Summary
The decision, Collins v Secretary of State for Work and Pensions 2004, states that the habitual residence test cannot be used to restrict European Union national's access to income-based jobseeker's allowance unless the Government can show that a period residence of itself is necessary to show that the person is genuinely active in the labour market.
Mr Collins is a US/Irish national who had done casual work in the UK during a 10 month stay in 1980-81. In 1998 he returned to the UK to look for work and claimed JSA. He was refused on the basis he was not habitually resident. The European court found the following:
Mr Collins was not a worker for the purposes of Article 7(2) Regulation 1612/68 because there was no link between his current search for work and the work he had done in 1980-81
JSA falls within the scope of Article 48(2) of the Treaty as a benefit of a financial nature intended to facilitate access to employment in the labour market.
There is some doubt about the legality of the habitual residence test for JSA because that test places non-UK EU nationals at a disadvantage.
Following that decision the case was referred back to commissioners as CJSA/4065/1999. Commissioner Mesher interpreted the judgment as saying that the claimant must demonstrate that he has been genuinely seeking work for a period of time. The function of the habitual residence test is to establish this.
The appeal failed. Leave to appeal to the Court of Appeal has been granted.
The decision, Collins v Secretary of State for Work and Pensions 2004, states that the habitual residence test cannot be used to restrict European Union national's access to income-based jobseeker's allowance unless the Government can show that a period residence of itself is necessary to show that the person is genuinely active in the labour market.
Mr Collins is a US/Irish national who had done casual work in the UK during a 10 month stay in 1980-81. In 1998 he returned to the UK to look for work and claimed JSA. He was refused on the basis he was not habitually resident. The European court found the following:
Mr Collins was not a worker for the purposes of Article 7(2) Regulation 1612/68 because there was no link between his current search for work and the work he had done in 1980-81
JSA falls within the scope of Article 48(2) of the Treaty as a benefit of a financial nature intended to facilitate access to employment in the labour market.
There is some doubt about the legality of the habitual residence test for JSA because that test places non-UK EU nationals at a disadvantage.
Following that decision the case was referred back to commissioners as CJSA/4065/1999. Commissioner Mesher interpreted the judgment as saying that the claimant must demonstrate that he has been genuinely seeking work for a period of time. The function of the habitual residence test is to establish this.
The appeal failed. Leave to appeal to the Court of Appeal has been granted.
Important case. Visit Mexico, Rooms101.com offers Cancun All Inclusive Package
ReplyDeleteSouth Africa is one of the most mesmerizingly gorgeous countries on the planet and also owns some of the most Luxurious Hotels In South Africa. From the breathtaking coastline scenery of the Cape Peninsula and the unending savannas of the Kruger National Park, South Africa is a paradise. We’ve put together a top ten list of our best luxury hotels and lodges to help you plan the perfect visit.African Safari
ReplyDeleteSiem Reap Property Rental website and company is the easiest and best resource for you to find your ideal rental property in Siem Reap. It is our pleasure to help you.
ReplyDeleteCall us today
+855 077448002
For more details: https://www.siemreappropertyrental.com/
Land for sale in the most exclusive area of JARABACOA! There are only 17 lots available, if you were looking for an opportunity to have your land in Jarabacoa with pine trees, views of the mountains and the city, with easy access, 8 minutes from town, access to the Yaque del Norte River just 5 minutes from the complex, practically flat land is your opportunity to invest! We are real estate agency in the Dominican Republic covering Punta Cana and Jarabacoa. Our specialty lays on real estate investments.
ReplyDeleteEmail: info@swecinvestments.com
Phone: 829-645-6366
Housingin the Dominican Republic is very affordable. For example, the average cost of a one-bedroom apartment in a city center in the U.S. costs $1,376 per month, but only costs $400 per month in the Dominican Republic. If you prefer to purchase an apartment or home there, the average cost per square foot of an apartment in a city center in the U.S. is $330, but in the Dominican Republic is $120. If you want to live even more frugally, you can purchase or rent a home outside of the city center or a bit farther from the beach.
ReplyDeleteWe are real estate agency in the Dominican Republic covering Punta Cana and Jarabacoa. Our specialty lays on real estate investments.
Email: info@swecinvestments.com
Phone: 829-645-6366
Among the top reasons for considering
ReplyDeleteBelize for second homeownership:
• Allows diversification outside the USA or Canada
• Provides a safe secure alternative during societal unrest
• The only English-speaking country in Central America
• Close geographic proximity to the USA
• No capital gains tax, very low property taxes
• Tropical Caribbean climate
• World-class fishing, diving, snorkeling, and watersports
Second home ownership in Belize is very safe and easy experience.
If you are interested in
Belize propertyand/or buying Belize real estate, contact us at
RE/MAX Belize
Contact Info:
+1(650) 653-2088
info@remaxbelizerealestate.com
Mahogany Bay Village, San Pedro Town, Belize