David Cameron wants to toughen welfare rules for EU migrants. Photo: Getty
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What are EU migrants entitled to in terms of benefits and housing, and when?

David Cameron wants to delay benefits to EU migrants for four years, Labour for two years. What are they currently entitled to, when, and how much do they claim?

Upon arriving in this country, what can EU migrants receive in terms of benefits, and when?

The government has recently introduced harsher rules for what EU migrants can receive. These include jobseekers from the European Economic Area (EEA) – predominantly migrants from EU states – having to wait three months before they can claim for Jobseekers’ Allowance. This is the same for accessing child benefit and child tax credits.

To stay longer than three months, they have to be in work, actively seeking work, or have a genuine chance of being hired. Either that, or they have to prove that they have the resources to remain without being a burden on public services.

EU migrants cannot automatically claim benefits after three months. They have to pass a “habitual residence test” under EU law. This covers the individual’s status regarding their duration of stay, activity, income if they are students, family status, and housing situation. Even if they pass this, they can then only claim Jobseekers’ Allowance for six months – after that, only those with a job offer or proof they are likely to find work are allowed to continue claiming.

On top of the tests required under EU law, the UK applies an additional test: the “right to reside”. This limits certain benefits. The European Commission sees this as an unfair extra hurdle and has referred the UK to the EU’s Court of Justice on the matter.

 

How many of them are housed by the state?

There are similar levels of UK nationals and foreign-born individuals living in social housing: 17 per cent and 18 per cent, respectively. It is not the case that immigrants receive preferential treatment on council housing lists.

The immigrant population is almost three times as likely to be in the private rental sector than their UK-born neighbours: 38 per cent compared to 14 per cent.

From April this year, new EEA migrant jobseekers have no longer been allowed housing benefit.

The housing minister Brandon Lewis commented:

Foreign nationals coming to the UK should be under no illusion that they will get free housing if they fall on hard times. They will find no stepping stones to a social home, because we’ve changed the rules so local people have priority.

 

Can they bring family over?

Yes, providing their family members are EU citizens. They will be subject to the same scrutiny as outlined above.

 

How many migrants are in employment?

The latest DWP figures from 2014 show that there are 1.73m EU nationals working in the UK, equal to 5.7 per cent of all people in work. There are 1.19m non-EU nationals working in the UK, which is 3.9 per cent.

The employment rate for non-UK born workers is 70 per cent, compared to the 73.2 per cent of UK born workers. The employment rate for EU nationals living in the UK is 79 per cent. This is according to the latest figures, from the April-June 2014 Labour Force Survey.

The UK is the only EU country to have a lower unemployment rate for migrants than nationals (7.5 per cent to 7.9 per cent respectively), suggesting a key reason for migration to the UK is to find work.

Since the early 2000s, the presence of foreign-born workers has grown fastest in relatively low-skilled jobs.

 

How many of them claim benefits?

Less than 5 per cent of EU migrants are claiming Jobseekers’ Allowance, while less than 10 per cent are claiming other DWP working-age benefits.

On top of this, the think tank Class found that of those who claim Jobseekers’ Allowance, 91.5 per cent are UK nationals. Additionally, among unemployed migrants, only 1 per cent claim unemployment benefits, compared to the 4 per cent of unemployed UK nationals who are claimants.

Rather than being “benefit tourists”, migrants to the UK make a net contribution, as they pay more in taxes than they take out in benefits. A UCL study this month found that the UK gains £20bn from European migrants. And a study by the OECD last year found that migrants make a net contribution of over £2000 per head.

 

Sources: Spokespeople at the Home Office, the Department for Work and Pensions, and the Department for Communities and Local Government; European Commission report, 2012 http://ec.europa.eu/economy_finance/publications/economic_paper/2012/pdf...4_en.pdf; the Migration Observatory at the University of Oxford; the Migration Matters Trust; the Office of National Statistics; the Refugee Council; Turn2Us; the BBC; British Future; Class report Why immigration is good for all of us http://classonline.org.uk/docs/why_immigration_is_good_for_all_of_us.pdf; House of Commons Library: Asylum Statistics, 5 August 2014 file:///Users/anooshchakelian/Downloads/SN01403%20(1).pdf; Eurostat statistics; OECD International Migration Outlook 2013 http://www.keepeek.com/Digital-Asset-Management/oecd/social-issues-migration-health/international-migration-outlook-2013_migr_outlook-2013-en#page1

Anoosh Chakelian is senior writer at the New Statesman.

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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