EEC Regs and family benefits for JSA claimant

Article 74 Reg 1408/71 says “an unemployed person drawing unemployment benefits under the legislation of a member state”..shall be entitled to family benefits for family living in another member state. Child benefit office tell me that this is restricted to contribution based JSA claimants only ie doesn’t apply to IB JSA claimants. I am waiting for them to tell me why….they just say they have been told as much by their policy people. Does anyone have any knowledge on this? Scenario is a UK national with wife and children still living in Czech Republic where he used to be self employed. Now come back to UK to look for work leaving family in CR for the present. Client was previously self employed in UK and has gone on paying UK Class 2 NI contributions throughout.

Sue

Reg 1408/71 has been repealed and replaced with Reg 883/2004 on 1st May 2010. Article 67 of 883/2004 states that;

“A person shall be entitled to family benefits in accordance with the legislation of the competent Member State, including for his family members residing in another Member State, as if they were residing in the former Member State. However, a pensioner shall be entitled to family benefits in accordance with the legislation of the Member State competent for his pension.”

The Child Benefit Office are probably still basing their advice under Regulation 1408/71. Article 74 that you quote permits family benefit to paid if you are drawing unemployment benefit. Their reason for it only being contributory JSA and not IB is because for both 1408/71 and the 883/2004 only contributory JSA is deemed as unemployment benefit. JSA (IB) is a special non contributory benefit.

That being said new Article 67 of 883/2004 doesn’t require you to be receiving unemployment benefit to be entitled to Family Benefit. So as you long as you meet the requirements for Child Benefit under UK law then you should receive it.

The one complication comes if there is the possibility for overlapping benefits in both the UK and the Czech Republic. In such cases Article 68 outline the rules for which benefit will take priority. If that is the case the country given the first priority shall be the one where activities as an employed or self-employed person are carried out. A decision note from the Administration Committee set up to interpret the meaning of the new regulation has decided that temporary suspension of employed or self-employed activity because of unemployment will still be given the first priority if benefit is paid because of this. I’m not entirely sure if this would apply a) to some one who has come to UK to seek work and b) in respect of JSA (IB). Not sure if when they say ‘benefit’ if they mean unemployment benefit under the regulation (ie JSA (C)).

The next priority is in respect of pensions so is irrelevant and the final priority is that the benefit will be paid in the country in where the child resides.

Even if the priority is the Czech Republic then under Article 68(3)(a) the Child Benefit Office should forward automatically the application to the Czech authorities and, if the amount of family benefit there is less than UK Child Benefit, they should pay the difference. If it is the Czech authorities that should be paying then the UK authorities should be a provisional decision. If the Czech authorities don’t make a decision within two months then the UK authorities should then pay the provisional decision.

It sounds like the Child Benefit Office is still applying the old regulations when it should be the 2004 ones that are applied if the claim was made after 1 May. I think there are transitional arrangements in place for claims and ongoing claims before the 1 May. If this is the case let me know and I can research them for you a bit.

Hope this helps

Stuart

Stuart, that is incredibly helpful: thank you ! Will now be able to pursue with greater confidence. Still awaiting CB office call back. Sue