Curbs on migrant benefits

From 1 January 2014 new restrictions will be placed on migrants’ entitlement to benefits.

Under the main Immigration (European Economic Area) Regulations 2006, certain groups of migrants, including ‘workers’ and ‘jobseekers’ are classed as ‘qualified persons’, meaning that they have a right to reside in the UK, and claim certain benefits. The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013, which commence on 1 January 2013, amends the definitions of ‘jobseeker’ and ‘worker’.

The new amendments mean that an EEA national -

• seeking to reside in the UK while looking for work will have to provide, from the outset, evidence that they are seeking work and have a genuine chance of being engaged;
• seeking to enjoy the status of 'retained worker' – i.e. a worker who is involuntarily employed – will have to provide, from the outset, evidence that they are seeking employment and have a genuine chance of gaining employment; and
• may not enjoy the status of jobseeker or retained worker for longer than six months unless they can provide ‘compelling evidence’ that they have a genuine chance of gaining employment.

There will be an absolute limit of six months for the retention of worker status for an EEA national who is a retained worker and who had worked for less than 12 months before becoming involuntarily unemployed.
 
The rules for entitlement to Jobseeker’s Allowance are also changing on 1 January 2014, (the Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2013). Changes to the habitual residence test will mean that Jobseeker’s Allowance can only be claimed if a person can prove that they have been living in the Common Travel Area (UK, Republic of Ireland, Isle of Man and Channel Islands) for at least 3 months.

To access a copy of these pieces of legislation go to www.legislation.gov.uk