“Jobseeker” v JSA for Right to Reside

I’m dealing with the case of a Czech national who tried to claim JSA after finishing warehouse work in November. He failed a couple of attempts due to failing security (no doubt related, in part, to langauge & the fact there were numerous adults living the same small property) , though he eventually managed to claim at the end of January. This left a two month gap with no JSA, and so his HB and CTC have stopped for this period as he did not meet the right to reside test.

Although claiming JSA is an obvious way of showing you are a jobseeker, I seem to recall that they are not one and the same thing. Is there any caselaw out there on being a “jobseeker” under European law as distinct from claiming JSA.

See reg’ 6 of the 2006 Immigration Regs.  Note paragraph 4.  There is also the Elmi case in the Court of Appeal where the court held that for the purpose of being “involuntary unemployed….. and has registered as a job-seeker with the relevant employment office” that it was not necessary to be claiming JSA.  So, a person could claim Income Support instead.

“Qualified person”

6. —(1) In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—
(a) a jobseeker;

(b) a worker;

(c) a self-employed person;

(d) a self-sufficient person; or

(e) a student.

(2) A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if—

(a) he is temporarily unable to work as the result of an illness or accident;

(b) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom, provided that he has registered as a jobseeker with the relevant employment office and—

(i) he was employed for one year or more before becoming unemployed;

(ii) he has been unemployed for no more than six months; or

(iii) he can provide evidence that he is seeking employment in the United Kingdom and has a genuine chance of being engaged;

(c) he is involuntarily unemployed and has embarked on vocational training; or

(d) he has voluntarily ceased working and embarked on vocational training that is related to his previous employment.

(3) A person who is no longer in self-employment shall not cease to be treated as a self-employed person for the purpose of paragraph (1)(c) if he is temporarily unable to pursue his activity as a self-employed person as the result of an illness or accident.

(4) For the purpose of paragraph (1)(a), “jobseeker” means a person who enters the United Kingdom in order to seek employment and can provide evidence that he is seeking employment and has a genuine chance of being engaged.