No U/C for EU Nationals claiming JSA

Is it correct that any new EU national who comes to the Uk where Universal Credit is in place cannot claim JSA through UC and if so does it mean that in short EU nationals must be in employment straight away in order to reside within the UK or is there some other alternative method of income.

It is true that EU nationals in the JSA-equivalent client group cannot claim UC while entering the labour market as a jobseeker, by contrast with JSA(ib) which they can claim after satisfying the three-month part of the habitual residence test.

It is already the case that newly arrived jobseekers from Europe cannot get JSA(ib) for the first three months but they can get JSA(ib) if (a) they are still looking for work three months after arriving in the UK, or (b) they enter the job market after doing something else having already lived in the UK for longer than three months (eg leaving full time education or abandoning unprofitable self-employment).  Whereas UC is not available to anyone who has a right to reside only as a jobseeker - not even after three months.

The sting in the tail is that in “full service” areas no-one can get JSA(ib): that benefit ceases to exist the instant you approach DWP.  So for EU jobseekers in those areas the position is:

- You have to claim UC, not JSA(ib), but
- You aren’t entitled to UC

So as you say, these people need to find a job quick or have some alternative source of income.  Effective and genuine self-employment appears to be an attractive option as it does in so many situations (refuge from sanctions, benefit cap etc): if DWP accept that you are serious about it you can claim UC on nil income or low income for the first year.