Brussels, 13/01/2014 (Agence Europe) - On Monday 13 January, the European Commission published a guide to help member states apply the habitual residence test for social security. It is keen to clarify the test, and as Employment Commissioner Laszlo Andor explained (whose department is responsible for the guide), the aim is to facilitate the free circulation of individuals within the EU and to point out the guarantees that prevent people from abusing social security systems in other member states.
The Commission has decided to publish the guide, which summarises the rules laid down in EU Regulation 883/2004 on the coordination of social security systems, barely a fortnight after the end of the transition period for Romanian and Bulgarian workers, who are now free to seek work anywhere in the EU. Andor explained that “mobile workers from other EU countries pay more in tax and social security into host countries' public budgets than they receive in benefits,” but alarmist fears of waves of immigrants have been voiced in countries like the United Kingdom and Germany, with talk of “social tourism,” the cost of “poverty immigration” and immigrants “stealing” jobs.
Much of the guide deals with complex issues like seconded workers and workers working in more than one member state. It clarifies the notions of “habitual residence,” “temporary residence” and “stay,'” to make it easier to decide which member state is responsible for providing social security benefits (only one member state is ever responsible). Whether working or not, an immigrant can be entitled to social security in the country in which he or she resides, and the country of habitual residence depends on the person's family situation and family ties, the duration and continuity of presence in the country in question, the job situation, whether the person is working or not, the source of income in the case of a student, the temporary or permanent nature of their housing and the member state in which the individual pays tax.
Unveiling the guide at a press conference, Andor stressed the economic importance of the freedom of circulation, which he said was “a cornerstone of the EU's Single Market, and of the European Union as a whole.” He said immigrants provide value-added for the host country, as various studies have demonstrated, but all the same, “it is necessary to have clear safeguards in EU law to prevent people from abusing social welfare systems of other EU countries.” Some people argue that the EU treaties need to be adjusted. On Sunday 12 January, British Secretary of State for Work and Pensions Iain Duncan Smith suggested that two years of habitual residence should be introduced in the United Kingdom for people from other countries of Europe (rather than the current three months under EU legislation) before they are entitled to social security. He said this would better reflect the immigrant's ability to contribute to the British economy. Without referring to this, Andor said that the current debate was “over-emotional and misguided.” (JK/transl.fl)