§ Dr. Howellsto ask the Secretary of State for Social Security what is his Department's policy toward nationals of EEA countries who have been engaged in casual employment in relation to whether they are regarded as being within the provisions of regulation (EEC) No. 1612/68, and whether they are exempt from the habitual residence test for claims for income support.
§ Mr. Roger EvansWork has been defined by the European Court of Justice as needing to be "genuine and effective" before the person performing it comes within the scope of regulation (EEC) No. 1612/68. A national of an EEA country who has been engaged in "genuine and effective" work and who claims income support when unemployed is treated as being habitually resident.