Can EEA Nationals claim UC in Scotland?

Hi, I thought that you had to be a Bristish Citizen to pass the eligibility tests for UC, but the CPAG book on Migrant’s entitlements mentions having to meet the jobseeking conditions of UC so I think I’ve got the wrong end of the stick somewhere… can someone please tell me where? Was the British Citizenship thing only in the pilot area in England?Thank you!

The requirement to be a British Citizen is just one of the gateway conditions for UC outside the digital area (parts of sutton, croydon and southwark) - it won’t be a requirement when UC rolls out proper.

However, an EEA national whose right to reside is a jobseeker or family member of a jobseeker is not entitled to UC - see http://www.rightsnet.org.uk/welfare-rights/news/item/removing-right-of-eea-nationals-and-their-family-members-to-claim-universal

Also in the same story regulations ensure that all universal credit claimants, including EEA nationals, are subject to work-related requirements on the same basis.

thank you, I think it clears it up.

It means that only those jobseeking EEA Nationals with retained worker status and their family members would be able to claim UC but they still have to meet the jobseeking conditions (I think). Am I right? Oh my it’s confusing.

Oh but wait, can EEA with jobseeker status claim JSA instead then? Or is it UC or nothing?

At the moment, in most of GB UC does not exist if you are an EEA national so you can continue to get JSA as now.

But in the digital service area, and everywhere after eventual full roll-out, JSA no longer exists so there is only UC to claim but you don’t qualify for it.  This relies on the highly dubious reasoning that UC is general welfare and not specifically targeted at jobseekers, therefore equal treatment is not required by Article 5 of Reg 492/2011