Importing Cont JSA from Holland?

I am not up on the co-ordination rules so If some one could assist would be very grateful.

Client is GB national, worked in Holland for 12 years, now returned to UK. Not entitled to IB JSA due to savings.

Can he either;

Return to Holland briefly, claim unemployment benefits and export them to UK or;

Claim Cont JSA here based on his Dutch NI record?

Many thanks

You would have to check the residency tests in Holland for entitlement to Dutch unemployment benefits but, potentially, she could do both and let the authorities sort out who is the competent state and take it from there.

I think it’s unusual for unemployment benefits to be exportable for more than 3 months.

Unemployment benefits can be exported under EU co-ordination provisions.

However, only within the limits set out in Article 64 and 65 of Regulation 883/2004 (see pages 997-998 of Vol III Social Security Legislation).

One of those limits is that before claimant’s departure from their state they must have been registered as seeking work and been available to work for at least 4 weeks. (article 64(1)(a)) - unless allowed to leave early (this is a discretionary power given to states).

Benefits have to be provided for 3 months (article 64(1)(c)) but this can (at discretion of state) be extended to 6 months.

Article 55 of Regulation 987/2009 also sets out some more detailed administrative procedures (page 1105 of Volume III):

1. Before going tell the Dutch JCP (whatever it called) and ask for a certificate saying can get Dutch JSA for 3 months.

2. Sign on when get to UK and provide UK with the certificate.

Note that as far as I can see, once the UK becomes his country of habitual residence (in the EU law sense of that term) then he may be able to claim cJSA here on basis of his Dutch contributions- as he is wholly unemployed then the UK becomes the competent state for unemployment benefits once he is habitually resident here (see article 11(3)(e) of Reg 883/2004 (page 956 of Volume III).

Thanks for all the replies.

Martin - he has already been “told” by JCP that he cannot claim Cont JSA in UK based on his Dutch NI. Given the problems clients have with the CMS claims line anyway, how should he go about trying to make this claim once he is habitually resident again - should he just insist that CMS refer this to the Overseas branch to access his Dutch NI?

Would doing the form online help?

See here: https://www.dwpe-services.direct.gov.uk/portal/page/portal/jsaol/lp

I think they would then send him the form fairly automatically.

In terms of what SHOULD happen:

They have a duty to check with the Netherlands and to do so “based on the principles of public service, efficiency, active assistance, rapid delivery and accessibility”- Article 2 of 987/2009.

Article 7(1) of same might be interpreted as meaning they have to pay provisionally (although not clear) -see page 1077 of Vol III.

If they delay or don’t take relevant steps etc then threat of JR. If they refuse benefit appeal.

I know its messy but clearly to get any european style satisfaction you have to be prepared to litigate…