Presentation on theme: "EU nationals and benefits Update on 2014 changes"— Presentation transcript:
1EU nationals and benefits Update on 2014 changes Patricia Carty, Law Centre (NI)September 2014
22014 changes1 January 2014Romanians and Bulgarians got full EU rightsIB JSA claims – 3 month residence in common travel area rule – in addition to habitual residence and R2R testTighter definition of jobseeker and worker status20 January 2014New tougher habitual residence test
32014 changes1 March 2014introduction 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 2014Housing 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
42014 changesJuly 2014Child benefit and child tax credit - introduction of 3 month living in United Kingdom ruleFirst “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
52014 changes6 October 2014Tougher habitual residence test will apply to ESA, Pension Credit and Income SupportThe minimum earnings threshold will be introduced for ESA, Pension Credit and Income Support
62014 changesNovember 2014There will be further changes to the 6 month period of entitlement to JSA. In some cases claimants will only receive three months of JSA
7First things first Clarify the person’s immigration status EEA nationalFamily member of EEA nationalBritish citizenRefugeeOther immigration statusType in title textType in first point, then return, type second point: bullets will come on automaticallyType in third point/return/click on ‘increase list level’ arrow to make your next point a sub-point, type it/return/ arrow for another level of bullet/return/use ‘decrease list level’ arrow to bring back a main bullet, type textGo to Home/new slide/OK
8Don’t give immigration advice – refer to someone authorized to do this.
9Who 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, UKIceland, Norway, LiechtensteinSwiss nationals have the same rights as EEA nationals
11A2 NationalsRomania 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
12Habitual residence Habitual residence in Common Travel area – United KingdomThe Channel IslandsIsle of ManRepublic of IrelandNow for income based jobseeker’s allowance aperson must also have been living in common travelarea for three months – also entitlement to incomebased jobseeker’s allowance no longer leads toentitlement to housing benefit as a jobseeker
13EEA national – Extended right of residence JobseekersWorkersThose retaining worker statusThe self employedSelf sufficientStudents
15JobseekersMust be able to show a genuine prospect of getting employmentAfter 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
16JobseekersFrom 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 benefitThose 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.
17WorkersNew rules affect EU workers and former workers
18WorkersWorker status is important as workers are exempt from restrictionsNew 2 tier testMinimum earnings of at least £149 per week for three months; or elseConsidering number of hours, duration, rate of pay is work genuine and effective and not marginal and ancillary
19Self -employedNew rules affect the self employed
20Self employedA 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 periodAll the facts will need to be looked at
21Worker/ self employedIf a person has worker or retained worker status s/he will be entitled to benefitsIf a person has self employed status or retains it due to an interruption caused by incapacity s/he will be entitled to all benefitsHousing benefit may be affected by these rules
23Family members of a qualified person have a right to reside
24Permanent right of residence 5 yrs residence as a qualified person or family member of qualified personPeople retiring who have been in UK for 3 years and have worked for preceding yearPeople incapacitated who worked in UK for 2 years or incapacitated due to work
25Primary 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
26Feel 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!