Entitlement to unemployment benefit is subject to the condition that a claimant must have at least 26 contributions paid or credited at the appropriate rate in the contribution year which governs the claim. The person concerned claimed unemployment benefit from 18 February 1986. He did not, however, qualify for payment as he had not the necessary contributions paid or credited in the period 6 April 1984 to 5 April 1985, the contribution year which governed his claim. He had been employed in the United Kingdom in that year but his British contributions could not be invoked under EC regulations for the purpose of his claim.
Article 67 of EC Regulations 1408/71 allows for the transfer of insurance records from one member state to another for unemployment benefit purposes, providing the last history of reckonable insurable employment is in the country of claim. The person concerned had not been employed in this country since his return from the United Kingdom and, accordingly, it was not possible to invoke his British record. He was advised of the position and he then made a claim for unemployment assistance. His claim for unemployment assistance was disallowed in August 1986 on the grounds that his means, derived from the value of capital, a pension and the profit from his holding, exceeded the maximum rate of unemployment assistance payable in his case.
He appealed against the disallowance on 6 October 1986 and, arising from contentions raised by him in support of his appeal his papers were returned to the social welfare officer for further inquiries. These inquiries will be completed as soon as possible and his case will then be submitted to an appeals officer for determination at the earliest available opportunity. His entitlement to unemployment assistance will be reviewed in the light of the outcome of the appeal. The delay in dealing with the unemployment assistance claim, which is regretted, arose because the social welfare officer had difficulty in contacting him as he changed address subsequent to making the claim.
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