Either the rest of the world is confused or I am clearly out of the loop regarding the position of (old) EU nationals.

My understanding was that the new right to reside rules only apply to the accession states. <i>Old</i> EU nationals are entitled to IBJSA if "workers" for purposes of reg. 1408/71. A worker includes anyone who has been insured under the Social Security system of another member state.

My client is a single parent French National who made a telephone “claim” for IBJSA. Her claim was "changed" into a claim for IS during the WFI and she was refused under the HRT on the basis (says the man from Glasgow) of the new right to reside rules. Glasgow say that there will be no problem if she claims IBJSA. DWP have now allowed her make a claim for IBJSA following agitation from us. The worker from the JC+ locally appears to believe that she will still be treated as needing to go through the "right to reside" process.

The client had paid the equivalent of NI contributions in France in the past.

So - normal HRT rules aside is there any reason why my client would not be entitled.

My understanding is that the right to reside rules apply to everyone who makes a claim for a relevant benefit. However, as you say if EEA nationals are workers for the purpose of EU law then they are exempt from the HRT, and therefore the right to reside requirements would not affect them anyway.

Just had a Swedish client refused, but she does not seem to be able to benefit from any EU provisions for free movement, so she is caught by the right to reside rules.

I have had two similar cases where right to reside applies. One client is from Holland and the other from Spain. Spoke to Glasgow, same response, they advised client would be able to claim Jobseekers Allowance. Both have not worked in their EU countries.

Client from Spain has made a claim to Jobseekers Allowance and HRT has been applied and client refused JSA. Applied again and awaiting decision.

Client from Holland has young baby and is pregnant, does not feel that she can claim JSA and in the meantime is entitled to no benefits.

Have advised both clients to apply for residence permits.

Have spoken to CPAG Specialist Support who have advised that they are taking a few test cases to the European courts and not much we can do in the meantime.

Unfortunately getting a residence permit is not straightforward, unless you are working in the UK, or a student.

the EEC1 form requests proof of earnings and confirmation from the employer, to confirm that the applicant is here as a worker and therefore exercising treaty rights in the UK.

I'd be grateful, please, if someone could explain the idea of clients from EEA countires being advised to apply for a residence permit. I thought i understood that RP's were intended for 3rd party (ie non EEA nationals) and as has already been suggested require the same proof of working/ self-sufficiency/ student status as the right to reside. Isn't it therefore effectively just a formal document which happens to combine their EEA freedom of movement as a worker status with a workers (+) right to reside. I'd be happy to be told otherwise!
thanks!
Caroline

The point of residence permits for EEA nationals is that it is usually the only they have of proving their immigration status. EEA nationals generally will not have any stamp on their passports, since they are effectively waved through by immigration when they enter the UK. Similar;ly they will not have nay of the usual letters from the Home Office showing their status.

They can apply for a residence permit to confirm their status and their right to reside. The permit simply confirms status, it does not award status in the way that a visa in a passport or a letter granting ILR does for other people. There is no formal requirement to apply for a residence permit, but it is often useful, especially when dealing with employers.

The EEA residence permit is a small document separate from the passport. It is not the same as the "residence permit" stickers which are now being put into passports in the way that visas used to be (unless the Home Office have recently changed their practice).