‘Implications of welfare reform for migrant’s rights and entitlements’ Henri Krishna, Welfare Rights Worker

Migrants and welfare reform Generally, the welfare reform programme affects individual migrant claimants same as anyone else Implications for migrants exacerbated by: ‒Concentration of migrant workers in low paid/insecure jobs; ‒More migrants in private sector housing; ‒More migrants in extended/single person households Some reforms have targeted migrants

Most significant reforms affecting migrants Time limiting for EEA jobseekers/unemployed workers, and the ‘genuine prospect of work test’ (GPOW) Exclusion from housing benefit for EEA jobseekers The ‘minimum earnings threshold’ (MET) Longer ‘past presence test’ and the ‘competent state’ for disability and carers benefits 3 month living-in test for income-based JSA, child benefit and child tax credit Exclusion of EEA jobseekers from universal credit Power to remove contributory/statutory benefit entitlement if visa expires

The genuine prospect of work test Right to reside of EEA jobseekers and those who retain worker status while unemployed limited to 91 days/6 months respectively Only extended if can show ‘compelling evidence’ of a genuine chance of finding/looking for work DWP implement this requirement via the ‘GPOW’ Can only pass GPOW if: Have an offer of a job that starts in next 3 months; or Have a change of circumstances that make it more likely to find work If fail GPOW, lose right to reside and therefore benefit entitlement it gives

What’s wrong with the GPOW? Does not reflect EU legislation or caselaw Is very narrow interpretation of ‘compelling evidence’ What has the person been doing while claiming JSA? Is being applied to EEA claimants with rights to reside other than as jobseekers or retained worker status while unemployed DWP decision being followed by HMRC and local authority See ‘KAPOW to the GPOW’ on CPAG website (

Exclusion from housing benefit If only right to reside as an EEA jobseekers, were already excluded from entitlement to housing benefit but passported via income-based JSA Passporting of EEA jobseekers removed from April 2014, so cannot get housing benefit at all Problem with local authorities applying exclusion to other EEA nationals Possible challenges: – No impact assessment carried out; – Discriminates against EEA nationals; – Housing benefit facilitates access to labour market?

The ‘minimum earnings threshold’ Guidance for DWP/HMRC/local authority decision makers to help determine whether an EEA national is in ‘genuine and effective’ work Applies to EEA workers and self-employed Two stages: 1.MET passed if average gross earnings of £155 pw for last 3 months; 2.If not passed then ‘thorough’ examination of circumstances should be undertaken Problems: – Such a test runs contrary to caselaw; – If stage one not passed, stage two not being applied; – If fail MET then may have no right to reside

Disability and carers benefits For EEA nationals, UK must be ‘competent state’ From April 2013, all new claimants must pass 104 out of last 156 week ‘past presence test’: – Shorter period for children under 3; – A few exemptions including some EEA nationals, service personnel and their families, those who are terminally ill; – EEA nationals can ‘aggregate’ residence in other EEA states Many returning British nationals caught out by these rules Refugees and other granted LTR caught by these rules (CPAG currently has test case about this)

More information and resources CPAG: – Benefits for Migrants Handbook – Welfare Rights Bulletin – – Factsheets: – BME project eBulletin: communities-project communities-project CIH: AIRE Centre:

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