Transcript EU nationals and benefits Update on 2014 changes

EU nationals and benefits
Update on 2014 changes
Patricia Carty, Law Centre (NI)
September 2014
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
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
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
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
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
First things first
• Clarify the person’s immigration status
– EEA national
– Family member of EEA national
– British citizen
– Refugee
– Other immigration status
Don’t give immigration advice – refer
to someone authorized to do this.
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
Check any passport or
residence documents
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
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
EEA national – Extended right of
residence
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Jobseekers
Workers
Those retaining worker status
The self employed
Self sufficient
Students
Jobseekers
New rules affect Jobseekers
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
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.
Workers
New rules affect EU workers and
former workers
Workers
• Worker status is important as
workers are exempt from restrictions
• New 2 tier test
1. Minimum earnings of at least £149
per week for three months; or else
2. Considering number of hours,
duration, rate of pay is work genuine
and effective and not marginal and
ancillary
Self -employed
New rules affect the self
employed
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
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
Other rights
to reside
Family members of a
qualified person have a right
to reside
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
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
Feel free to phone the Law Centre –
our advice line is open from 9.30 –
1pm each day. Telephone 90244401.
Also come along to our practitioner
groups and training events!