To ask the Secretary of State for the Home Department (1) what test is applied to European Community national work seekers in receipt of income support for over six months following the amendment to regulation 21(3) of the Income Support (General) Regulations 1977, introduced on 12 April;(2) what action will be taken by his Department if income support is still in payment after six months to a European Community national considered not to have a genuine chance of finding work by the Employment Service.
Where a European Community national has been seeking work here for over six months and is in receipt of income support, his position is reviewed, taking into account any relevant information including an assessment from the Employment Service, of the person's work seeking activities and chances of finding work. If the European Community national is considered not to have any right, under EC law, to remain here, he is informed that he is no longer lawfully present and that he should leave the United Kingdom. He is then no longer eligible for the payment of income support.
To ask the Secretary of State for the Home Department what practical distinction he makes in considering whether nationals of other EC countries in receipt of income support are lawfully present in the United Kingdom between the tests of (a) a genuine chance of finding work or (b) a reasonable chance or opportunity of finding work.
In deciding whether a European Community national who is in receipt of income support is lawfully present in the United Kingdom, the criteria established by the European Court of Justice judgment of 26 February 1991 in the case of Antonissen—case C 292/89—are applied. These have the effect that the person must show, among other matters, that he has "genuine chances of being engaged".