Residence and presence tests – in detail

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.

The course covers:

  • Developments in right to reside caselaw and legislation
  • Potential arguments that can assist
  • An overview of how EU co-ordination rules can help with these tests
  • A summary of the rules which require the UK to be the competent state for the paymentof disability and carer’s benefits

This course is aimed at those who advise European nationals on their benefit entitlement regularly or help with challenging decisions.

Those with less familiarity should book instead on the standard level course Right to reside and habitual residence. If you also advise non-European nationals you should book instead on the two-day course: Benefits for people from abroad.