ianstone
09-28-2010, 04:23 PM
An open door to benefit tourists: EU warns Britain it can't stop thousands more migrants claiming welfare handouts
By James Chapman (http://www.dailymail.co.uk/home/search.html?s=y&authornamef=James+Chapman)
Last updated at 12:52 PM on 28th September 2010
Comments (265) (http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html#comments)
Add to My Stories (http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html)
Benefits tourists are set to get the green light to come to Britain and immediately claim handouts totalling £2.5billion a year.
According to documents leaked to the Mail, ministers have been warned that restrictions on claims by immigrants are against the law and must be scrapped.
The European Commission's ruling threatens to open the door to tens of thousands who are currently deterred from coming to Britain.
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-0B60F12D000005DC-503_470x338.jpg Ruling: The decision by the European Commission could open the door to tens of thousands who are currently deterred from coming to Britain
At the moment, a 'habitual residency test' is used to establish whether migrants from the EU are eligible for benefits.
To qualify for jobseeker's allowance, employment support allowance, pension credit and income support, they must demonstrate that they either have worked or have a good opportunity to get a job.
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Benefit chiefs rack up £1m bill for office chairs... including a supersize model for employees weighing 43-STONE (http://www.dailymail.co.uk/news/article-1315761/Benefit-chiefs-1m-office-chairs-includes-model-43-stone-employees.html)
But after receiving a complaint that the rules infringed the human rights of EU citizens, the Commission began to examine them.
In a letter seen by the Mail, it warns that the restrictions are 'not compatible' with EU law.
It says: 'EU law leaves it to member states to determine the details of their social security schemes and social assistance schemes, including the conditions on awarding benefits.
‘However, when making use of this competence, member states have to comply with the fundamental principles of EU law, such as the right to equal treatment on the basis of nationality. Having examined the “right to reside” test... it is not compatible with different legal provisions of EU law.’
The letter, written to the individual who made the complaint and copied to the British government, is dated last December, but Whitehall sources claim ministers in the outgoing Labour government failed to argue against the proposals.
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-07A86D44000005DC-539_468x324.jpg Welfare handouts: The EU is attempting to force Britain to lift restrictions on claims made by incomers
Britain had toughened up its rules in 2004 when the EU was expanding its borders. The restrictions assess the eligibility of those from the EU and from Iceland, Liechtenstein and Norway.
But the Commission has begun legal proceedings against Britain to get restrictions on welfare claims by incomers scrapped.
If successful, the Government would be required to remove its deterrents to benefit tourism, including the right-to-reside test and an additional qualification for those claiming jobseeker’s allowance, that they must have worked for 12 months or more.
Officials warn the bill could be between £1.3billion and £2.5billion a year – hampering plans to rein in welfare spending.
However, Work and Pensions Secretary Iain Duncan Smith is understood to be determined to fight the move through the courts if necessary.
The Whitehall source warned: ‘This has the potential to open the doors of the benefits system to anyone coming here from the entire European economic area, who may have no intention of working or even looking for work but simply wants to claim benefits.
'We already have enough of a problem managing people who want to come here. But this would open up a whole new wave of benefit tourism.’
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-0B30FD1E000005DC-518_233x423.jpg Work and Pensions Secretary Iain Duncan Smith is expected to try and fight the welfare restrictions being lifted
Last year, 46,957 non-UK nationals took the habitual residence test. Of those, 24,604 passed and 22,353 failed. For the test, they are interviewed and asked about why they have come to the UK, how long they intend to stay and their employment arrangements.
‘Fundamentally this is designed to ensure people aren’t coming to the UK to be benefit tourists,’ added the source.
The Department for Work and Pensions said: ‘We are in discussions with the Commission as, in our view, the current rules are within the law and are right for the UK, and changing them now would not be in our interest.
Our rules fully support the freedom of workers within the EU, whilst making sure that there are reasonable restrictions on access to social security for those who have never worked in the UK.
‘This prevents unsustainable burdens being placed on our social security system. We will argue our case and work towards a favourable outcome.’
The case is specifically between Britain and the Commission, but other countries which impose restrictions on access to welfare for migrants – Denmark, France and Ireland – are likely to be affected too.
Britain’s test was introduced in 1993, but tightened in 2004 after concerns that residents of new member would move to the previous 15 member states to benefit from their generous social welfare systems.
Former Labour minister Margaret Hodge has argued restrictions should be toughened further to address voters’ concerns.
Read more: http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html#ixzz10rEZp2bT
By James Chapman (http://www.dailymail.co.uk/home/search.html?s=y&authornamef=James+Chapman)
Last updated at 12:52 PM on 28th September 2010
Comments (265) (http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html#comments)
Add to My Stories (http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html)
Benefits tourists are set to get the green light to come to Britain and immediately claim handouts totalling £2.5billion a year.
According to documents leaked to the Mail, ministers have been warned that restrictions on claims by immigrants are against the law and must be scrapped.
The European Commission's ruling threatens to open the door to tens of thousands who are currently deterred from coming to Britain.
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-0B60F12D000005DC-503_470x338.jpg Ruling: The decision by the European Commission could open the door to tens of thousands who are currently deterred from coming to Britain
At the moment, a 'habitual residency test' is used to establish whether migrants from the EU are eligible for benefits.
To qualify for jobseeker's allowance, employment support allowance, pension credit and income support, they must demonstrate that they either have worked or have a good opportunity to get a job.
More...
HARRY PHIBBS: How many more multi-billion pound EU orders must we cope with before Britain goes bust? (http://www.dailymail.co.uk/debate/article-1315876/How-multi-billion-pound-EU-orders-cope-Britain-goes-bust.html)
Cameron hints at tax cuts for middle-class once economy is back on track (http://www.dailymail.co.uk/news/article-1315104/Cameron-hints-tax-cuts-middle-class-economy-track.html)
Recovery IS underway: Boost for Osborne as IMF backs Coalition spending cuts (http://www.dailymail.co.uk/news/article-1315635/Boost-Osborne-IMF-backs-Coalition-spending-cuts.html)
In the dock: Modern-day Fagins who 'sent 200 Romanian children to beg and steal in UK' (http://www.dailymail.co.uk/news/article-1315672/Modern-day-Fagins-sent-200-Romanian-children-beg-steal-UK.html)
Benefit chiefs rack up £1m bill for office chairs... including a supersize model for employees weighing 43-STONE (http://www.dailymail.co.uk/news/article-1315761/Benefit-chiefs-1m-office-chairs-includes-model-43-stone-employees.html)
But after receiving a complaint that the rules infringed the human rights of EU citizens, the Commission began to examine them.
In a letter seen by the Mail, it warns that the restrictions are 'not compatible' with EU law.
It says: 'EU law leaves it to member states to determine the details of their social security schemes and social assistance schemes, including the conditions on awarding benefits.
‘However, when making use of this competence, member states have to comply with the fundamental principles of EU law, such as the right to equal treatment on the basis of nationality. Having examined the “right to reside” test... it is not compatible with different legal provisions of EU law.’
The letter, written to the individual who made the complaint and copied to the British government, is dated last December, but Whitehall sources claim ministers in the outgoing Labour government failed to argue against the proposals.
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-07A86D44000005DC-539_468x324.jpg Welfare handouts: The EU is attempting to force Britain to lift restrictions on claims made by incomers
Britain had toughened up its rules in 2004 when the EU was expanding its borders. The restrictions assess the eligibility of those from the EU and from Iceland, Liechtenstein and Norway.
But the Commission has begun legal proceedings against Britain to get restrictions on welfare claims by incomers scrapped.
If successful, the Government would be required to remove its deterrents to benefit tourism, including the right-to-reside test and an additional qualification for those claiming jobseeker’s allowance, that they must have worked for 12 months or more.
Officials warn the bill could be between £1.3billion and £2.5billion a year – hampering plans to rein in welfare spending.
However, Work and Pensions Secretary Iain Duncan Smith is understood to be determined to fight the move through the courts if necessary.
The Whitehall source warned: ‘This has the potential to open the doors of the benefits system to anyone coming here from the entire European economic area, who may have no intention of working or even looking for work but simply wants to claim benefits.
'We already have enough of a problem managing people who want to come here. But this would open up a whole new wave of benefit tourism.’
http://i.dailymail.co.uk/i/pix/2010/09/27/article-1315735-0B30FD1E000005DC-518_233x423.jpg Work and Pensions Secretary Iain Duncan Smith is expected to try and fight the welfare restrictions being lifted
Last year, 46,957 non-UK nationals took the habitual residence test. Of those, 24,604 passed and 22,353 failed. For the test, they are interviewed and asked about why they have come to the UK, how long they intend to stay and their employment arrangements.
‘Fundamentally this is designed to ensure people aren’t coming to the UK to be benefit tourists,’ added the source.
The Department for Work and Pensions said: ‘We are in discussions with the Commission as, in our view, the current rules are within the law and are right for the UK, and changing them now would not be in our interest.
Our rules fully support the freedom of workers within the EU, whilst making sure that there are reasonable restrictions on access to social security for those who have never worked in the UK.
‘This prevents unsustainable burdens being placed on our social security system. We will argue our case and work towards a favourable outcome.’
The case is specifically between Britain and the Commission, but other countries which impose restrictions on access to welfare for migrants – Denmark, France and Ireland – are likely to be affected too.
Britain’s test was introduced in 1993, but tightened in 2004 after concerns that residents of new member would move to the previous 15 member states to benefit from their generous social welfare systems.
Former Labour minister Margaret Hodge has argued restrictions should be toughened further to address voters’ concerns.
Read more: http://www.dailymail.co.uk/news/article-1315735/EU-warns-Britain-stop-thousands-migrants-claiming-welfare-handouts.html#ixzz10rEZp2bT