By Ben Kopp
Impunity Watch Reporter, Europe
LONDON, United Kingdom – The European Commission (“EC”) has alleged that, by applying a “right-to-reside” test in addition to European Union standards, Britain discriminates against EU nationals.
Meant to be applied in all EU countries, the EU standard ensures eligibility of welfare payments for EU nationals who migrate between EU nations. However, while British and Irish citizens always pass Britain’s “right-to-reside” test, other Union nationals who pass the EU test are denied under the British test.
Additionally, the British test denies EU migrants rights to child benefits, a child tax credit, income based jobseeker’s allowance, state pension credit and income based employment and support allowances.
In a separate statement, the EC claimed that “UK nationals have a right to reside in the UK solely on the basis of their UK citizenship, whereas other EU nationals have to meet additional conditions in order to pass this right to reside test. This means that the UK discriminates unfairly against nationals from other member states. This contravenes EU rules on the coordination of social security systems which outlaw direct and indirect discrimination in the field of access to social security benefits.”
Jonathan Portes of the National Institute of Economic and Social Research stated that while EU migrants pay thirty percent (30%) more in taxes than take out in benefits, the migrants are also “significantly less likely” to claim benefits than British nationals. Additionally, government statistics in the UK reveal that migrants contribute ten percent (10%) of the Gross Domestic Product (GDP), and are only eight percent (8%) of the total population.
Nevertheless, on May 30, Britain declared that it would fight the EC’s legal action “every step of the way.” Work and Pensions Secretary, Iain Duncan Smith vowed, “I will not cave in and I will continue to work on strengthening our benefit system in the meantime to ensure it is not open to abuse by anyone.” That statement comes amidst fears from the UK Independence Party that Romanian and Bulgarian immigrants will create a surge of benefit claims when EU-imposed restrictions are lifted next year.
Duncan Smith added, “If we do away with our right-to-reside test, what will happen almost immediately is that people from day one will be eligible to income-related benefits.”
British Prime Minister David Cameron has permitted his Conservative Party to draft a bill and commit Britain to an in-out vote on EU membership. However, Cameron claims that he prefers for Britain to remain in a reformed EU. The United States, Britain’s closest ally has expressed a preference for Britain to retain membership.
On May 31, UK Foreign Minister William Hague said, “Too often, the British people feel that Europe is something that happens to them, not something they have enough of a say over.”
Despite economic fears with reform, a reasonable standard exists. After all, thirteen British colonies found a solution to the Articles of Confederation roughly 225 years ago.
For further information, please see:
BBC – UK’s Hague Wants ‘Red Card’ to Challenge EU Laws – 31 May 2013
Reuters – Britain Asks Germany to Help Lead Reform of EU, Explains How – 31 May 2013
BBC – UK Faces European Court over Benefits for EU Nationals – 30 May 2013
The Guardian – Iaian Duncan Smith Accuses European Commission of Benefits ‘Land Grab’ – 30 May 2013
The Guardian – UK Faces Court Action over EU Migrant Benefits – 30 May 2013
The Independent – ‘I’ll see you in court’: Works and Pensions Secretary Iain Duncan Smith vows Britain Will Fight Europe over Welfare Benefits for Immigrants – 30 May 2013
International Business Times – UK Taken to European Court over Migrant Benefits: Britain Pledges Legal Fight with EU over Discrimination against EU Nationals Claiming Social Security in UK – 30 May 2013
The Telegraph – Brussels Takes Britain to EU Court over Immigration Benefits – 30 May 2013
The Wall Street Journal – U.K. Plans to Fight EU over Access to Benefits – 30 May 2013
