91997E2874

WRITTEN QUESTION E-2874/97 by Kenneth Coates (GUE/NGL) to the Commission (11 September 1997)

Subject: Freedom of movement

Under the Jobseeker's Allowance in the United Kingdom, unemployed people may only continue to claim benefit when they travel 'abroad' elsewhere in the European Economic Area, if they go abroad specifically to seek work. They cannot take a holiday elsewhere, in the EEA, or travel to attend a funeral of a member of their family, and retain their benefit. No such restrictions apply to employed or self-employed persons.

What can the Commission do about this discrimination against unemployed citizens of the European Union residing in the United Kingdom, which fails to conform with the provision 'to guarantee within the Community equality of treatment under the various national legislations ...'?

Answer given by Mr Flynn on behalf of the Commission (15 October 1997)

Under the Job seeker's allowance regulations 1996, a claimant is permitted two weeks holiday without loss of benefit or sanction, but this holiday is subject to conditions. In order to obtain this benefit, a person must be both actively seeking employment and available for work. Under regulation (19(1)(p) ('Circumstances in which a person is to be treated as actively seeking employment') a claimant must be treated as actively seeking employment for a maximum of two weeks, even if he is not actually seeking employment because he is on holiday, provided he remains available for work. Therefore, the employment officer must decide whether the claimant is still available for work in order to continue to receive the job seeker's allowance and if the claimant spends his holiday outside the United Kingdom he is not considered to be available for work.

The fact that the unemployed person may only claim unemployment benefit while looking for a job in another Member State under the conditions laid down in Article 69 of Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community ((Updated by Regulation (EC) No L 118/97 - OJ 28, 30.1.1997, lastly amended by Regulation (EC) No 1290/97 - OJ L 176, 1.7.1997. )) is in line with the fundamental right of equal treatment and the freedoms foreseen by the EC Treaty ((Judgement of the ECJ, 16.5.1991. Case C-272/90, Van Noorden, 1991, I, p. 2543. )).