The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation of the ECJ’s judgment, read as a whole, is that a requirement that there should be a ‘genuine link between an applicant for an allowance in the nature of a social advantage . . and the geographic market in question’ (see ibid. paragraph 67) is not synonymous with a requirement that the applicant should be actively (i.e. genuinely) seeking work in that market at the material time; and that in the context of an application for such an allowance a ‘genuine link’ requirement may (subject always to questions of justification and proportionality) be legitimately imposed by a member state in addition to an ‘actively seeking work’ requirement.’ At the same time ‘it was in principle legitimate for the national legislature to wish to ensure that there was a ‘real link’ between the applicant for that allowance and the geographic employment market in question. ‘
Judges:
Brooke LJ, Jonathan Parker LJ, Maurice Kay LJ
Citations:
Times 02-May-2006, [2006] EWCA Civ 376
Links:
Statutes:
Jobseeker’s Allowance Regulations 1996 85(1)
Jurisdiction:
England and Wales
Citing:
Cited – Collins v Secretary of State for Work and Pensions ECJ 23-Mar-2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship . .
Cited – Swaddling v Adjudication Officer ECJ 25-Feb-1999
A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough.
Cited – Sylvie Lair v Universitat Hannover ECJ 21-Jun-1988
European law draws a distinction between member state nationals who have not yet entered into an employment relationship in the host member state where they are looking for work and those who are already working in that state or who, having worked . .
Cited – Collins v Secretary of State for Work and Pensions ECJ 23-Mar-2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship . .
Cited – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Cited – Centre Public D’Aide Sociale De Courcelles v Lebon ECJ 18-Jun-1987
A right to equal treatment with regard to social and tax advantages accorded by article 7(2) of Regulation No. 1612/68 E.E.C. applied only to workers and not to nationals of Member States who move in search of employment. The latter were entitled . .
Cited – Commission v Belgium ECJ 12-Sep-1996
ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – O’Flynn v Adjudication Officer ECJ 23-May-1996
A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant . .
Cited – Criminal Proceedings Against Bickel and Franz ECJ 1-Dec-1998
Where a court had specific rules allowing a case against its own citizens to be heard in their own language, the same facility must be offered to an accused visiting from another member state. . .
Cited – Commission v Italy C-388/01 ECJ 16-Jan-2003
Europe Failure to fulfil obligations – Free movement of services – Non-discrimination – Articles 12 EC and 49 EC – Admission to museums, monuments, galleries, archaeological digs, parks and gardens classified as . .
Cited – D’Hoop v Office National de l’Emploi ECJ 11-Jul-2002
Europa Citizenship of the Union – Principle of non-discrimination – National legislation granting the right to tideover allowances to its nationals only on condition that they have completed their secondary . .
Cited – Regina (Bidar) v Ealing London Borough Council and Another ECJ 15-Mar-2005
Europa (Grand Chamber of the Court of Justice of the European Union) Citizenship of the Union – Articles 12 EC and 18 EC – Assistance for students in the form of subsidised loans – Provision limiting the grant of . .
Cited – In re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Cited – Garcia Avello v Belgian State ECJ 2-Oct-2003
Europa Citizenship of the European Union – Handing down of surnames – Children of nationals of Member States – Dual nationality. . .
Lists of cited by and citing cases may be incomplete.
Benefits, European
Updated: 05 July 2022; Ref: scu.240098
