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    I cannot find the specific part of HB Reg 10 that qualifies an economically inactive self sufficient Italian who has been here for more than 5 years. The Immigration EEA Reg 4 should allow payment of HB via reg 10, but I can’t tie this up. Help


    Its reg 10(3B)(e). If the claimant has lived in the UK in accordance with the EEA regs for 5 years, they have a permanent right to reside as given by Article 17 of Directive 2004/38/EC and Reg 15(1)(a) of the Immigration Regs. And so are not a PFA.

    Lee Fearon

    It would appear that Article 17 deals only with workers and self employed and their family members, I cannot see were self-sufficient economically inactive EEA nationals fit in to this. Additionally, while I understand that a ‘right to reside’ exists under Immigration (EEA) regulations, I still don’t see the qualifying criteria in HB Reg 10


    I dont think that Article 17 and Immigration Reg 15 (which implemented it) is only relevant for workers, self employed people and their family members. Reg 15(1) says that “an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years” will acquire the permanent right to reside. This covers all EEA nationals who have had a right to reside in the UK for 5 years. Reg 14 lists those people who have an extended right to reside (ie beyond the initial 3 months), and this includes qualified people. And a self-sufficient person is a qualified person.

    So, a self-sufficient person is a qualified person who has a right to reside. After 5 years residence as a self-sufficient person, he will have resided in accordance with the Regs for that time and will acquire a permanent right to reside.

    For HB purposes, Reg 10(3b)(e) says that someone who has this permanent right to reside is not a person from abroad, and so is entitled to claim HB.


    vphillips’ answer applies to people who have been around for more than five years. But I would guess that you also want to know about purportedly self-sufficient Europeans who have been around for less than five years. You will not find the referred to specfically in the HB Regs, but they are covered. Here’s why:

    Reg 10 makes specific provision for two groups of Europeans:

    – Those enjoying a right of residence that automatcally satisfies the HRT, no metter whether you would otherwise be inclined to view them as habitually resident. They are covered by HB Reg 10(3B). Self-sufficient persons are not referred to there, although it is possible to acqure a permanent right of residence after five years of self-sufficiency, as vphillips says.

    – Those who fail the test because their right to reside is not good enough. That’s Reg 10(3A) – it lists four different ways of being a work seeker or someone just checking out the scenery for three months. [But beware of work seekers on JSA(ib) who satisfy the test by the back door].

    Between those two extremes are people who are required to satisfy the traditional habitual residence questionnaire – appreciable period, settled intention and all that malarkey … but they must have a right to reside in the first place. No right to reside means you fail the HRT: that’s Reg 10(3). Self-sufficient Europeans who have not been around for five years yet do have a right to reside generally, but it does not mean they leapfrog the traditional HRT (not like Europeans with a permanent R2R – they do vault clean over the HRT as described above). A self-sufficient European can therefroe claim HB as long as you are satisfied that they are in fact habitually resident.

    They also face the considerable obstacle of convincing you they are still self-sufficient while on welfare benefits. That is not a state of affairs that can last for very long. It might well be disproportionate to strip a European of their right to reside if they face unexpected and short-term hardship, but eventually you are going to come to the conclusion that long-term welfare benefits and self-sufficiency just don’t go together.

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