||All England Reporter
|| All ER (D) 34 (Apr)
|| EWCA Civ 376
||Court of Appeal, Civil Division
Brooke, Jonathan Parker and Maurice Kay LJJ
||Richard Drabble QC (instructed by the Child Poverty Action Group) for the claimant.
||Christopher Vajda QC and Josh Holmes (instructed by the Treasury Solicitor) for the Secretary of State.
||4 April 2006
European Community - Workers - Freedom of movement - Social security - Jobseeker's allowance - Entitlement to benefit - Whether applicant having 'worker' status - Whether applicant having right to reside in United Kingdom - Whether Community law requiring payment of jobseeker's allowance - Test to be applied - Jobseeker's Allowance Regulations 1996, , reg 85(4) - Council Directive (EEC) 68/360 - Council Regulation (EEC) 1612/68 - EC Treaty, arts 6, 8, 48(2) (now arts 12, 17, 39(2) EC).
When determining entitlement to jobseeker's allowance the question whether the search for work was genuine was not the sole question; there was an additional question, namely whether a genuine link had been established with the United Kingdom employment market. Facts which were relevant to the latter might not be relevant to the former. Hence there was, in principle, scope for a residence test which imported factors which might be irrelevant to the question whether the search for work was genuine. A habitual residence test simpliciter as a means of establishing the requisite genuine link between an applicant for JSA and the UK employment market was fully compatible with Community law.
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