ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Stricter assessment for worker under EU law for Benefit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Stricter assessment for worker under EU law for Benefit

Post by Obie » Sun Mar 09, 2014 11:51 pm

From 1st April 2014, it appears that Job seekers under EU law, will not be entitled to Housing benefit.

Furthermore the assessment for qualification as a worker under EU law, which will determine whether or not people are entitled to these benefits, will be made stricter aswell.
Smooth seas do not make skilful sailors

Amber
Moderator
Posts: 17546
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Stricter assessment for worker under EU law for Benefit

Post by Amber » Mon Mar 10, 2014 6:32 am

The more robust tests came into affect on 1st March 2014.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by askmeplz82 » Mon Mar 10, 2014 8:05 am

I personally don't like someone coming here and in 3 months claiming housing benefit and we tax payer need to pay for them
they should allow only if they paid enough tax or 2 years minimum wait

Most of the Brits fed up with immigration just because of this. my friends in USA and other countries laugh at this. UK is not a welfare state
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Stricter assessment for worker under EU law for Benefit

Post by Obie » Mon Mar 10, 2014 8:18 am

Amber_ wrote:The more robust tests came into affect on 1st March 2014.
precisely. Thanks for pointing that out.
Smooth seas do not make skilful sailors

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by dalebutt » Mon Mar 10, 2014 8:37 am

askmeplz82 wrote:I personally don't like someone coming here and in 3 months claiming housing benefit and we tax payer need to pay for them
they should allow only if they paid enough tax or 2 years minimum wait

Most of the Brits fed up with immigration just because of this. my friends in USA and other countries laugh at this. UK is not a welfare state
Nobody is saying UK is a welfare state, you can well keep that opinion to yourself, this is not the only country in the EU, the same things have been going on in other countries, Netherlands, France et al. Not much people will support people coming over to any country claiming benefit from a system which they haven't contributed, but to single out UK as if she were the only one affected by this is nonsense.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Stricter assessment for worker under EU law for Benefit

Post by Obie » Mon Mar 17, 2014 4:07 pm

Further legal opinion suggests that the UK test for whether certain employment or amount earned qualifies someone under EU law, may well be unlawful, as it seeks to define a worker, based on national rules and norm, when this is strictly forbidden under EU law.

http://www.gardencourtchambers.co.uk/im ... erview.pdf
Smooth seas do not make skilful sailors

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by Petaltop » Tue Mar 18, 2014 1:25 am

Obie wrote:Further legal opinion suggests that the UK test for whether certain employment or amount earned qualifies someone under EU law, may well be unlawful, as it seeks to define a worker, based on national rules and norm, when this is strictly forbidden under EU law.

http://www.gardencourtchambers.co.uk/im ... erview.pdf
That will be another nail in the EU coffin and make more Brits vote out. The Labour party have now said that they will offer the in out vote if people will elect them, just as Tories have already said if they are elected.

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by dalebutt » Tue Mar 18, 2014 8:18 am

Britain may well leave the EU actually if it's good for them. The EU has been functioning well before the Brits applied to join, remember the French didn't want them in the EU and vetoed their membership? They couldn't care what the British want, you will know this by the comment made by Merkel and Hollande.

The CJEU has said the scope for determining a worker is the responsibility of the EU, member states cannot redefine the term of workers under national law. The UK should find a nondiscriminatory way of restricting social grants which will affect everyone including the Brits.

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by Petaltop » Wed Mar 19, 2014 10:34 am

dalebutt wrote:Britain may well leave the EU actually if it's good for them. The EU has been functioning well before the Brits applied to join, remember the French didn't want them in the EU and vetoed their membership? They couldn't care what the British want, you will know this by the comment made by Merkel and Hollande.

The CJEU has said the scope for determining a worker is the responsibility of the EU, member states cannot redefine the term of workers under national law. The UK should find a nondiscriminatory way of restricting social grants which will affect everyone including the Brits.
A lot of us Germans would rather be with the Brits than the French. There are only three countries that pay for the EU, the rest take out more money than they put in to the EU. Germany pays the most for the running of the EU and the UK pays the second most. Despite years in the EU, France still take out more than they put in.

Don't expect Germany to keep paying for your country and make up the loss of the UK money, we are already bailing out the Euro. If the Brits money is lost then France will have to take a lot less out of the EU so they they too are at last paying to run the EU.

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by dalebutt » Wed Mar 19, 2014 10:53 am

I do not agree with that statement, Britain is the third net contributor to the EU, Germany and France contribute more than they get back according to the reports. You are talking about Germany paying for some other EU countries you need to ask yourself how much the Germans get in return on investment? Or you think the Germans are too generous to be the European Santa claus? How much does the UK's membership of the EU brings to the economy everyday? Every country is in the EU for their benefit, I am not agreeing with the stereotype that one country bankrolls the other.

a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by a.s.b.o » Sun Mar 30, 2014 10:53 pm

lets be pretty clear. Most and I repeat most, are self-sufficient. I have been in this country 15 years in various immigration capacities and never claimed anything. I worked for all I own since this is what I am taught from early age. The rest of discussion is really about failure of the authorities to set high entry barriers into welfare, which results in those GENUINELY IN NEED OF IT ,and when qualified, are not benefitting from it. imho

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Stricter assessment for worker under EU law for Benefit

Post by Obie » Thu Jun 05, 2014 10:26 pm

Parliamentary analysis of the changes to benefit entitlement for new migrant, and how these changes fits in with EU law.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Stricter assessment for worker under EU law for Benefit

Post by Obie » Fri Jun 06, 2014 9:42 pm

Further amendmeto regulation 6, concerning workers who retain their status, and jobseekers, coming into effect on the 1st July 2014
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by vinny » Sun Jun 15, 2014 1:14 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Saladin0011
Member
Posts: 146
Joined: Fri Sep 06, 2013 12:16 pm
Mood:
Czech Republic

Re: Stricter assessment for worker under EU law for Benefit

Post by Saladin0011 » Sat Jun 28, 2014 9:30 pm

I like that every one is for it but I personally know MANY brits who has NEVER work and they are on every possible benefits. No restriction.................

UKBA HUNTER
BANNED
Posts: 414
Joined: Tue Feb 05, 2013 3:55 pm
Location: Ground Floor

Re: Stricter assessment for worker under EU law for Benefit

Post by UKBA HUNTER » Tue Jul 29, 2014 4:03 am

"Words build bridges into unexplored regions" Adolf Hitler

bobbylad
Newly Registered
Posts: 17
Joined: Mon Jun 10, 2013 10:01 am

Re: Stricter assessment for worker under EU law for Benefit

Post by bobbylad » Mon Aug 25, 2014 9:02 am

Most EU states operate their welfare systems on the basis of contributions, you pay in and if you get into difficulty you can claim something back. The UK has some that work like this but things like Housing Benefits are based on income not contributions. The UK is one of the only EU states where you can turn up and get a free house after just a few months of residency which creates a disproportionate draw from the poorer Eastern European countries. If the UK cannot under EU create a mechanism like other members have done which ensures you need to have lived there for a longer period of time then they would need to change their entire welfare model from a charity type one to an insurance type one.

The UK has a housing shortage as it is, the last thing people who are planning to come to the UK to contribute need is to have stringent new measures laid against us because of people who are not going to the UK to contribute.

dalebutt
Senior Member
Posts: 868
Joined: Wed Jul 20, 2011 9:48 pm

Re: Stricter assessment for worker under EU law for Benefit

Post by dalebutt » Mon Aug 25, 2014 10:29 am

bobbylad wrote:Most EU states operate their welfare systems on the basis of contributions, you pay in and if you get into difficulty you can claim something back. The UK has some that work like this but things like Housing Benefits are based on income not contributions. The UK is one of the only EU states where you can turn up and get a free house after just a few months of residency which creates a disproportionate draw from the poorer Eastern European countries. If the UK cannot under EU create a mechanism like other members have done which ensures you need to have lived there for a longer period of time then they would need to change their entire welfare model from a charity type one to an insurance type one.

The UK has a housing shortage as it is, the last thing people who are planning to come to the UK to contribute need is to have stringent new measures laid against us because of people who are not going to the UK to contribute.
Could you provide an official document to back up that claim? Another one who propbably bought a one way ticket from his country, and haven't been priviledged to see other European countries, you would probably think UK is heaven on earth. Germany, France, and many other EU countries provide non contributory housing benefit. I agree the United Kingdom benefit system is generous, some countries in the EU are even more generous and they aren't blowing it out of proportion.

UKBA HUNTER
BANNED
Posts: 414
Joined: Tue Feb 05, 2013 3:55 pm
Location: Ground Floor

Re: Stricter assessment for worker under EU law for Benefit

Post by UKBA HUNTER » Tue Nov 11, 2014 3:13 pm

"Words build bridges into unexplored regions" Adolf Hitler

Locked