A8 nationals
Who are they?
Nationals of the eight countries that joined the EU in May 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.
There are special rules about how people from these countries can work in the UK and these affect their eligibility for housing and housing benefit. In most cases, unless they have dual nationality of another EEA member state or are married to a UK national, they can only start work if they register on the workers registration scheme. They have to continue to be registered on the scheme for the first 12 months of their employment. Once they have done this they get the same rights as other EEA workers.
The rules for people from these eight countries who live in the UK and are self-employed, students or self-sufficient people are the same as for other EEA nationals.
What documents do they have?
Nationals of these countries have passports or ID cards from the relevant country. If they are registered on the worker registration scheme (WRS) they have a WRS card and a certificate covering the current employment. If they have applied they may have a copy of the application for the card or certificate.
What are their housing rights?
A8 nationals who are working are eligible for an allocation of housing from the council and homelessness services if they:
started work within the last month OR
have applied to register on the WRS within the first month OR
have registered on the WRS.
A8 nationals who are self-employed are eligible for council housing allocation, homelessness services and housing benefit.
A8 nationals who have worked for 12 months on the WRS have the same rights as other EEA workers and self-employed people.
A8 nationals who are students or self-sufficient persons or have a permanent right to reside have the same rights as other EEA nationals.
All A8 nationals can get accommodation from housing associations.
Further information on relevant regulations.
Are there any particular problems?
There is a common myth that A8 nationals on the WRS do not have housing or benefit rights until they have worked for 12 months. This is simply untrue. However, A8 workers do not have the same rights as other EEA workers for the first 12 months because they do not keep their rights to reside (and benefits and housing) if they stop working. They become ineligible if they stop working but become eligible as soon as they start work again. This can cause particular problems.
What are their rights to housing benefit (HB) and council tax benefit (CTB)?
Self-employed persons and workers
A8 nationals who are self-employed including those who are temporarily unable to work due to sickness or injury are eligible for HB/CTB.
A8 nationals who are working are eligible for HB/CTB if any of the following apply:
they started work within the last 30 days
they have applied to register on the WRS within the first 30 days of work
they have registered on the WRS.
In addition, certain A8 nationals who are in work but who are not required to register on the WRS will also be eligible for HB/CTB. A8 nationals not required to register for work are:
A person who had leave to enter or remain in the UK on the 30 April 2004 which was not subject to any condition restricting employment
A person who, on the 30 April 2004, had been working legally (i.e. with leave) for a continuous period of 12 months (ie to be legally working they must have had an appropriate form of leave)
A person who has been legally working (ie registered on the WRS) for a continuous period of 12 months that began partly or wholly after 30 April 2004
A person who has dual nationality as a UK national or a national of another EEA State which is not an A8 state or Bulgaria or Romania (ie a person who has dual nationality)
A person who is a family member of an EEA national who has the right to reside (other than a national of an A8 state or Bulgaria or Romania)
A person who has been posted to work in the UK by an organisation that is based in another EEA member state.
All other A8 nationals
A national of an A8 state who:
is a person who has completed 12 months' continuous work on the WRS
is a person who would otherwise not be required to register for work if they were working
is a student; or
is a self-sufficient person;
will be treated the same as other EEA nationals and will have the same rights whether they are in or out of work. All other A8 nationals who are not in work will not be eligible for HB/CTB.
Are there any particular problems?
There is a common myth that A8 nationals on the WRS do not have rights to HB/CTB until they have worked for 12 months. This is simply untrue. However, A8 workers do not have the same rights as other EEA workers for the first 12 months because they do not keep their rights to reside (and HB/CTB) if they stop work. They become ineligible if they stop work but become eligible as soon as they start work again but only if they make a fresh claim
