Regulation 1408/71 - does it apply to non-eea spouses?

[smartk2]

Hi,

I am an Irish citizen and have been married to my US husband since May 2007. We have been living in Ireland since then, my husband on a Stamp 4 which allows him to live and work in Ireland based on marriage to me. I have been a student working part time in 2008 and 2009. I plan on continuing my studies in London starting September 2010 for another 2 years. My husband is planning on joining me in November 2010 after he quits his job and I will be exercising my treaty rights based on being a student.

My husband qualifies for Jobseekers Benefit in Ireland based on the amount of contributions he has made over the past 3 years. So can he use form E301 to claim Contribution Based JSA in the UK? He hopes to find a job asap when he arrives in the UK but if he can claim this while finding work it would help us financially.

Also if he can, will this effect his application for Residence Card as it states in the EU directive:

have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State

Thanks for your help

[86ti]

I do not know if non-EEA family members can make use of this regulation but the 'burden on the social assistance' bit is in regards to the host member state (just reread your quote). I don't see why the UK would be bothered by that as it is not money from the UK.

(As I know it Contribution Based JSA is essentially an insurance benefit and could actually be seen as an income. Please, those who know correct me if I am talking nonsense here.)

[smartk2]

Am I correct is assuming that he cannot claim income-based Jobseekers Allowance on top of the contribution based JSA? I'm having some difficulty understand the habitual residence and right to reside requirements.

[John]

Am I correct is assuming that he cannot claim income-based Jobseekers Allowance on top of the contribution based JSA?

You are right. It is impossible to claim both at the same time.