Forum Home → Discussion → Income support, JSA and tax credits → Thread
right to reside
Article 17 of EC Directive 2004/38 states:
1. By way of derogation from Article 16, the right of permanent residence in the host Member State shall be enjoyed before completion of a continuous period of five years of residence by:
“workers who cease paid employment to take early retirement, provided that they have been working in that Member State for at least the preceding twelve months and have resided there
continuously for more than three years”
Can anyone enlighten me as to just what the phrase “working in that Member State for at least the preceding twelve months” means, with reference to “preceding twelve months.”
My interpretation is that they must have worked at least 12 months before retirement.
The first day of retirement follows the last day of employment, therefore the last day of employment is included in the 12 month period.
You know, I was thinking on completely different lines and hadn’t even thought of that. It’s so obvious. Thanks guys for bringing clarity to my clogged up mind.
Sorry to put a Dr Who into your nice timeline but deciding to retire is not usually an instant decision.
EU male worker who was 63 lost his job when contract ended. He waited 6 weeks hoping for more work and not signing on. He then applies for JSA which he gets. Job centre than tell him he should claim Pension Credit so JSA gets suspended.
PC is refused as no R2R because of the 6 weeks not working and not claiming, hence no 12 months previous work. His JSA then gets re-instated and backdated but is increased in payment value to pension credit level.
So refused PC on R2R grounds but gets it paid anyway as a top up on his JSA ??
... His JSA then gets re-instated and backdated but is increased in payment value to pension credit level.
So refused PC on R2R grounds but gets it paid anyway as a top up on his JSA ??
How can that be done? The rates of JSA are fixed by regulation. Pensioners premium presumably as 63 is above QASPC? Was the increase backdated?
And it’s not an Article 17 case either.
... His JSA then gets re-instated and backdated but is increased in payment value to pension credit level.
So refused PC on R2R grounds but gets it paid anyway as a top up on his JSA ??
How can that be done? The rates of JSA are fixed by regulation. Pensioners premium presumably as 63 is above QASPC? Was the increase backdated?
He was paid JSA - not the PC that Nick thinks was paid. Although it’s pensioner premium it is still JSA in the same way that a disability premium in IS is still IS.
Presumably backdated due to the DWP getting it right for once and realising that the original JSA claim was only closed down in favour of a PC claim due to shoddy advice from the Jobcentre.