Nicholas Soames: To ask the Secretary of State for Work and Pensions how long a citizen of an East European (A8) member of the EU has to be in the UK before they can claim (a) jobseeker's allowance and (b) other benefits. [87782]

Chris Grayling MP; Minister of State: There is no set period in which an A8(1) national must reside in the UK before they can claim benefits. Since 1 May 2011, A8 nationals have had the same access to the UK labour market and benefit system as nationals of other, longer established EEA member states.

To claim any benefit, individuals must meet the normal entitlement conditions of that benefit, including any residence requirements. For example, A8 nationals who have worked in the UK and paid national insurance contributions may claim contributory benefits such as contribution-based jobseeker's allowance as soon as they satisfy the contributions and other conditions for the benefit.

A8 workers, like any other EEA nationals who have not paid sufficient contributions may claim income-based jobseeker's allowance providing they satisfy the habitual residence test. This requires an individual to demonstrate that they have a right to reside and are habitually resident in the common travel area(2). Those who are not defined as workers or who are not actively seeking work are generally unable to claim any income-related benefits regardless of the length of time they have lived in the UK.

The UK non-contributory disability benefits (disability living allowance, attendance allowance and carer's allowance) have residence and presence conditions, which require claimants to be ordinarily resident and to be present in the UK for 26 out of the last 52 weeks. Migrants do not have to satisfy the residence and presence conditions so long as they remain in work in the UK. In other cases, where the claimant has not been present for 26 out of 52 weeks, the UK must consider whether the claimant has a sufficient link to the UK before allowing a claim.

(1) The CzechRepublic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.

(2) The United Kingdom, the Channel Islands, the isle of Man, and the Republic of Ireland.