Brussels, 30/05/2013 (Agence Europe) - Despite almost two years of “official and unofficial” talks, the European Commission points out, the United Kingdom has barely changed its position on its famous “right to residency test”, which prevents other member states' citizens from benefiting from certain social benefits. The Commission considers that EU law in this field is sufficiently clear and strict. On Thursday 30 May, the Commission decided to refer the United Kingdom to the European Court of Justice for failing to apply safeguard rules on the rights of EU citizens. The United Kingdom has said that it “will fight this every step of the way and will not cave in” and described its test as “a vital and fair tool” to prevent bogus claims.
The Commission began its war on this test in September 2011 when it sent the British authorities a reasoned opinion. It argued that EU rules on the coordination of social security (Regulation No. 883/2004) and on the right to free movement do not allow member states to implement either direct or indirect discriminatory practices towards non-nationals. All EU nationals have the right to benefit from social security allowances, “including benefits that are of a non-contributory nature” once their “centre of interest” has shifted from one state to another.
The arguments still remain basically the same. The British residency test focuses exclusively on nationals from other member states and is, in the Commissions view, quite simply illegal because social security benefits, such as family support, child benefit, job seekers allowance, housing benefit and complementary income support should not be subject to any kind of discriminatory measure.
The United Kingdom's reaction was not long in coming and British Secretary of State for Pensions Iain Duncan Smith stated in the Guardian on 30 May that “the right-to-reside part of our habitual residence test is a vital and fair tool to ensure that benefits are only paid to people who are legally allowed to live in Britain. We have always been clear that we believe our rules are in line with EU law. If the Commission decides to begin legal proceedings, we will fight vigorously to ensure that our benefit system is protected from abuse by migrants”. The British government has already received the support of the opposition. Yvette Cooper MP, a member of the Labour Party's shadow cabinet affirmed that it “strongly opposes any moves to weaken” the system in place and that it should, in fact, be toughened up. (JK/transl.fl)