UK faces European Court over benefits for EU nationals

On 30 May 2013 the European Commission announced that it had decided to refer the United Kingdom to the European Court of Justice because, in alleged breach of EU law, it was failing to apply the 'habitual residence' test to EU nationals who reside in the UK and claim social security benefits. Instead, the UK applies a so-called 'right to reside' test, as a result of which EU citizens cannot receive specific social security benefits to which they are entitled under EU law such as child benefit.

UK Work and Pensions Secretary Iain Duncan Smith said he planned to fight the Commission 'every step of the way'.
His promise to resist an alleged Brussels 'land grab' was part of a wider effort by Conservative ministers in the UK to renegotiate Britain’s relationship with the rest of the EU in advance of a proposed in-out referendum in 2017.

• Primary Source

ESO: Background Information: Cameron announces tough measures to discourage immigrants http://www.europeansources.info/record/cameron-announces-tough-measures-to-discourage-immigrants/

European Commission: RAPID: Press Release, IP/13/475: Social security benefits: Commission refers UK to Court for incorrect application of EU social security safeguards http://europa.eu/rapid/press-release_IP-13-475_en.pdf

The Guardian, 30.05.13: Comment is Free: Of borders and benefits: social security for EU nationals (editorial) http://www.guardian.co.uk/commentisfree/2013/may/30/borders-benefits-social-security-eu-editorial

The Guardian, 30.05.13: Iain Duncan Smith accuses European commission of benefits 'land grab' http://www.guardian.co.uk/uk/2013/may/30/uk-government-eu-migrant-benefits?INTCMP=ILCNETTXT3487

EurActiv, 31.05.13: EU takes UK to court over labour restrictions http://www.euractiv.com/socialeurope/eu-uk-court-labour-restrictions-news-528171

EUObserver, 31.05.13: EU takes UK to court over social benefits test http://euobserver.com/social/120316

Blog: Euromove, 01.06.13: The UK and the rights of citizens http://euromove.blogactiv.eu/2013/06/01/the-uk-and-the-rights-of-citizens/

Blog: European Commission: Representation in the UK, 31.05.13: Here again: the reals facts on migration and the rights to claim benefits in the EU http://blogs.ec.europa.eu/ECintheUK/here-%E2%80%93-again-%E2%80%93-the-real-facts-on-migration-and-the-rights-to-claim-benefits-in-the-eu/

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