The Commission has referred the UK Government to the European Court over breaches in UK law over its failings in applying the habitual residence test to EU Nationals.
Instead the UK government applies the right to reside test. This is an additional test, and has been imposed unilaterally by the UK.
UK nationals meet the requirements of habitual residence by virtue of their UK citizenship, whereas other EU nationals have to demonstrate that they do have the “right to reside.”
The effect are that EU national who are unable to demonstrate that they do not have the right to reside cannot receive specific social security benefits.
· Child Benefit
· Child tax credit
· Job Seekers Allowance (income based)
· State pension credit
· Employments and support allowance