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This Chapter contains guidance on the international aspects of entitlement to
Jobseeker's Allowance as they apply from 29.4.13. In particular it deals with
1. Presence in GB and the effect of temporary absences
2. The effect of the EU rules concerning the co-ordination of social security
benefits on JSA.
3. The use of insurance in other countries to satisfy the contribution conditions
for JSA.

C3002 Meaning of JSA

In this Chapter references to JSA are to be read as referring to "new style JSA" as
defined in Chapter M1 (Universal Credit: Transition - Pathfinder).

[C3003-C3004]

C3005 Presence in GB

It is a condition of entitlement to JSA that the claimant be "in Great Britain"1.
However
1. This rule is in some circumstance overridden by EU law and reciprocal
agreements with other countries and
2. The Act allows regulations to be made which
2.1
prescribe circumstances in which a claimant who is not in GB
may nevertheless be entitled to JSA (2) and
2.2
make provisions as to the circumstances in which a person is to
be treated as being in GB or not being in GB (3)
1 JS Act 95, s 1(2)(i); 2 Sch 1, para 11(1); 3 Sch 1, para 11(2)

C3006 Meaning of "in Great Britain"

To be "in" a place means to be physically there on the day or period in question. It is
not the same as being resident in a place. A person may be resident in a place
without being present there (1) and vice versa.

1 1 R(U) 18/60; R(P) 2/67

C3007

With regard to any particular day, a person should be regarded as present if they are
in GB for part of a day: thus the day when a person arrives in GB and a day when
they leave count as days when they are "in" GB.

C3008 Meaning of "Great Britain"

GB includes
1.
England and Wales, and Scotland (1)
2.
adjacent islands including, Orkney, Shetland, the Hebrides, the Isles of Scilly,
the Isle of Wight and Lundy and
3. the territorial waters of the UK adjacent to GB (2)
1 Union with Scotland Act 1706 preamble & Art 1; Union with England Act 1707 (Scottish Parliament), Art 1; 2

JS Act 95, s35(1) (definition of "Great Britain")

C3009

N
Ireland (1), the Isle of Man (2) and the Channel Islands (3) are not part of GB.
1 R(S) 5/85, para 9; 2 CSU 14/48; R(U) 8/81; 3 R(P) 2/64

[C3010-C3010]

C3015 Absence from Great Britain

JSA can be paid during an absence from GB
1. during certain temporary absences
2. in another EEA country for up to three months
3. in the Isle of Man or Northern Ireland
4. if the person is a mariner or a continental shelf worker

[C3016-C3019]

Temporary Absences

C3020 Meaning of "temporary absence"

There is no statutory definition of "temporary absence". However the meaning of
temporary absence has been considered by both the Commissioner and the Courts.
On 16.3.94 the Court of Appeal decided an appeal involving disqualification for being
absent from Great Britain (1). All previous case law on temporary absence must be
read in the light of the Court's decision.
1 R(S) 1/96

C3021 General meaning « C3029

"Temporary absence" does not mean "not permanent"1. The decision maker must
decide whether an absence is
1. merely temporary
or
2. not merely temporary (2).
An absence should not be treated as temporary just because it is not permanent (3).
1 R(S)1/96; 2 R(I) 37/55; 3 R(S) 1/85

Example

A man aged 25 leaves GB to live in Egypt. He states that he intends to work there
until he is 60 and then he will return to GB. Although the absence is not permanent it
is too long to be regarded as temporary.

C3022

In deciding whether an absence is temporary the decision maker should consider
1. the claimant's intention and
2. the length of the absence and
3. the purpose of the absence (1).
1 R(S)1/96; R(P) 1/90

C3023 Intention

A person's intention is always relevant when deciding whether an absence is
temporary. But, it is not decisive. It is possible to decide that an absence is not
temporary from the start. But if the decision maker decides that the absence is
temporary then the person's intention should be looked at more closely the longer
the absence lasts (1).

1 R(S) 1/96

C3024

Although a person may intend to return there may be circumstances which prevent
it. However, it cannot be assumed that the absence is not temporary just because
the person cannot return. The circumstance preventing the return may only last a
short time, for example, a short illness.

C3025

If a person is prevented from returning for a substantial period the absence may not
be temporary (1). A person who is permanently prevented from returning to GB is not
temporarily absent from GB (2).
1 R(S) 10/83; 2 R(S) 1/96

C3026 Length of absence

The length of absence is a significant factor in deciding whether an absence is
temporary (1). In general a temporary absence means that it will be for a limited period
only. Only in exceptional cases can an absence which has lasted years rather than
months be accepted as temporary.

1 R(S) 1/96

C3027

The nature of the absence may change the longer the absence from GB lasts.

C3028

When considering the length of the absence the decision maker should consider the
total period of the absence. This includes
1. any period of absence before the decision maker's decision and
2. the intended or likely future period of absence (1).

1 R(S) 1/96

C3029

A person may have been absent from GB several times before the decision maker
considers whether to disqualify. Although each of the absences may have been
temporary, the total period of absences compared to the periods spent in GB may
show that the absence now being considered is not temporary (see C3021)1.

1 R(I) 54/51; R(I) 73/54

C3030

A person who visits GB regularly, but is residing in another country, may be
temporarily absent from that country rather than temporarily absent from GB (1). This
may apply to a seasonal worker who normally spends only part of the year in GB.

1 R(S) 10/83

C3031

An indefinite absence can still be temporary (1).
1 R(S) 1/96

C3032 Purpose of the absence

The reason for a person's absence from GB is an important factor.

C3033

An absence will probably be temporary if it is
1. for a holiday or
2. to visit relatives or
3. for a course of treatment.

C3034

An absence will probably not be temporary if the reason for the absence is for
example, to live with relatives who have already emigrated.

C3035 The DM's decision

The DM must decide whether an absence is temporary by considering the facts at
the date of decision. In some cases the person will have returned to GB before the
DM's decision. The DM can look with hindsight and take this into account (1).

1 R(S) 1/96; R(S) 10/83; R(S) 1/85

C3036

The DM should not automatically decide that an absence is temporary just because
the person has returned (1). For example, on leaving GB the person may have
intended to live permanently in another country.
1 R(S) 1/85

C3037 Onus of proof

The burden of showing that an absence is temporary is on the claimant (1) who should
prove that
1. the absence is or was temporary and
2. one of the other conditions for avoiding disqualification is satisfied.
1 R(S) 1/96

C3038 Change of circumstances

Although an absence may originally have been considered temporary, it may not
remain so. Whether an absence from GB has ceased to be temporary may be
considered at any time. A temporary absence will cease to be temporary overnight if
a person decides to stay permanently outside GB. Other circumstances which make
the ending of the absence uncertain may also mean that an absence which was
temporary at the outset ceases to be temporary at some later date (1).

1 R(S) 1/85

C3039

Once the DM has decided that an absence is not temporary, that absence should
not be treated as temporary (either from the start of the absence or a later date) just because
1. the claimant states an intention to return or
2. makes preparations to return (1).
1 R(P) 1/90

C3040 Job Interview

A claimant is treated as being in GB during a temporary absence abroad if (1)
1. the absence is to attend a job interview and
2. the absence is for 7 consecutive days or less and
3. notice of the proposed absence (in writing if so required) is given to the
Secretary of State before departure and
4. on their return, the claimant satisfies the Secretary of State that they attended
for the interview in accordance with that notice
1 JSA Regs 13, reg 41(4)

C3041 Territorial & Reserve Forces - Annual Training

A claimant is treated as being in GB during any period of temporary absence not
exceeding 15 days where (1)
1. the claimant was entitled to JSA immediately before the period of absence
and
2. the absence is for the purpose of taking part in annual continuous training as
a member of the following territorial or reserve forces
2.1
Royal Fleet Reserve.
2.2
Royal Navy Reserve.
2.3
Royal Marines Reserve.
2.4
Army Reserve.
2.5
Territorial Army.
2.6
Royal Air Force Reserve.
2.7
Royal Auxiliary Air Force
2.8
The Royal Irish Regiment, to the extent that its members are not
members of the regular armed forces.

1 JSA Regs, reg 41(6)

[C3042]

C3043 Treated as in Great Britain for four weeks

A claimant who is temporarily absent from GB is treated as being in GB for up to 4
weeks if (1)
1. the claimant is in Northern Ireland and continues to satisfy the conditions of entitlement
and
2. the claimant was entitled to JSA immediately before the start of the
temporary absence and
3. the absence is not expected to last more than 52 weeks
1 JSA Regs 13, reg 41(2)

C3044

C3045 Treated as in Great Britain for eight weeks

A claimant who is temporarily absent from GB is treated as being in GB for up to 8
weeks if (1)
1. immediately preceding the start of the temporary absence, the claimant was
entitled to JSA and
2. the absence is not expected to last more than 52 weeks and
3. the claimant continues to satisfy (or to be treated as satisfying) the other
conditions of entitlement for JSA and
4. the claimant is accompanying a child or young person who is a member of
that claimant's family solely in connection with arrangements made for the
treatment of that child or young person for a disease or bodily or mental disablement
and
5. the arrangements referred to in C3045.4 relate to treatment which is
5.1
taking place outside GB and
5.2
taking place during the period whilst the claimant is temporarily
absent from GB and
5.3
by, or under the supervision of, a person appropriately qualified
to carry out that treatment
1 JSA Regs 13, reg 41 (3)

C3046 Meaning of "appropriately qualified"

"Appropriately qualified" means (1) qualified to provide medical treatment,
physiotherapy or a form of treatment which is similar to or related to either of those
two forms of treatment.
1 JSA Regs 13, reg 41(7)

[C3047-C3049]

C3050 Temporary absence for NHS treatment

A claimant is treated as being in GB during any temporary absence from GB if (1)
1. the claimant was entitled to JSA immediately before the start of the temporary absence
and
2. the period of absence is for the purpose of the claimant receiving treatment in
a hospital or other institution outside GB where the treatment is being provided
2.1
under specific NHS legislation (2) or any equivalent Scottish provision
or
2.2 pursuant to arrangements made under specific NHS legislation (3) or
arrangements made pursuant to any equivalent
Scottish provision
1 JSA Regs 13, reg 41 (5); 2 NHS Act 06;, s 6(2), NHS (Wales) Act 06, s 6(2); 3
NHS Act 06 s 12(1) & Sch 4 para 18; NHS (Wales) Act 06, s10(1) & Sch 3 para 18

C3051 Absences in Northern Ireland or the Isle of Man

A person can still receive JSA whilst absent from GB in
1. the Isle of Man or
2. Northern Ireland (1).
See C3190 for further guidance on reciprocal agreements.
1 SS (I of M) Order 77, Sch 1, Art 2; SS (N. Ireland Reciprocal arrangements) Regs 76, Sch 1, Art 2;
R(U) 8/81

[C3052-C3054]

Absence from GB - Mariners and Continental Shelf Workers

C3055 Mariners

A mariner is (1) a person employed under a contract of service on board any ship or vessel
1. as a master or
2. as a crew member or
3. in any other capacity on board when the employment in that other capacity is
with the ship or vessel or the crew or any passengers or cargo or mail carried
and the contract is entered into in the UK with a view to its performance (in
whole or in part) while the ship or vessel is on its voyage.

1 SS (Mariners' Ben) Regs, reg 1(2)

C3056

This does not include a serving member of the forces (1) except those undergoing
training or instruction in one of the following organisations or establishments
1
Royal Fleet Reserve.
2
Royal Navy Reserve.
3
Royal Marines Reserve.
4
Army Reserve.
5
Territorial Army.
6
Royal Air Force Reserve.
7
Royal Auxiliary Air Force
8
The Royal Irish Regiment, to the extent that its members are not members of
the regular armed forces
for 72 consecutive hours or less (2)

1 SS (Conts) Regs, Sch 6, Part 1; 2 SS (Mariners' Ben) Regs, reg 1(2)

C3057 « C3058

A claimant who
1. would be entitled to JSA but for the requirement that they be in GB and
2. is or has been employed as a mariner on board any ship or vessel or who is
under contract to travel (at his employer's expense) to start such employment
and
3. while so employed or under such contract to travel,
3.1 has been left outside GB and
3.2 reports to the appropriate superintendent, consular officer or chief
customs officer not later than
3.2.a 14
days after being so left or
3.2.b
where this is not reasonably practicable , as soon as
reasonably practicable after being so left
will continue to be entitled to JSA (1) notwithstanding their absence from GB until the
date established in accordance with C3058.

1 SS (Mariners' Ben) Regs, reg 4A(1)

C3058 « C3057

The provisions in C3057 cease to apply to a claimant
1. when the person starts or resumes employment outside GB or
2. in any case where the person is not returned without undue delay to the place
to which specific regulations (2) require them to be returned, on the occurrence
of the delay or
3. In any other case when the person is returned to the place required by regs (2)
1 SS (Mariners' Ben) Regs, reg 4A (2); 2 Merchant Shipping (Repatriation) Regs 79, reg 6

C3059 Continental Shelf Workers « C3060

Where a claimant would be entitled to JSA but for the requirement that they be in
GB, that claimant will continue to be entitled to JSA during an absence from GB if (1)
1.
the absence is due to the claimant being, or having been in prescribed
employment in a prescribed area or
2. subject to C3060, the claimant is, in connection with prescribed employment,
2.1 in a prescribed area or
2.2 travelling between one prescribed area and another or
2.3 travelling between a designated area and a prescribed area or
2.4 travelling between Norway or a member state (including the UK) and a
prescribed area.

1 SS Ben (PA) Regs, reg 11(1A)

C3060 « C3059

The provision described in C3059.2 shall not apply where (1), under legislation
administered by Norway or any EU country (other than the UK) benefit is payable to
a person for the same contingency and for the same period for which JSA is
claimed.
1 SS Ben (PA) Regs, reg 11 (2B)

C3061 Meaning of "prescribed employment"

"Prescribed employment" means any employment (whether or not under a contract
of service) in any designated or prescribed area in connection with any activity
mentioned in specific legislation (2).
1 SS Ben (PA) Regs, reg 11(1); 2 Oil and Gas (Enterprise) Act 1982, s 23(2)

C3062 Meaning of "designated area"

"Designated area" means (1) any area set out by Order in Council under specific
legislation (2) as an area where the UK may explore the seabed, subsoil and exploit
their natural resources.
1 SS Ben (PA) Regs, reg 11(1); 2 Continental Shelf Act 1964

C3063 Meaning of "prescribed area"

"Prescribed area" means (1)
1. any area (outside the territorial seas of Norway or any EU country other than
the UK) over which Norway or any EU country (other than the UK) exercises
sovereign rights to explore the seabed and subsoil and exploit the natural
resources or
2. any other area which is specified under a specific Act (2)
1 SS Ben (PA) Regs, reg 11(1); 2 Oil and Gas (Enterprise) Act 1982, s 22(5)

[C3064-C3079]

The effect of EU law on Jobseekers Allowance

C3080 Introduction

Where EU law applies the UK domestic condition of entitlement for JSA requiring
that the claimant be present in GB are modified. The following paragraphs
1. give an outline of how and when EU law applies
2. advise on which state is responsible when an "unemployment benefit" is
claimed by a person residing outside GB
3. give advice on the circumstances where JSA payable in GB can be "exported"
to another EEA State
4. give details of the procedures when JSA is exported to an EEA State
5. advise on how EU law applies to the contribution conditions for JSA.

C3081 EU Law - Background

There are two main kinds of EU legislation: regulations and directives. EU
regulations apply directly and are part of UK law. Directives are binding upon each
EU Member State but each country chooses how to implement them.

C3082

There are two current sets of EU regulations relating to the co-ordination of Social
Security benefits across the Member States. These are
1. Regulation (EC) No. 883/2004 which sets out the main rules, and
2. Regulation (EC) No. 987/2009 which deals with the administrative procedures
to be followed in implementing the main rules.
Note For the EU Member States, these regulations replaced earlier regulations (1) with
effect from 1.5.10. They applied to Switzerland from 1.4.12 and to Norway, Iceland
and Liechtenstein from 1.6.12. The old regulations (1) continue to apply in certain
transitional cases. See also C2087 to C2088 below concerning third country
nationals.

1 Reg (EEC) 1408/71 & Reg (EEC) 574/72

C3083

EU provisions do not create a harmonized social security system common to all EU
countries. EU provisions coordinate the national social security systems of
EU countries so that a worker moving within the EEA may
1. be protected against the risks covered by EU provisions and
2. maintain rights acquired in one EEA country when moving to another country.
Countries where EU regulations apply

C3085 The EU Member States

The EU regulations relating to the co-ordination of social security (hereafter called
"the EU co-ordination regs") apply to the Member States of the European Union plus
the EEA States (Iceland, Norway and Lichtenstein) and Switzerland The EU Member
States are:
1. Austria (joined the EU on 1.1.95)
2. Belgium
3. Bulgaria (joined the EU on 1.1.07)
4. Cyprus (joined the EU on 1.5.04)
5. Czech Republic (joined the EU on 1.5.04)
6. Denmark (excluding the Faroe Islands and Greenland)
7. Estonia (joined the EU on 1.5.04)
8. Finland (including the Aaland Islands) (joined the EU on 1.1.95)
9. France (including Guadeloupe, Martinique, Mayotte, Reunion, French Guiana, Saint Barthelemy and Saint Martin but excluding Monaco)
10. Germany
11. Greece
12. Hungary (joined the EU from 1.5.04)
13. Ireland
14. Italy (excluding the Vatican City and San Marino)
15. Latvia (joined the EU on 1.5.04)
16. Lithuania (joined the EU on 1.5.04)
17. Luxembourg
18. Malta (joined the EU on 1.5.04)
19. Netherlands (excluding for the purposes of this Chapter, the Dutch Antilles)
20. Poland (joined EU on 1.5.04)
21. Portugal (including Madeira and the Azores)
22. Romania (joined the EU on 1.1.07)
23. Slovakia (joined the EU on 1.5.04)
24. Slovenia (joined the EU on 1.5.04)
25. Spain (including the Balearic Islands, the Canary Islands and the Spanish enclaves of Ceuta and Melilla)
26. Sweden (joined the EU on 1.1.95)
27. United Kingdom (including Gibraltar but excluding the Isle of Man and for the purposes of this Chapter, the Channel Islands)

C3086 The European Economic Area

The EEA comprises the Member States of the EU plus Iceland, Liechtenstein and
Norway.

C3087 Meaning of "EEA State"

For the sake of simplicity, for the purposes of the guidance below references to an
"EEA State" means any Member State of the EU, plus Iceland, Liechtenstein,
Norway and Switzerland and "EEA national" means a national of any of those
countries.
C3088- C3089

C3090 Personal Scope

The first step will be to establish whether the EU co-ordination regs (1) apply to the
person concerned. With effect from 1.5.10, a person is within the scope of the EU
co-ordination regs if (2) that person
1. is
1.1
a national of an EEA State, or
1.2
a stateless person or refugee residing in an EEA State
who is or has been subject to the legislation of one or more Member States
or
2. is a member of the family or a survivor of a person falling within C3090.1

1 Reg (EC) 883/04: 2 Reg (EC) 883/04, Art 2(1)

C3091

Also within the personal scope of EU co-ordination regs (1) are survivors of persons
who have been subject to the legislation of one or more EEA States (regardless of
the nationality of such persons), provided the survivor is
1. a national of an EEA State, or
2. a stateless person or refugee residing in one of the EEA States.
1 Reg (EC) 883/04, Art 2(2)

C3092 Third country nationals

The UK is not covered by the extension of rights to Third Country Nationals (TCNs)
under Reg (EC) 883/04, which came in to force on 1.5.10. However TCNs will
continue to be subject to the terms and limitations of Reg (EEC) 1408/71 as
summarised below.

C3093

An amendment to EU Regulations (1) extended the provisions of Reg (EEC) 1408/71
to third country nationals (TCNs) from 1.6.03 provided those nationals were legally
resident in the territory of a Member State, were insured workers, and were in a
situation that involved more than one state. However the following states did not
extend the terms of Reg (EEC) 1408/71 to TCNs:
Denmark
Iceland
Norway
Liechtenstein
Switzerland.

1 Reg (EC) 859/2003

C3094

Therefore a TCN who has worked will be able to export an award of JSA if he
satisfies the same conditions that apply to an EEA national (and the UK is the
competent state) except where he leaves GB to live in Denmark, Iceland, Norway,
Liechtenstein, or Switzerland. Of course, the TCN must be legally residing in both
the UK and then the new state of residence that they move to.

C3095 Meaning of "member of the family"

Members of a person's family are (1)
1. the
spouse,
2.
children under 18, and
3. children over 18 who are dependent
1 Reg (EC) 883/04, Art 1 (i)(2)

[C3096-C3099]

C3100 Deciding which EEA State's legislation applies « C3101

The EU co-ordination regs contain rules intended to avoid a conflict between the
domestic laws of the Member States. The basic rules are (1)
1. a person pursuing activity as an employed or self-employed person in a
Member State is subject to the legislation of that Member State.
2. a civil servant is subject to the legislation of the Member State to which the
administration employing him is subject.
3.
a person receiving unemployment benefits in accordance with a specific
provision in the EU co-ordination regs (2) from the Member State of residence is
subject to the legislation of that Member State.
4.
a person called up or recalled for military or civilian service by a Member
State, is subject to the legislation of that Member State.
5
any other person to whom sub-paragraphs 1 to 4 do not apply is subject to the
legislation of the Member State of residence. However this is subject to other
rules in the EU co-ordination regs which guarantee benefits under the
legislations of one or more Member States.
Note: but see C3103 for the legislation that applies to posted workers

1 Reg (EC) 883/04, Art 11(3); 2 Art 65

C3101 « C3102

Except in relation to the benefits listed at C3102, for the purposes of C3100.1, a
person receiving cash benefits because of, or as a consequence of, their activity as
an employed or self-employed person shall be considered to be pursuing that
activity (1).

1 Reg (EC) 883/04, Art 11(2)

C3102 « C3101

C3101 does not apply to (1)
1. invalidity benefits
2.
old age or survivors' pensions
3.
pensions in respect of accidents at work or occupational diseases
4.
sickness benefits in cash which are for treatment for an unlimited period.
1 Reg (EC) 883/04, Art 11(2)

C3103 Workers posted abroad « C3100

Where persons whose employer normally carries out its activities in the UK are
posted by that employer to another EEA state, the legislation of the UK will continue
to apply provided (1)
1. they are not sent to replace another person and
2. the posting is not expected to last more than 24 months (1)
1 Reg (EC) 883/04, art 12(1)

C3104 What type of benefit is JSA?

The EU Social Security Co-ordination Regs set out different rules depending upon
the branch of social security involved (e.g. "sickness benefits", "old-age benefits",
"family benefits")1. For JSA the rules relating to "unemployment benefits" apply.
1 Reg (EC) 883/04, Art 3

C3105 Effect of EU law - Contribution conditions

Periods of insurance, employment or self-employment in another EEA country may
be used to help satisfy the contribution conditions for entitlement to Jobseeker's
Allowance (1). However, such periods of self-employment completed under the
legislation of another EEA country shall not be taken into account unless these
periods were insurable for unemployment benefit in the EEA country concerned.
There are 13 EEA countries, listed below, whose legislation provides cover for
unemployment benefit for self-employed people. This means that for the countries
listed the UK must use periods of self-employment for a claim to JSA even if such
periods would not count for JSA had they been completed in the UK.
Note For countries not listed, periods of self-employment cannot be used by the UK.

1 Reg (EC) 883/04, art 6, art 61

C3106

The countries that insure self-employed people against the risk of unemployment
are:
1. Austria
2. Bulgaria
3. Czech Republic
4. Denmark
5. Finland
6. Hungary
7. Luxembourg
8. Malta
9. Poland
10. Romania
11. Slovakia
12. Slovenia
13. Sweden

C3107

To be helped by insurance in another EEA country the claimant must
1. be within the scope of EU co-ordination regs and
2. not be entitled to contribution-based Jobseeker's Allowance by using only their
UK contribution record. and
3. have, as at the date of claim for JSA, last completed periods of insurance
under UK legislation (2).
1 Reg (EC) 883/04 art 2; 2 art 61(2)

[C3108-C3108]

Claims for JSA made by persons residing in another EEA State

C3110 Introduction

Where a person becomes unemployed in an EEA country it is necessary to decide
which country will pay unemployment benefit.

C3111 The General Rule

In general unemployment benefit is paid by the country in which the person was last
employed (1). That country is known as the "competent state".
1 Case 128/83 Caisse Primaire d'Assurance Maladie de Rouen v Guyot;

Case 20/75 d'Amico Landesversicherungsanstalt Rheinland-Pfalz; R(U) 4/84

C3112

That person continues to be entitled to "unemployment benefit" from that country
whilst looking for work in another EEA country. After three months in the other
country that person must return to the competent state to continue being entitled to
"unemployment benefit".

C3113 Exception to the general rule

An exception to the general rule applies where a person was residing in a different
EEA country to that in which the person was employed or was paying contributions (1).
In this situation unemployment benefit can be claimed from either the country in
which the person (2)
1. is residing or
2. last worked and paid contributions.
1 Reg (EC) 883/04, Art 65(2); case 454/93 Rijksdienst Voor Arbeidsvoorziening v
Joop Th. M. Van Grestel; 2 Reg (EC) 883/04, Art 65(2)

Example 1

A person was employed in the UK but was residing in France. If that person registers
with the employment services in France that country is responsible for paying
unemployment benefit (1).
1 Case 128/83 Caisse Primaire d'Assurance Maladie de Rouen v Guyot

Example 2

A Dutch national was residing and working in Belgium, for the same company that
had employed him in Holland. He continued to pay contributions to the Dutch
authorities. On becoming unemployed he can choose to claim unemployment benefit
from Belgium, the country in which he is residing (1).
1 Reg (EC) 883/04, Art 65(2); case 454/93 Rijksdienst Voor

Arbeidsvoorziening v Joop Th. M. Van Grestel

C3114

The following are examples (1) of where a person resides in a different country from
the one in which that person is working or is paying contributions. In each example
unemployment benefit could be paid by the country in which the person is residing.
1. workers employed on board a vessel flying the flag of an EEA country
2. persons normally pursuing their activities in the territories of two or more
Member States referred to in a specific article of the EU co-ordination regs
3. persons to whom an agreement between two or more Member States
providing for exceptions to the normal rules determining which Member States
legislation applies
where they resided during their last professional activity in a Member State other
than the competent State.
1
AC
decision
U2
of
12.6.09

[C3115-C3119]

C3120 Exportability of JSA to other EEA States

A person can remain entitled to Jobseeker's Allowance whilst absent from GB in
another EEA country or Switzerland if
1. that person is within the scope of EU regulations (1) and
2. satisfies all the conditions set out in paragraph C3130.

1 Reg (EC) 883/04, Art 2

C3121

JSA paid in another EEA country is generally referred to as "exportable" JSA. This is
because a person remains entitled to UK JSA and does not become entitled to
unemployment benefit from the other EEA country.

C3122

EU provisions generally provide for free movement around the EEA. However, it is
not contrary to the principle of freedom of movement (1) to
1. impose restrictions on the payment of "exportable" unemployment benefit (2)
and
2. limit the maximum period of exportable unemployment benefit to three
months (3).
1 TFEU, Art 20 & 21 ;; 2 Case 62/91, Gray v Adjudication Officer;
3 Case 272/90, Jan Van Noorden v Association pour L'Emploi dans
L'Industrie et le Commerce for Ardéche and Drôme

[C3123-C3123]

C3125 Absent in more than one EEA state

A person can "export" JSA to more than one EEA country during the same period
of absence from GB, subject to the limit of three months.

Example

A person went to France to look for work and retained entitlement to UK Jobseeker's
Allowance. Later that person went to Germany to seek work. That person still
remained entitled to UK Jobseeker's Allowance

C3126 Separate absences from Great Britain

There is no limit on the number of times the export provisions can be used (1), though
this is subject to the overall maximum of 3 months in any one period of
unemployment.
1 Reg (EC) 883/04, Art 64;

C3127 Period of "exportable" JSA « C3128

If all the conditions for "exporting" are satisfied, JSA can be paid in another EEA
country for the shortest of the following (1)
1. for three months (see Note 1) from the date the person ceased to be available
to the UK employment services or
2. until the end of entitlement to JSA
1 Reg (EC) 883/04, Art 64(2)
Note 1: The EU co-ordination regs provide (1) that, the competent institutions of the
Member States may extend this three month period up to a maximum of 6 months
However the UK will not be extending this period which therefore remains at three
months.
Note 2 Where jobseeker returns to UK after the 3 months expired, JSA would be
paid up to expiry date provided the jobseeker re-registered
1 Reg (EC) 883/04, Ar 64(2)

C3128

A person is not entitled to JSA in another EEA country after the end of the period set
out in paragraph C3127 above (1).
1 JS Act 95, s 1(2)(i)

C3129

C3130 Entitlement to "exportable" Jobseeker's Allowance « C3120 « C3135

To be entitled to JSA in another EEA country a person must satisfy all of the
following conditions:
1. Wholly
unemployed
The claimant must be wholly unemployed, before leaving the UK (1). This
excludes persons "partially or intermittently unemployed" (see C3132)
2. Entitlement to JSA
Before leaving the UK the claimant must satisfy the contribution conditions for
entitlement to JSA 2.
3. Purpose is to seek work
The person has gone to the other EEA country to look for work (3) .
4. "Registration" and availability in United Kingdom for four weeks
The person must have been registered as a person looking for work and have
remained available for at least four weeks after becoming unemployed (4).
Note: however the competent institution may authorise the person to go to
another EEA state before the completion of the four weeks period (5) and the
Administrative Commission for the co-ordination of social security systems
has recommended that such authorisation should be given to a person who is
accompanying their spouse who has taken a job in an EEA state other than
the UK provided that person satisfies all the other conditions in this paragraph.
5. "Registration" in the European Economic Area countries
The person must register (normally within seven days)6, as a person seeking
work, with the employment services of each of the EEA countries in which that
person is looking for work and be subject to the control procedures there (8).
1 Reg (EC) 883/04, Art 64(1); 2 Art 64(1); ;3 Art 64(1); 4 Art 64(1)(a); 5 Art 64(1)(a); 6
Case 20/75 d'Amico v Landesverischerungsansatalt Rheinland-Pfalz; R(U) 5/78;
7 Reg (EC) 883/04, Art 64(1)(b)

C3131 Wholly unemployed

To be entitled to JSA in another EEA country a person must be "wholly unemployed".
This means unemployed without any employment and does not include people who
are "partially and intermittently unemployed".

C3132 « C3130

In general partially unemployed means a person on short-time (not part-time)
working. Intermittently unemployed means temporarily laid off. However the
Administrative Commission on the co-ordination of social security has said (1) that the
question of whether unemployment is whole or partial depends upon whether or not
any contractual employment link exists or is maintained. The Commission has said that
1. if a person remains employed by an undertaking in a Member State other than
the Member State of residence but his activity is suspended (although they
could return to their post at any time), then that person shall be regarded as
partially unemployed.
2. if a person no longer has any link with the Member State of employment (for
example because the contractual link has terminated or expired) he shall be
regarded as wholly unemployed.
1 AC Decision U3 of 12 June 2009

C3133 Entitlement to JSA

A person must be entitled to JSA before leaving GB. The contribution conditions
can be satisfied on UK insurance alone, by means of assimilation under a reciprocal
agreement with a non EEA country or by taking into account insurance in another
EEA country.

C3134 Purpose is to seek employment

A person must be going to another EEA country to look for work. A person is not
entitled to exportable JSA if on holiday, visiting a sick relative or accompanying a
spouse or civil partner.

C3135

A claimant who has given up a job to accompany a spouse, or civil partner, or
partner, to another EEA country will not normally be able to satisfy this condition.
This because that person already had a job and the purpose in going abroad was
not to look for work (but see the note to C3130.4 above).

C3136 Registration and availability in the UK

After becoming unemployed a person must have been registered as a person
seeking work and have remained available for work for four weeks. Exceptionally a
person may be entitled to "exportable" JSA without having been available for four
weeks if the Secretary of State authorizes their departure before the end of the four
weeks period.

C3137

The registration and availability conditions can be satisfied
1. by signing a declaration that they have been available for and actively seeking work
2. by otherwise declaring availability in connection with a claim to JSA or
3. by being registered for employment by registering at an Jobcentre Plus office
and
4. in continuing to satisfy the condition of availability for at least four weeks (or
such lesser time as may be authorized by the Secretary of State).

C3138

A person may be available for four weeks although JSA is not paid for the whole
period (1). For example, because of leaving employment voluntarily or for misconduct.

1 Reg (EC) 883/04, Art 64(1)(a)

C3139

The period of four weeks must occur after the claimant became unemployed, but it
does not need to be immediately before the departure. For example, a claimant who
has been available for four weeks and then becomes incapable of work will have
satisfied the condition if again becoming entitled to JSA a few days before departure.

[C3140-C3144]

C3145 Registration in another EEA state

A person seeking work in another EEA country must register (1) with the employment
services of that country. That person is also subject to the control procedures of that
country (2).
1 R(U) 5/87, Case 20/75 d'Amico Landesversicherunganstalt Rheinland - Pfalz;

Reg (EC) 883/04, Art 64(1)(b); 2 Art 64(1)(a)

C3146

If a person registers within seven days of the last date of being available for work in
the UK, this condition is satisfied up to the date of registering.

C3147

The Secretary of State can extend the period of seven days (1). Where the Secretary
of State extends the period for registering, the claimant is not disentitled for claiming
late (2) for the period up to the date of registering. That person should normally also be
accepted as available for and actively seeking work for that period.

1 Reg (EC) 883/04, Art 64(1)(b); 2 SS A Act 92, sec 1(1)(a)

C3148

A person is not entitled to JSA from the first day of absence from GB (1) until the day
before registering, if that person
1. does not register within seven days (or a longer period allowed by the
Secretary of State) and
2. does not return to the UK
within seven days (see C3150).

1 R(S) 1/66

C3149

A person who does not register with the employment service of the other country is
not entitled to exportable JSA (1). A person is not entitled to exportable JSA even if the
failure to register
1. is because of incorrect information given by the DWP or
2. because the authorities in the other country refused to allow the claimant to
register (2).
1 R(U) 5/78; Case 20/75 d'Amico v Landesversicherungsanstalt

Rheinland - Pfalz; 2 R(U) 5/78

C3150 « C3148

A person is still entitled to JSA (1) if that person
1. does not find work in the other EEA country and
2. returns to the UK within seven days without having registered with the
employment services of the other State.
1 CU/13/77, [1978] CMLR 174; CU/251/78, [1979] 1 CMLR 445

[C3151-C3159]

C3160 Procedures and conditions for the export of JSA « C3161 « C3163

In order for a claimant to continue to be entitled to JSA whilst abroad, certain
procedures have to be followed. The claimant must inform the DWP prior to
departure and request a document certifying that he retains entitlement whilst
looking for work in the other EEA state (1).

1 Reg (EC) 987/09, Art 55(1)

C3161

The DWP will (1)
1. inform the claimant about their obligations and
2. provide the certificate referred to in C3160.

1 Reg (EC) 987/09, Art 55(1)

C3162

That certificate will include the following information (1)
1. the date on which the claimant ceased to be available to the UK's employment services
2
the period within which the claimant must register with the employment
services of the other EEA state (this will normally be within 7 days of the date
the claimant ceased to be available to the UK's employment services but in
exceptional cases this period can be extended)
3. the maximum period that entitlement to JSA may be retained whilst the
claimant is seeking work abroad (i.e. 3 months)
4. the circumstances that are likely to affect entitlement to JSA.

1 Reg (EC) 987/09, Art 55(1)

C3163

The unemployed person must register as a person seeking work with the
employment services of the Member State to which they go and should provide the
certificate referred to in C3160 to the institution of the host member state. However,
if the claimant fails to provide the certificate the host Member State will contact the
DWP in order to obtain the necessary information.

C3164

The employment services of the host Member State will inform the unemployed
person of their obligations.

C3165

The institution of the host Member State will immediately send a document to the
DWP containing
1. the date on which the unemployed person registered with the employment
services and
2. the unemployed person's new address.

C3166

The institution of the host member state will arrange for checks to be carried out,
based on its own procedures for unemployment benefits (1). Where necessary, it will
immediately inform the DWP if any circumstances arise which are likely to affect
entitlement to JSA (1) and will notify the DWP monthly of subsequent registrations (2).

1 Reg (EC) 987/09, Art 55(5); 2 Art 55(4)

C3167

Exportable JSA is paid by the UK in accordance with UK legislation

1 Reg (EC) 883/04, Art 64(1)(d)

C3168

Any requirement to attend at an office of the Department for Work and Pensions is
satisfied if the person
1. attends at an equivalent office in the other country or
2. complies with the control procedures in the other country.

[C3169]

C3170 Procedures during period an unemployment benefit is exported to the UK

The UK carries out checks where an unemployment benefit has been exported from
another EEA country to the UK. UK DMs cannot decide whether there is entitlement
to the other country's unemployment benefit.

C3171

Where there is a doubt about continued entitlement the authorities in the other
country are informed. If appropriate, payment of the unemployment benefit is
suspended.

[C3172-C2189]

C3190 Agreements with Non-EEA countries « C3051

A person can still receive JSA whilst absent from GB in
1. the Isle of Man or
2. Northern Ireland (1).
1 SS (I of M) Order 77, Sch 1, Art 2; SS (N. Ireland Reciprocal arrangements) Regs 76, Sch 1, Art 2;

R(U) 8/81

C3191

There are agreements between the UK and Canada (1), Guernsey (2), the Isle of Man (3),
New Zealand (4) and Yugoslavia (5) which include JSA (6). Those agreements may (subject
to satisfying the qualifying conditions) allow insurance, residence or employment in
that country to count towards satisfying the contribution conditions for entitlement to
JSA.
1 The Social Security (Canada) Order 1995; 2 SS (Jersey & Guernsey) Order 94; 3 SS (I of M)
Order 77 4 The Social Security (New Zealand) Order 1983 5 The Family Allowances, National
Insurance and Industrial Injuries (Yugoslavia) Order 1958; 6 SS (RA) Order 1996
Note Following the break-up of Yugoslavia the reciprocal agreement between the
UK and Yugoslavia should be treated as separate agreements between the UK and
1. Serbia
2. Bosnia and Herzegovina
3. Croatia
4. the former Yugoslav republic of Macedonia
5. Montenegro and
6. Kosovo

C3192

In the agreements with the following countries the unemployment benefit paid by that
country is taken into account in deciding the maximum period for which JSA can be paid
1. Guernsey (1)
2. Isle of Man (2)
3. New Zealand (3) and
6. Northern Ireland (4).
1 SS (Jersey & Guernsey) Order 94, Sch, Art 16(3); 2 SS (I of M)
Order 77, Sch 1, Art 2(1);3 SS (New Zealand) Order 83, Sch,
Art 6(3); 4 SS (N.Ireland Reciprocal Arrangements), Regs 76, Sch 1, Art 2(1)

Example

A person who was unemployed and receiving UB in New Zealand moved to GB and
became entitled to JSA. That person had received UB for three months in New
Zealand. The maximum period of entitlement to JSA is also three months.
International Issues