Examples of cases – worker under EU law

An Italian citizen travels to Denmark in July 2024. On 26 August 2024, he gets a job working 10 hours a week earning 120 kr. an hour and being entitled to vacation according to the Danish Holiday Act. In September 2024, he starts studying and applies for SU. We approve that he can receive SU as worker under EU law from September. He can then receive SU as long as he studies and, at the same time, works a minimum of 10–12 hours a week.

A German citizen travels to Denmark in April 2024 and immediately gets a job 12 hours a week. When he starts studying in August 2024, he is granted SU as a worker under EU law. In September, he stops working but does not inform us until December 2024. We therefore discontinue his SU and require him to pay back his SU for the months of September to December as he could not be considered a worker in Denmark according to EU law during this period.

A Spanish citizen travels to Denmark in January 2024. In February 2024, she starts studying but has no paid work and therefore does not qualify for SU as a worker under EU law. On 2 April 2024 she starts working 12 hours a week and therefore applies for SU from the same month. We approve that she can receive SU as worker under EU law from April. She is entitled to SU as long as she studies and works a minimum of 10–12 hours a week.

A Swedish citizen travels to Denmark in March 2024. In the first 6 months she works approximately 30 hours a week. In September 2024 she is admitted to a study programme and applies for SU. At study start she reduces her working hours to 8 hours a week. It is stated in her employment contract that she is not entitled to pay during holiday or remuneration during illness and that a collective agreement does not apply to the employment. After a concrete assessment of all the specific circumstances of her case, her application for SU is rejected because we find that she is not considered a worker under EU law while she studies.

A Norwegian citizen receives SU as a worker under EU law while studying in Denmark because she works 13 hours per week. On February 1, 2024, she is terminated with one month’s notice due to lack of assignments and registers the same day as a job seeker on www.jobnet.dk with the intention of finding new employment, which she immediately informs us about. We assess that she became involuntarily unemployed and registered as a job seeker immediately after her termination with the intention of finding new employment. On an ongoing basis we will assess whether she can continue to be considered a worker under EU law.

A Hungarian citizen is studying in Denmark and receives SU as a worker under EU law because he works 12 hours per week. On May 24, 2024, he is terminated with one month’s notice without informing us. During our monitoring of his status as a worker in November 2024, we discover that he has not had a job from July to October 2024. He registered as a job seeker on July 19, 2024, on www.jobnet.dk. From November 1, 2024, he begins a new job working 15 hours per week. His SU from July through October 2024 must therefore be repaid, as we assess that he cannot maintain his status as a worker in Denmark under EU law due to involuntary unemployment. We emphasize that he did not immediately register as a job seeker after his termination. He continues to receive SU from November 1, 2024, when he once again fulfills the conditions to be considered a worker in Denmark under EU law.

A Romanian citizen travels to Denmark in September 2023 and begins working 11 hours per week as a waiter. When he starts studying in November 2023, he is granted SU as a worker in Denmark under EU law. In April 2024, he fractures his ankle. He immediately submits medical documentation confirming that he is temporarily unable to work due to illness for six weeks, as he is not allowed to put weight on his foot or walk long distances, which are essential for performing his job as a waiter. We approve that he maintains the status as worker during the period. After the six weeks, he resumes his job, working 11 hours per week, and is therefore still eligible to receive SU.

A Polish citizen receives SU for her education as she works 15 hours per week and is considered a worker under EU law. In January 2024, she informs us that she will undertake a six-month unpaid internship in the United States, taking a leave of absence from her job from February to July 2024. She cannot receive SU during her internship period because she is no longer a worker in Denmark. Upon returning from the United States and resuming her job alongside her studies, she can receive SU again after reapplying for SU and equal status with Danish citizens.

A French citizen has started a business in 2024 in Denmark and now applies for SU. She submits documentation showing that there are economic activities in her business in the form of invoices and financial statements for the current year. Furthermore, she submits a copy of all contracts she has made with business partners, a business plan, an expected monthly budget, showing her income and expenses for the next 12 months. It appears from the documentation that she expects an annual turnover of 72.000 DKK, corresponding to 6.000 DKK per month.

We conduct a specific assessment of the submitted documentation. We assess that she runs the business on a fairly regular basis in a serious matter and with the purpose of achieving economic profit. We also assess that the extent of the business’ economic activities is of such a size that she can be considered a self-employed person. Therefore, we assess that she has proven to have established herself as a self-employed person in Denmark under EU law. She is thus entitled to receive SU as long as she continues to run her business to the same extent along with her studies.