Press Release: Social security benefits: Commission refers UK to Court for incorrect application of EU social security safeguards

After several formal and informal contacts between the European Commission and the UK authorities, the Commission has decided to refer the United Kingdom to the EU's Court of Justice because, in breach of EU law, it fails 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.

ESO: Background information: Memo: May infringements package: main decisions http://www.europeansources.info/record/memo-may-infringements-package-main-decisions/

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