March 2014 EEA Migrants: The Government Battles On

02/03/2014
The DWP has issued guidance to local authority housing benefit departments on the minimum earnings threshold for EEA migrant benefit claimants.
The threshold will be introduced from 1 March 2014 to help to determine whether an EEA national’s previous or current work can be treated as genuine and effective for the purposes of deciding whether they have a right to reside in the UK as a 'worker' or 'self employed person'.

The threshold has been set at the level at which workers start to pay national insurance contributions, currently £149 a week (or £153 a week in the 2014/15 tax year)
 
'If an EEA national can prove that they have been earning at least this amount for a period of three months immediately before they claim housing benefit their work can be treated as genuine and effective and they will have a right to reside as a worker or self employed person. 
If they do not satisfy the Minimum Earnings Threshold criteria, a further assessment will be undertaken against a broader range of criteria (such as hours worked, pattern of work, nature of employment contract etc) to determine whether their employment is genuine and effective.'

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