European nationals

  • Benefits for people from abroad

    Level: Standard

    training course

    This two-day course aims to equip you to advise claimants from abroad, both European non-European nationals. Using a step-by-step approach and practical examples, it helps you understand how the residence and presence and immigration status tests operate in benefits and tax credits and how they can be satisfied.

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    Dates:
  • Residence and presence tests – in detail


    training course

    The operation of the residence and presence tests for EEA nationals changes all the time, and with Brexit looming it is even more important to understand what social security rights EEA nationals and their family members currently have. 

    This one-day experienced level course looks in detail at how European nationals can satisfy the residence and presence requirements in benefits and tax credits and provides an update on recent developments. It will cover the new EEA Regulations that came into force in February 2017, and caselaw developments on:

    • EEA residence rights;
    • who has a 'genuine and sufficient link to the UK' and therefore does not need to wait 2 years to get disability and carer's benefits;
    • and when the UK is or is not the 'competent state'

    It focuses on groups experiencing particular difficulties with the tests and those for whom the application of these tests is changing.

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  • GPOW kapowed?

    Issue 254 (October 2016)
    article

    Martin Williams considers the implications of a recent Upper Tribunal case on the correct approach to determining whether a European Economic Area (EEA) migrant has a right of residence as a jobseeker under what is widely referred to as the ‘GPOW’ test.

  • European nationals and sickness benefits

    Issue 250 (February 2016)
    article

    Henri Krishna looks at rules which determine which European state is responsible for the payment of certain ‘cash sickness benefits’.

  • Residence rights round-up

    Issue 247 (August 2015)
    article

    Henri Krishna examines the most significant developments in residence-related rights for European migrants over the last year.

  • Right to reside: when 3 equals 6

    Issue 243 (December 2014)
    article

    Henri Krishna describes further reductions in rights to reside for jobseekers.

  • Politically acceptable poverty

    Issue 149 (Autumn 2014)
    article

    In the current popular discourse the media and the government have positioned migrants from the European Union (EU) as welfare threats and, despite the evidence that they are net contributors to the economy, as acceptable targets for welfare reform.In addition to the stream of new rules reducing their entitlement, EU migrants also face a host of hidden administrative obstacles, impairing their access to welfare benefits to which they are entitled under EU law.

  • Residence rights and wrongs

    Issue 242 (October 2014)
    article

    Henri Krishna reviews recent changes in rules1 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

    • 1. SI 2014/1451
  • Saint Prix and the right to reside for pregnant women

    Issue 241 (August 2014)
    article

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    Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

  • Saint Prix v DWP: pregnancy and right to reside

    Last updated: June 25, 2014
    test case

    Jessy Saint Prix v Department for Work and Pensions C-507/12.

    The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.