The UK government is taking legal action to the European Court of Justice over EU rules that would allow non-EU nationals to obtain benefits in that country, even though the claimant may not be working or paying taxes. The Commission says that EU-wide "habitual residence" requirements are sufficient, and a further restriction would indirectly discriminate against non-UK nationals. The UK government says it is entitled to stop "non-active" non-EU migrants from claiming benefits because of that country's ability to opt-out under existing EU treaties.
Employment minister Chris Grayling said to the BBC, "We remain absolutely clear that it is wrong for people from other countries to get our benefits without working and paying taxes in this country....this legal action is designed to send a clear message that this is not acceptable."
The UK had been previously warned this year by the European Commission over its benefit eligibility tests and how they affect to EU nationals - namely that it is easier for UK citizens to prove their "right to reside" in the UK than it is for other EU nationals. Click here to see a Bulletin article with details of cases where both a non-UK EU national and a non-EU national had difficulty establishing their right to reside in the UK.