1. EU nationals and benefits Update on 2014 changes
Patricia Carty, Law Centre (NI)
September 2014

2. 2014 changes
1 January 2014
Romanians and Bulgarians got full EU rights
IB JSA claims – 3 month residence in common travel area rule – in addition to habitual residence and R2R test
Tighter definition of jobseeker and worker status
20 January 2014
New tougher habitual residence test

3. 2014 changes
1 March 2014
introduction of minimum earnings threshold to determine if a person is a worker or self employed person – this may exclude some workers from housing benefit and other means tested benefits.
1 April 2014
Housing benefit amended so that if a person’s only right to reside is as an EU jobseeker s/he will not be entitled to housing benefit

4. 2014 changes
July 2014
Child benefit and child tax credit - introduction of 3 month living in United Kingdom rule
First “genuine prospect of work interviews” for EU nationals who have been on jobseeker’s allowance six months – those who fail are being refused means tested benefits including housing benefit

5. 2014 changes
6 October 2014
Tougher habitual residence test will apply to ESA, Pension Credit and Income Support
The minimum earnings threshold will be introduced for ESA, Pension Credit and Income Support

6. 2014 changes
November 2014
There will be further changes to the 6 month period of entitlement to JSA. In some cases claimants will only receive three months of JSA

7. First things first Clarify the person’s immigration status
EEA national
Family member of EEA national
British citizen
Refugee
Other immigration status
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8. Don’t give immigration advice – refer to someone authorized to do this.

9. Who is an EEA national?
28 EU states: Austria, Belgium, Bulgaria, Croatia (subject to labour market restrictions) Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK
Iceland, Norway, Liechtenstein
Swiss nationals have the same rights as EEA nationals

10. Check any passport or residence documents

11. A2 Nationals
Romania and Bulgaria joined EU on 1 January 2007 and from 1 January 2014 nationals of Romania and Bulgaria have full access to the UK labour market

12. Habitual residence Habitual residence in Common Travel area –
United Kingdom
The Channel Islands
Isle of Man
Republic of Ireland
Now for income based jobseeker’s allowance a
person must also have been living in common travel
area for three months – also entitlement to income
based jobseeker’s allowance no longer leads to
entitlement to housing benefit as a jobseeker

13. EEA national – Extended right of residence
Jobseekers
Workers
Those retaining worker status
The self employed
Self sufficient
Students

14. Jobseekers
New rules affect Jobseekers

15. Jobseekers
Must be able to show a genuine prospect of getting employment
After 6 months on JSA an EEA national’s income based jobseeker’s allowance will end unless s/he can show compelling evidence of a genuine prospect of getting work

16. Jobseekers
From 1 April 2014 if a person’s only right to reside is as an EEA jobseeker then s/he will not be entitled to housing benefit
Those entitled to housing benefit and income based jsa on 1 April 2014 will have transitional protection until there is a change of circumstances or until jobseekers allowance is removed.

17. Workers
New rules affect EU workers and former workers

18. Workers
Worker status is important as workers are exempt from restrictions
New 2 tier test
Minimum earnings of at least £149 per week for three months; or else
Considering number of hours, duration, rate of pay is work genuine and effective and not marginal and ancillary

19. Self -employed
New rules affect the self employed

20. Self employed
A similar minimum earnings rule will apply but guidance recognises that those who are self employed may not earn this during especially during a start up period
All the facts will need to be looked at

21. Worker/ self employed
If a person has worker or retained worker status s/he will be entitled to benefits
If a person has self employed status or retains it due to an interruption caused by incapacity s/he will be entitled to all benefits
Housing benefit may be affected by these rules

22. Other rights to reside

23. Family members of a qualified person have a right to reside

24. Permanent right of residence
5 yrs residence as a qualified person or family member of qualified person
People retiring who have been in UK for 3 years and have worked for preceding year
People incapacitated who worked in UK for 2 years or incapacitated due to work

25. Primary Carer of a child of a former worker who is in education – Generally up to 18 – may apply up to 21 if child still in education

26. Feel free to phone the Law Centre – our advice line is open from 9
Feel free to phone the Law Centre – our advice line is open from 9.30 – 1pm each day. Telephone Also come along to our practitioner groups and training events!