RE: prawa dla niepracujacej i wychowujacej dzieci
ja odnosilam sie do The Social Security (Persons from Abroad) Amendment Regulations 2006
New definition of person from abroad
A person who fails the habitual residence test is defined for social security purposes as a 'person from abroad'. The effect of this is to exclude the person from entitlement to certain benefits. The amending regulations provide a new definition of 'person from abroad' and make slight changes to the groups that may be exempt from the test.
The rules differ very slightly for JSA in that a work-seeker can be treated as having a right to reside whereas for IS, PC, HB and CTB a work-seeker does not. However, if a work-seeker claims income-based JSA, s/he can be passported onto HB and CTB. For IS, PC, HB and CTB a person is a 'person from abroad' if s/he is not habitually resident in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland (the common travel area).[footnote 2]
A person is treated as not being habitually resident if s/he does not have a right of residence. The following groups are treated as not having a right of residence:
* an EU national who is not economically active and is in the UK during the first three months of their stay;
* a work-seeker.
The deeming of EU nationals not to have a right of residence during the first three months of their stay is not at odds with the rights in the EC Directive. Article 24(2) of the Directive states that member states are under no obligation to confer entitlement to social assistance during the first three months of residence, or indeed for any longer period where the person remains economically inactive.
For income-based JSA, the rules are the same apart from the fact that a person who is signing on for JSA will be treated as having a right to reside. This reflects the rights contained in Article 39 of the EC Treaty which allows free movement for those in search of work as well as workers.