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EU Ruling-Habitual Residency Test for Social Welfare claims Against The Law


neutral_lurker

Well-known member
Joined
May 28, 2009
Messages
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The case is specifically between Britain and the Commission, but other countries which impose restrictions on access to welfare for migrants – Denmark, France and Ireland – are likely to be affected too

Ministers have been warned that restrictions on claims by immigrants are against the law and must be scrapped

At the moment, a 'habitual residency test' is used to establish whether migrants from the EU are eligible for benefits.

To qualify for jobseeker's allowance, employment support allowance, pension credit and income support, they must demonstrate that they either have worked or have a good opportunity to get a job.

I think similar tests apply here.

'EU law leaves it to member states to determine the details of their social security schemes and social assistance schemes, including the conditions on awarding benefits.

‘However, when making use of this competence, member states have to comply with the fundamental principles of EU law, such as the right to equal treatment on the basis of nationality. Having examined the “right to reside” test... it is not compatible with different legal provisions of EU law.’


How can countries with finances like ours and Britains be expected to implement this. This ruling seems madness due to the amount these countries are borrowing to stay afloat, I'm not so up on the workings of the EU - can a country choose not implement this, will they face sanctions

Read more: EU warns Britain it can't stop thousands more migrants claiming welfare handouts | Mail Online
 
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