Jobseeker's Benefit

Quick question, if anyone can help..

Here's the scenario:

EEA wife in full time employment in Ireland, resident for over two years.
non-EEA husband in full time employment in Ireland, resident for over two years, EU1 approved and in possession of Stamp 4EUFam Residence Card.

non-EEA husband loses job. Is he entitled to Jobseeker's Allowance / other social welfare benefits?

My initial thinking is no, because family members of EEA citizens should be supported by the EEA citizen. But then, being a non-EEA family member does not necessarily require you to be dependent on the EEA citizen, according to Directive 2004/38/EC. A non-EEA family member has the right of residence simply by being a member of the EEA citizen's household. Dependency would not be a requirement in this case.

I then thought yes, the non-EEA husband should be entitled to social welfare benefits, because, to quote from the Article 24(1) of the Directive:

Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.

Article 24(2) continues:

By way of derogation from paragraph 1, the host
Member State shall not be obliged to confer entitlement to
social assistance during the first three months of residence or,
where appropriate, the longer period provided for in Article
14(4)(b), nor shall it be obliged, prior to acquisition of the right
of permanent residence, to grant maintenance aid for studies,
including vocational training, consisting in student grants or
student loans to persons other than workers, self-employed
persons, persons who retain such status and members of their
families.

In light of the above, I believe that the non-EEA husband should be treated the same as an Irish citizen, with regards to entitlement to social welfare.

Has anyone any thoughts?

As far as I am aware benefit eligibility is not based on nationality and rather on the number of PRSI contributions you have made. You will however have to show that you are entitled to work in Ireland and given the residence card this should not be a problem.

It is explained here:
http://citizensinformation.ie/categorie ... nt_benefit