Migrants’ Access to Benefits October 2014

The measures described in these slides will help ensure that only those who come to the UK to work and have a realistic chance of finding work, are able to access the benefits system. In doing so they support the Government’s intention that migrants come here “because they want to contribute to our country, not because they're drawn by the attractiveness of our benefits system.” Throughout these slides we refer to ‘jobseekers’ and ‘retained workers’. These are ‘right to reside’ statuses that apply to EEA nationals. ‘Jobseekers’ should not be taken to mean all JSA claimants in the context of these slides. Migrants’ Access to Benefits

Background In March 2013, the Prime Minister first announced two measures which would be implemented by DWP: –A new electronic Habitual Residence Test (e-HRT) IT system, which went live in December 2013; and –Introduction of a time limit on EEA ‘jobseekers’ or EEA nationals who retain their ‘worker’ status entitlement to Jobseeker’s Allowance (JSA), through the Genuine Prospect of Work (GPoW) assessment, which applies to JSA (IB) new claims made on or after 1 January 2014.

Migrants’ Access to Benefits On 27 November 2013, the Prime Minister announced further measures restricting migrants’ access to benefits. These were to: –Ensure most claimants have been living in the UK or Republic of Ireland, Channel Islands or Isle of Man (the Common Travel Area) for three months immediately prior to making a claim to JSA (IB) as well as satisfying the Habitual Residence Test, this was introduced from 1 January 2014; and –Introduce a Minimum Earnings Threshold (MET) to support assessments of whether an EEA national who has made a claim to JSA, is or has been in genuine and effective work, introduced for JSA (IB) 1 March 2014, and extended to IS, and ESA claims and IS/JSA rapid reclaims from 6 October 2014; and –Removal of access to Housing Benefit (HB) for EEA ‘jobseekers’, even if they are getting income-based JSA, applied from 1 April 2014.

Migrants’ Access to Benefits More recently, further changes were announced which apply from 10 November These are: –an EEA ‘jobseeker’ will be subject to a Genuine Prospect of Work (GPoW) assessment three months (91 days) after the start of their claim to JSA (IB), however ‘retained workers’ will still be subject to a GPoW six months after the start of their claim to JSA (IB); and –UK, EEA and non-EEA ‘posted workers’ who were abroad but were still contributing to the UK economy by paying UK class 1 or National Insurance contributions at some point during the three months prior to making their claim, will not be subject to the three month residency requirement in place since 1 January 2014, to ensure they are not adversely affected by the three month residency requirement.

Migrants’ Access to Benefits The three month residence requirement The three month residence requirement came into effect for new claims to JSA (IB) from 1 January The majority of claimants will need to provide documentary evidence to prove they have been living in the UK or the Common Travel Area continuously for a period of three months, immediately before claiming, as well as satisfy the Habitual Residence Test, to make a successful claim to income-based JSA. This measure equally applies to British nationals, EEA and non-EEA nationals returning to the UK after a temporary period living abroad, equivalent to 13 weeks during the last two years.

Migrants’ Access to Benefits Minimum Earnings Threshold (MET) Applies to JSA (IB) new claims from 1 March 2014, the MET further supports Decision Makers in determining whether an EEA nationals employment is ‘genuine and effective’ rather than ‘marginal and ancillary’. This affects whether they have the right to reside in the UK as a ‘worker’, ‘retained worker’ or ‘self-employed’ person. Where the employment earnings meet or exceed the MET for the last three consecutive months, their work may be treated as ‘genuine and effective’. Where this is not met the Decision Maker must look further at the nature of their work and earnings to see if it can be treated as ‘genuine and effective’ for other reasons. From 6 October 2014, the threshold was extended to ESA and IS claims and JSA/IS Rapid Reclaims. As of 1 December 2014, the threshold will also apply to Pension Credit new claims.

Migrants’ Access to Benefits Housing Benefit From 1 April 2014, an EEA national who has a right to reside in the UK as a ‘jobseeker’ will no longer have access to Housing Benefit, even when they are entitled to income-based JSA. Those EEA ‘jobseekers’ who are entitled to Housing Benefit on 31 March 2014, will retain their entitlement unless their JSA or Housing Benefit claim ends. If they reclaim either benefit, they will not be entitled to Housing Benefit.

Migrants’ Access to Benefits Genuine Prospect of Work (GPoW) assessments (6 months) From 1 January 2014, new EEA national JSA (IB) claimants are identified and informed of the GPoW six month intervention and how it will affect them, via a conversation and a ‘Factsheet’, issued at their New Jobseeker Interview. From 1 July 2014, the first GPoW interviews took place. The assessment checks the evidence that the claimant provides to determine whether they have a genuine prospect of work, in which case a limited extension to JSA may be granted. Unless there is compelling evidence, JSA (IB) will cease after six months. The maximum extension that can be considered is three months.

Migrants’ Access to Benefits Genuine Prospect of Work (GPoW) assessments (EEA jobseeker – 3 months) From 10 November 2014, an EEA national with a right to reside as a ‘jobseeker’ will be subject to a GPoW assessment three months (91 days) after the start of their claim to JSA (IB), however ‘retained workers’ will still be subject to a GPoW six months after the start of their claim to JSA (IB) From 9 February 2015, the first three month (91 days) GPoW interviews for ‘jobseekers’ will take place. Like the six month assessment, this checks the evidence that the claimant provides to determine whether they have a genuine prospect of work, in which case a limited extension to JSA (IB) may be granted. Unless there is compelling evidence, JSA (IB) will cease after three months. From 10 November 2014, a new claim to JSA (IB) from an EEA national with a right to reside as a ’jobseeker’ will be identified and informed of the GPoW three month intervention and how it will affect them, via a conversation and a ‘Factsheet’, issued at their New Jobseeker Interview. The maximum extension that can be considered is three months.

11 Department for Work & Pensions Migrants’ Access to Benefits - The Journey Strengthened HRT Min Earnings Threshold (MET) JSA 3 Month Residence Requirement Dec 2013 March 14 Measure 1Measure 2Measure 4 Measure 5Measure 6 JSA 6 Month Time Limit Measure 3 Measures 1, 2, 3, 4, 5, & 6 – already implemented Measure 7 partially implemented – due to be implemented for Pension Credit new claims from 1 December 2014 Measures 8 to follow from 10 November 2014 EEA Jobseeker Removal of Access to Housing Benefit JSA 6 Month Time Limit Review Reached Measure 7 Measure 8 1 Jan Mar Apr Jul 2014 EEA Jobseekers 3 Month Time Limit Review Measure 8 EEA Jobseekers 3 Month Time Limit Review Reached 6 Oct Nov Feb Jan 2014 Extension of MET and eHRT to Pension Credit Measure 7 1 Dec 2014

Migrants’ Access to Benefits - How these measures will work in practice Example 1 Mr Feuer comes to London from France. On 1 September 2014, he makes a claim to income-based JSA. He is subject to the HRT and the Decision Maker (DM) determines that the claimant: has not worked in the UK and does not have retained worker status; does not have the status of a self employed person; does satisfy the requirements to have a right to reside as a jobseeker. However, the three month residency requirement must first be satisfied before the DM can consider whether Mr Feuer is factually habitually resident. In answer to the question in the HRT about when he last entered the UK, he states that this was on 1 August Therefore the DM finds that he has not lived in the UK or the Common Travel Area for three months and therefore cannot be treated as habitually resident. He does not satisfy the three month residency requirement and is not entitled to income- based JSA.

Migrants’ Access to Benefits - How these measures will work in practice Example 2 On 10 November 2014, Mr Feuer again makes a claim to income-based JSA. The Decision Maker determines that the claimant: has not worked in the UK and does not have retained worker status; does not have the status of a self employed person; does satisfy the requirements to have a right to reside as a jobseeker. This time the DM finds that he has satisfied the three months residency requirement. Mr Feuer starts receiving income-based JSA with a date of successful claim of 10 November He will not be entitled to Housing Benefit. He is required to attend a Genuine Prospect of Work (GPoW) interview and assessment on or soon after 8 February 2015, 91 days after his successful claim to JSA.

Migrants’ Access to Benefits Your Role – What does this mean for Customer Representative Groups? Groups may be asked to support both EEA and UK nationals due to the changes so will need to understand the new measures The electronic Habitual Residence Test (eHRT) application which is used to collect the HRT information, will be gathered differently depending upon the benefit claimed and Customer Representative Groups may be asked to support claimants through his process For most JSA and IS claims data gather collection will continue to be conducted face to face at the Jobcentre From 6 October 2014, the eHRT was extended to ESA claims and JSA/IS Rapid Reclaims, the data gather for these claims will be via telephone Staff will continue to follow current Departmental guidance for vulnerable claimants who may require additional support has more information regarding eligibility criteria for each benefitWWW.GOV.UK