Question to the Home Office:

To ask the Secretary of State for the Home Department, what measures are in place to support victims of human trafficking who do not pass the Genuine Prospect of Work test.

The Genuine Prospect of Work test is critical to the integrity of the benefits system. Where they are exercising EU treaty rights, EEA migrants are eligible for income-based Jobseekers Allowance (JSA) for a period of 3 or 6 months, depending on whether they have a right to reside as a jobseeker or as a worker who has become involuntarily unemployed. At the end of this period all EEA nationals claiming JSA must provide compelling evidence that they have a genuine prospect of work, such as evidence of a job offer, to qualify for a short extension.

On referral to the National Referral Mechanism (NRM), victims of human trafficking are eligible for support through the Government-funded victim care contract, which includes accommodation and subsistence, for at least 45 days, which is longer than required under our international obligations. In many cases victims receive support for a longer period.

EEA Nationals who are identified as victims of human trafficking through the NRM may qualify for discretionary leave where, for instance, they are helping police with an investigation or where their personal circumstances are such that it would be detrimental for the individual to leave the UK. EEA Nationals granted discretionary leave for those reasons are entitled to JSA for as long as they have that leave.