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Challenge to UK's right to deny some EU migrants child benefit and child tax credits rejected by European judges
They think it's all over..........it is now!
They think it's all over..........it is now!
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Guys guys
It's a positive for Cameron and the Remain team
The European Court of Justice said it was lawful for the UK to withhold benefits to migrants if they did not have the right to reside in the UK.
Such "unequal treatment" was justified on the basis of "protecting a member state's finances", it ruled.
It's a positive for Cameron and the Remain team
The European Court of Justice said it was lawful for the UK to withhold benefits to migrants if they did not have the right to reside in the UK.
Such "unequal treatment" was justified on the basis of "protecting a member state's finances", it ruled.
Cameron with grand stand that reform change is possible within the EU and that the EU Court can dismiss the European Commission.
The EU powers that be are entering overdrive to persuade the UK to Remain.
The EU powers that be are entering overdrive to persuade the UK to Remain.
Following a long-running legal argument, the EU Court dismissed the European Commission's challenge to the UK's right to restrict benefits to migrants who are "economically inactive" on the grounds that they did not have the right to live in the UK.
the special status deal still hasn't been ratified though, if we remain they can tear it up the next day
I am sure that they can work it out.
This was a challenge against the UK government by the European Commission and the EU Court favoured the UK government.
The Remains rhetoric will be bolstered today.
This was a challenge against the UK government by the European Commission and the EU Court favoured the UK government.
The Remains rhetoric will be bolstered today.
Ha Ha how thick are you brextists. Can't even read a simple article.
Jun 14, 2016 -- 9:24AM, chelsea girl wrote:
Yet another 'nail' in remains coffin.
lol are you a blonde?
I suppose the brexit campaign will just lie about this, prob say it isn't legally binding or when the turks get in it will be changed.
dave
I think that you will get your wish and the UK will Remain, as the gifts are rolled out.
I think that you will get your wish and the UK will Remain, as the gifts are rolled out.
it begs the question what does 'economically inactive' mean, would have thought as long as you are on a zero hours contract, working very few hours a month, you could claim to be economically active, so it seems a very hollow victory for the remain lot.
Tuesday's court ruling relates to conditions introduced in 2004 on the right of migrants from the EU and European Economic Area who are "economically inactive" and their family members to claim certain benefits, known as the "habitual residence" test.
The European Commission had argued that the British process of checking whether claimants of child benefit and child tax credit are legally resident discriminates against foreign EU workers because British citizens are not checked in that way.
'economically inactive' would suggest a migrant claiming UK benefits but not being a legal resident.
The European Commission had argued that the British process of checking whether claimants of child benefit and child tax credit are legally resident discriminates against foreign EU workers because British citizens are not checked in that way.
'economically inactive' would suggest a migrant claiming UK benefits but not being a legal resident.
so the point is we have to spend shed loads on legals while the other side do likewise with money we gave them in order to do what we want if this foreign entity agrees, which we also pay for
madness
OUT OUT FOOKIN OUT
madness
OUT OUT FOOKIN OUT
More should be done.
Working Tax Credits for migrant workers for example.
WTC entitlement includes calculations from previous years earnings. The fact that EU migrants come from areas of a low minimum wage benefits them regarding WTC calculations.
There should be an indexed calculation to the standard of living from the country were they came from.
Because the minimum wage in Bulgaria is about 2500Euro but that may equate to someone in the UK earning £14,000 who may not qualify.
ALL working tax credits should be scrapped for EU nationals.
You could have a Bulgarian and a UK worker working side by side but the Bulgarian is getting an extra £40 a week and has just arrived in the UK.
Working Tax Credits for migrant workers for example.
WTC entitlement includes calculations from previous years earnings. The fact that EU migrants come from areas of a low minimum wage benefits them regarding WTC calculations.
There should be an indexed calculation to the standard of living from the country were they came from.
Because the minimum wage in Bulgaria is about 2500Euro but that may equate to someone in the UK earning £14,000 who may not qualify.
ALL working tax credits should be scrapped for EU nationals.
You could have a Bulgarian and a UK worker working side by side but the Bulgarian is getting an extra £40 a week and has just arrived in the UK.
^ But the EU commission say we have to treat ALL EU members citizens EQUALLY so we have to pay EU citizens working tax credits.
Will any reform changes come about regarding this? Unlikely.
Will any reform changes come about regarding this? Unlikely.
As an EU citizen you can come to the UK by exercising your right to free movement, you are then a 'qualified person' who has the right to live and work here.
Yes and qualify for all the privileges of that of a UK national.
That includes automatic rights to working Tax Credits if qualifying.
It is one way traffic though mrs people eater, this is what the UK Leavers are concerned with.
We have a more generous system than just about any other State.
That includes automatic rights to working Tax Credits if qualifying.
It is one way traffic though mrs people eater, this is what the UK Leavers are concerned with.
We have a more generous system than just about any other State.
The idea of working tax credits was to encourage UK unemployed back into work, because low wages were not enticing enough.
Tax Credits were not designed as an enticement for a foreign workforce. However they still qualify for them.
Tax Credits were not designed as an enticement for a foreign workforce. However they still qualify for them.
Jun 14, 2016 -- 12:04PM, ZenMaster wrote:
The idea of working tax credits was to encourage UK unemployed back into work, because low wages were not enticing enough.Tax Credits were not designed as an enticement for a foreign workforce. However they still qualify for them.
Doesn't work. Abolish it and reduce VAT... simples.
Silly me, I should have realised that these European judges will start to concede to
one or two of Camerons minor requests in order to try and save the EU'S bacon.
one or two of Camerons minor requests in order to try and save the EU'S bacon.
can anyone tell me WHO exactly was against the british case
was it the 500 million eu population
the individual countries, or what body, apart from the commission???
was it the 500 million eu population
the individual countries, or what body, apart from the commission???
Apparently it goes against EU membership to treat your own citizens more favourably than others.
Looks like we have found an 'economically inactive' loophole. Lets see if other states follow suit.
Looks like we have found an 'economically inactive' loophole. Lets see if other states follow suit.
On the surface it looks like wow, we actually got something.... when you scratch the surface its useless as per usual:
"The European Court of Justice said it was lawful for the UK to withhold family benefits to EU migrants who were not working if they did not have the right to reside in the UK"
................ well as ALL EU citizens have the right to reside and work in ANY member state, so that's pretty damn worthless on all counts, because the only ones that we can actually deny benefits to, are the ones that are not legally allowed to stay here, and I bet there are not many that fit that particular bill..
So yet again a decision is made for Britain, in a foreign nation, by a group of non British people that has as much worth as throwing a starving dog a chicken bone. VOTE LEAVE!!
"The European Court of Justice said it was lawful for the UK to withhold family benefits to EU migrants who were not working if they did not have the right to reside in the UK"
................ well as ALL EU citizens have the right to reside and work in ANY member state, so that's pretty damn worthless on all counts, because the only ones that we can actually deny benefits to, are the ones that are not legally allowed to stay here, and I bet there are not many that fit that particular bill..
So yet again a decision is made for Britain, in a foreign nation, by a group of non British people that has as much worth as throwing a starving dog a chicken bone. VOTE LEAVE!!
Burt
There is already a "habitual residence test" under EU law. The migrant needed to pass this to claim benefits.
The test covers factors such as the duration of the migrant's stay; their activity, including their source of income if they are students; their family status; and their housing situation. The migrant has to demonstrate a sufficient degree of attachment to the host country. The amount of time already spent in the country is not sufficient qualification in itself.
What the UK has won today is an additional test, the "Right to reside"
How much difference it makes to the attractiveness of our benefits system, who knows. Depends on the thoroughness of the test.
There is already a "habitual residence test" under EU law. The migrant needed to pass this to claim benefits.
The test covers factors such as the duration of the migrant's stay; their activity, including their source of income if they are students; their family status; and their housing situation. The migrant has to demonstrate a sufficient degree of attachment to the host country. The amount of time already spent in the country is not sufficient qualification in itself.
What the UK has won today is an additional test, the "Right to reside"
How much difference it makes to the attractiveness of our benefits system, who knows. Depends on the thoroughness of the test.
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