PEOPLE FROM ABROAD

Immigration law and social security

LDMG0310       10.00am – 4.30pm        8-9 February 2011
LDMG0111       10.00am – 4.30pm        24-25 May 2011
LDMG0212       10.00am – 4.30pm        7-8 December 2011

People coming to the UK from abroad face many difficulties in claiming social security benefits and tax credits. Advisers can find this area of the law difficult and intimidating. This two-day course offers an opportunity for advisers to gain confidence and skills by taking an in-depth look at the rules. The course covers:

• how to identify different immigration statuses and recognise benefit entitlement;
• an overview of NASS;
• the ‘public funds’ test;
• sponsorship;
• the habitual residence test;
• the right-to-reside test;
• provision for asylum-seekers;
• the rights of European nationals.

“Thank you, I learnt a lot. It will be of great practical use to me.”

Level Standard
Tutors Fiona Ripley and a trainer from CPAG's welfare rights team
CPD hours 10
NOS LA50,LA57 and LA58

CPAG Publication

Benefits for Migrants Handbook

Rights of EU/EEA nationals

LDEC0210       10.00am – 4.30pm       16 March 2011
LDEC0111       10.00am – 4.30pm       29 June 2011
LDEC0212       10.00am – 4.30pm       20 March 2012

EC law has an ever-increasing impact upon UK social security. It has proved particularly effective as a tool to challenge areas such as the habitual residence test and in eliminating rules which discriminate between men and women. However it has taken on much greater significance for advisers since the introduction of the right to reside test. This one day course sets out to provide advisers with an understanding of EC law and its potential.

It will explore the main areas of EC law which impact on the UK system. In particular the course will focus on:

• the rights of EEA nationals to enter another EEA State;
• the rights of residence in EC law of EEA nationals and family members;
• the co-ordination of social security systems within the EEA;
• how EC Law can help to overcome UK rules such as the right to reside test;
• the right of EEA nationals to rely on periods of employment in another member state in order to qualify for benefits in the UK;
• the rights of EEA nationals to take certain benefits abroad to other EEA states;
• the current position for people wanting to export AA, DLA and or CA in the light of the case law from the European Court of Justice.

Participants should have a comprehensive understanding of the UK social security system.

Level Experienced
Tutor A trainer from CPAG's welfare rights team
CPD hours 5
NOS LA50, LA57 and LA58

CPAG Publication

Benefits for Migrants Handbook

Right to reside and habitual residence

LDRP0111       10.00am – 4.30pm       6 April 2011
LDRP0211       10.00am – 4.30pm       19 October 2011

The course is aimed at equipping advisers to provide advice to European nationals and their family members about their rights to access means tested benefits, child benefit and child tax credit. All of those benefits are subject to a requirement that the claimant has a “right to reside”.

The course covers:

• distinguishing the right to reside and habitual residence tests from other residence/immigration status rules in the benefit system;
• explanation of the relationship between the right to reside requirement and habitual residence test and what is a sufficient right to reside to satisfy the test;
• detailed consideration of the various residence rights for European nationals: rights as workers, self employed, retaining those statuses, permanent residence rights and the rights of family members etc;
• the special rules that apply to nationals from accession states of Eastern Europe and the Baltic region (“A8” and “A2” nationals).

Level Standard
Tutor Martin Williams
CPD hours 5
NOS LA50 & LA57

CPAG Publication

Benefits for Migrants Handbook

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