Welfare Benefits for EEA Nationals

By: Syed Habibullah

Who is an EEA National?

• All EU nationals Plus nationals of

Iceland, Liechtenstein and Norway.

• From 01/06/02, Swiss nationals

generally treated in same way as EEA

nationals.Note: Croatia joined EU on 1 July 2013. Additional restrictions on

them until 30 June 2020.

EEA nationals—hurdles to benefitEvery benefit claimant has to fulfil some

presence and residence requirements as

well as Habitual Residence Test . Of

these, Habitual Residence Test (HRT) is

the most problematic for EEA nationals.

Habitual Residence Test (HRT)—consists of:

• Right to Reside (RtR), and

• Habitual Residence in fact.

Of the two, the practical difficulty is

usually with RtR. For means tested

benefits, an EEA national either has

to have RtR or be exempt from it.

Who has the Right to Reside?

o EEA nationals during their first 3

months of stay (further restrictions in 2014, see

later)

o A qualified person —5 categories.

o Family members of a QP

o Those with a ‘derivative right to

reside’

o Those with a permanent right to

reside

Who is a qualified person?

• Worker (Or if retained worker status)

• Self-employed

• Self-sufficient (Or if retained this status)• Self-sufficient student

• Jobseeker (Further restrictions from 2014)

Who is a worker?Since 01/03/2014, two tier test:

Tier-1: have earned MET p/week for 3

continuous months = Worker

Tier-2: If fails T-1 test, a more thorough

check of your circumstances. Worker if your

activity is or has been genuine & effective

and not marginal & ancillary

Self-employed

Similar T-1 &2 tests but allows for

periods of relative inactivity or low

income

Can retain Worker/ self-employed

Status if:

• Temporarily unable to work—illness/

accident.

• Invol unemployed & regd as

jobskeer.

Self-sufficient people:

• Income is above applicable amounts for

MTBs. Can cover accommodation &living costs (with help from friends/ family)

• Comprehensive sickness insurance

• No longer S-sufficientstill may pass RtR

test if claim is not unreasonable burden

on social assistance system

Jobseeker

Since 1/1/14, for RtR as a JS, must satisfy, both

A & B:

A Either:

o Have entered the UK to seek

employment; OR

o present in UK seeking employment,

immed after enjoying a RtR as a worker, S-E,

S-S or student; &

B Evidence that seeking employment &

genuine chance of being engaged.

Further Restrictions for JSs

From 01/01/14: For IBJSA, must have

lived in CTA for min 3 months (unless

exempt from HRT).

From 01/04/14 EEA nationals relying

solely on being a JS for their RtR

cannot claim HB

Length of RtR as a JS

From 10/11/14 A JS can only have RtR for upto 3

months. After that must show compelling evidence

of being engaged. But, if you have retained status

as a worker, can stay on JSA for:

• Upto 6 months if have worked less than 1 yr;

• For longer if have worked for more than a yr.

DWP guidance after Elmi (CA)• Where an EU national makes a claim for IS,

ESA(IR)/ SPC &

• Has worked in UK but currently unemployed &

• Has declared on claim form or otherwise in course of

making claim (including on habitual residence form) that

looking for work, but has not claimed JSA/ NI

credits or has but such claim failed

• Result: claimant is not a PFA/ person not in GB.

Jessey Saint Prix on IS CJEU: Pregnant, gives up work, but wishes to

return to find a job within a reasonable

period after birth, retains RtR.

UK Govt: IS (if not entitled to SMP/MA) for 26 wks

starting no earlier than 11 wks b4 expected

due date and finishing no later than 15 wks

after birth.

Family Members of EEA nationals• Their Spouse/Civil Partner

• Their or their spouse/CP’s Child, grandchild

or great-grandchild, under 21 yeas of age;

• Above people, whatever the age, if

dependant on the EEA national;

• Their dependent parent, grandparent or

great-grandparent

Dependence: Case lawprinciples• Irrelevant whether alternative sources of

support available

• Support must be ‘material’ though not

necessarily financial, & must contribute

towards ur basic necessities.

• U remain a spouse or CP even if separated.

Extended Family members

• Partner, in a durable relationship

• Dep relative who would satisfy the immigration

rules for ILR as a dep relative if the EEA

national was present and settled in UK;

• But EFM no RtR unless issued with an EEA

family permit, a registration certif or a

residence card.