, I got nowhere.

As far as I am concerned, there are different rules that apply when an EEA national wants to claim Income Support as he seems to lose the "worker status".
But the question is, as I cannot look for work (and be available to work) during the last stage of the pregnancy how will I satisfy the requirement to retain a worker status? In another words, I am all good when I "tick the box" as a jobseeker, but there is no help whatsoever if I apply for Income Support as I do not look for work anymore. Moreover when I was legally employed for a year or so. This is very strange.

I know this is complicated and all and believe you me - I am sick of it.

But I also understand where you are coming from. As a non-UK citizen asking for a financial help I appreciate that some of you might get upset. Especially with so many benefit tourists around. I want to say that in no way I want to drain the benefit system but at present the situation is such that I have to apply for something. I have had a difficult pregnancy so traveling abroad is also out of the question, especially this late. It is apparent that whoever suggested it was a male I always worked and paid my taxes and will as soon as I am able to.

I read above that there is a test case in progress which Child Poverty Action Group is at the moment pursuing and I would really like to know what case is that and how far they got.

Do you have any info about this? Thank you again

NYM

Is this the one you wanted info about ?

http://www.cpag.org.uk/content/saint-prix-v-dwp-pregnancy-and-right-reside

baza52

oldhand wrote: »

Very unkind,the ladies only seeking help.

Not unkind at all.
If I were living in Poland and could not support my family I would move back to the UK where I would get help.