Migrants from the EEA, who claim to have been in work or self-employed to get benefits, will face a more robust test from 1 March 2014.
Migrants from the European Economic Area (EEA) who claim to have been in work or self-employed in order to gain access to a wider range of benefits will face a more robust test from 1 March 2014.
Being defined as a ‘worker’ under EU law allows people more generous access to in and out-of-work benefits such as Jobseeker’s Allowance (JSA), Housing Benefit, Child Benefit and Child Tax Credit. Currently European Union case law means the definition of a ‘worker’ is very broad, meaning some people may benefit from this even if, in reality, they do very little work.
So in order to help ensure benefits only go to those who are genuinely working a minimum earnings threshold will be introduced as part of the government’s long-term plan to cap welfare and reduce immigration so our economy delivers for people who actively contribute and want to work hard and play by the rules.
To show they are undertaking genuine and effective work in the UK an EEA migrant will have to show that for the last 3 months they have been earning at the level at which employees start paying National Insurance. This is £150 a week – equivalent to working 24 hours a week at National Minimum Wage. An EEA migrant who has some earnings but doesn’t satisfy the minimum earnings threshold, will be assessed against a broader range of criteria to decide whether they should still be considered as a worker, or self-employed.
An EEA migrant who has a right to reside as a jobseeker is subject to other restrictions. EEA jobseekers must live in the UK for 3 months and satisfy the Habitual Residence Test before they are entitled to claim income-based JSA, and from 1 April they will be ineligible for Housing Benefit.
Migrants who are economically inactive are not entitled to claim income-related benefits such as Income Support or income-based Jobseeker’s Allowance. They must be self-sufficient and have comprehensive sickness insurance.
