Work Seeker

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    I have a claim from a couple from the Netherlands they entered the country on 01.10.2006 and submitted an app for HB on 01.11.2006.

    HB has been refused as not entitled for the first three months. However they have appealed and state that they are actively seeking work, this has been confirmed by the agencies they are registered with.

    Do they qualify as a work seeker and therefore eligible for HB?

    Darren Broughton

    I thought they had to qualify for JSA before you can award HB/CTB


    From 30 April 06, Article 6 of the EU directive gives all EEA Nationals a right to reside for the first 3 months of their stay in the UK.

    However, benefit rules changed in response to this, so that any person who has a right of residence [i:8740868e1a][b:8740868e1a]only[/b:8740868e1a][/i:8740868e1a] because of article 6 is not automatically eligible to claim.

    The only exception to this rule is for JSA, where they maybe entitled if they are actively seeking work, etc.

    Therefore, an economically incative EEA national can only claim HB or CTB when they first arrive in the UK if they are getting JSA.

    Hope that helps!



    Could anybody point me in the direction of Regulation where it confirms that a claimant cannot claim benefit for the first three months of their stay unless they are in receipt of JSA(IB).


    It’s working age HB Reg 10(3A), but it only makes sense if you follow up the external references.

    To be habitually resident, the claimant must have the right to reside, but Reg 10(3A) lists certain EEA rights of residence that do not count – even though you have the right to reside under European law it is not enough to satisfy the HB habitual residence test. Included among these non-pukka rights of residence are the general three months right to reside for any reason you like and the right to go looking for work in another member state.

    But in JSA, the right to go looking for work in another member state does count as a pukka right to reside and so, provided you are actually habitually resident, you can claim JSA(ib) while looking for work. That in turn passports you onto HB: people who get IS/JSA(ib)/PC automatically pass the HB habitual residence test.

    The above applies to jobseekers after three months as well – it’s just that after three months have gone by, the initial no-strings-any-reason-you-like right of residence lapses and job seeking is all you have left. Again, being a work seeker on its own won’t pass the HB habitual residence test but it will satisfy the JSA one (subject to actually being habitually resident) and that in turn will passport you onto HB.

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