lifeintheuktest
10 years ago

I'll try and explain the situation as short and clear as I can:


I am an EEA national and I have lived in the UK for 4 years. During the first year and a half I worked without a contract for three different employers. Eventually I found a job with contract however a temporary one, for just one month.


After it ended I claimed Jobseekers Allowance and Housing Benefit, which were both awarded. I remained being a jobseeker until one year ago I was referred to the Work Programme.


Prior to this I began to have health issues that gradually got worse, but I still continued to look for work. At one point however I became too ill and at the end of January my GP signed me off Jobseekers Allowance and gave me a 10 week sick note. I was told at the Jobcentre I had to claim Employment and Support Allowance, which I did, over the phone.


A few days later I received a printed copy of my telephone application, which I revised and I phoned the ESA helpline to tell them about some details they needed to know. I was told I had been sent Habitual Residence Test and Right To Reside forms in the mail for me to complete and send back together with a copy of my passport. I eventually had to collect these forms in a Jobcentre as they never arrived in the mail, I filled them in and sent them with a copy of my passportat the end of February.


Since then I have been told by the ESA call centre people my application is waiting for a decision to be made regarding the HRT and RTR tests. Last week I received a form from Atos Healthcare, a form called Limited Capability For Work Questionnare that I need to fill in and send back. But as of yet I have not received any payment.


I am still sick for most days, but over the past two weeks I have began to feel gradually a bit better, possibly because of the new medication I started to take after a hostpital's visit. Because of this I felt capable to apply for a few job vacancies, and yesterday I was offered a part-time job, a very flexible job that I think I could try to do. The hours would be 24 per week over three days.


My questions would be:


1 - I understand that under the new laws for EEA nationals regarding benefits and their worker status in the UK, for me to have a Worker status I need to work in a long term job that pays at least £150 per week, this is called a Minimum Earning Threshold. The job I have been offered meets these conditions, however at the last minute I was told the contract I would sign would be of 8 hours per week only, even though I would be working 24 hours. I would like to know if this makes this job invalid to meet the Minimum Earning Threshold, even though in my payslip it would say I have worked for 24 hours weekly?


2 - If I accepted this job, how would this affect my ESA claim, and would I have to cancel the claim before signing the contract? Would I need to go to my GP to have her stop my sick note before I signed the contract? Would I get any backdated payments for the period of time I was sick and unable to look for work?


3 - If I accepted this job, would my Housing Benefit be affected, under the new rules of Housing Benefit that started on the 1st of April for EEA nationals? Many thanks in advance for any help.

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