Forum Home → Discussion → Other benefit issues → Thread
CJEU to give opinion on EU jobseekers access to benefits
The Director of the Aire Centre, Matthew Evans, has tweeted that the Court of Justice of the European Union will give an opinion in the case of Alimanovic on 26 March -
If the court does rule that Article 45(2) TFEU, in conjunction with Article 18 TFEU, does ‘preclude a national provision which does not under any circumstances allow the grant of a social benefit which is intended to ensure subsistence and to facilitate access to the labour market to European Union citizens who can invoke the exercise of their right of free movement as job-seekers in the case where those citizens enjoy a right of residence arising solely out of the search for employment, irrespective of their link with the host Member State.’
Then it still has to be questioned what use that would would that be with (a) The UK reforms to EEA ‘Jobseekers’ and those who lose worker status with access to JSA HB and (b) in the latest reform to UC.
The latter which is seen now as ‘social asistance’ rather than a benfit would seem to indicate interpetation is that this or any other case does not apply as UC is not a benefit as defined in EU law..
(Quoting Paul Gray SSAC ‘The Committee notes that, in relation to these proposals, the view has been taken that Universal Credit can be classified as “social assistance” for the purposes of compliance with EU legislation.’ and IDS who reports he is satisfied that this approach is ‘lawful and compliant with these obligatons.’ )
Then it still has to be questioned what use that would would that be with (a) The UK reforms to EEA ‘Jobseekers’ and those who lose worker status with access to JSA HB and (b) in the latest reform to UC.
The latter which is seen now as ‘social asistance’ rather than a benfit would seem to indicate interpetation is that this or any other case does not apply as UC is not a benefit as defined in EU law..
(Quoting Paul Gray SSAC ‘The Committee notes that, in relation to these proposals, the view has been taken that Universal Credit can be classified as “social assistance” for the purposes of compliance with EU legislation.’ and IDS who reports he is satisfied that this approach is ‘lawful and compliant with these obligatons.’ )
I’ve always thought that, if it isn’t social security outright, UC would be a special non-contributory benefit under article 70 of Reg 883/2004. That is, a benefit which has the character of both social assistance and social security. The CJEU has been willing in the past to ‘crack open’ a benefit and declare that one part is a SNCB and another part is a sickness benefit (hence why the mobility component of DLA is not exportable but the care component is). Just because IDS thinks it’s lawful, doesn’t mean it is. Therefore, at least for the part of UC which is intended to faciliate access to the labour market (i.e. the part which replaces JSA etc), it would be covered.
Though I agree it doesn’t help with the cases where the DWP deems a workseeker no longer to be a workseeker.
‘Just because IDS thinks it’s lawful, doesn’t mean it is.’
I agree. It usually means it is not; just that the Dept follow it until the courts interpret the regulations usually years after.