European Court Throws out "Benefit Tourist" Bid

international | eu | news report

Thursday March 25, 2004 20:55

by Fergus

newsforthedeaf at yahoo dot com

The Minister for Social & Family Affairs, Mary Coughlin recently announced plans to introduce a two-year “habitual residence” test to restrict access to social welfare in Ireland.
This followed a similar move in the UK with whom we share a “common travel area”.
In both cases the restrictions were announced as being part of preparations for EU “enlargement” on May 1st.

After the restrictions were announced Minister Coughlin was questioned about the legitimacy of the rules under EU law.

To comply with EU law, the Minister was careful to introduce restrictions that targeted the “inactive” and which also included Irish people as well as EU and non-EU people.

On Tuesday 23rd a judgement in relation to “habitual residence” was reached in the European Court of Justice.
An Irish-American who was refused a jobseeker’s allowance in the UK lost his case against the British Government.

Profile of a “benefit tourist”

Brian Francis Collins was born in the US in 1957.
He holds dual Irish and American nationality.
During his student days he worked briefly in the UK in 1980-81.
17 years later
he returned to the UK on May 31, 1998.
Eight days later
He applied for social welfare.

Brian was refused ‘jobseekers allowance’ on the ground that he was not “habitually resident” in the UK, as required to qualify.

Brian appealed on the grounds that this UK law, breached EU laws.

arts 48 (2) of the EC Treaty on the free movement of workers.
art 6 on the prohibition of discrimination on grounds of nationality.
art 8 on citizenship of the EU

The UK’s Social Security Commissioner passed the case to the European Court of Justice (ECJ) for a ruling on whether the residency requirement was in line with EU law.

This week in Luxembourg almost six years later [?]
on March 23, the top court in Europe (ECJ) made a judgement.

Under consideration was
Council Regulation (EEC) No 1612/68 -
A “worker” from another state “shall enjoy the same social and tax advantages as national workers”.

However this only applied to people in employment, and not to persons merely seeking employment.

In this case Brian was not a “worker”.
Under this “worker” rule Brian also did not have the right of residence in the UK under Council Directive 68/360/EEC.

Judges shut Fortress door

“Jobseeker’s allowance is a social security benefit which requires in particular the claimant to be available for and actively seeking employment,”
“It may be regarded as legitimate for a member state to grant such an allowance only after (establishing) that a genuine link exists between the person seeking work and the employment market of that state.
“The existence of such a link may be determined by establishing that the person concerned has, for a reasonable period, in fact genuinely sought employment in the member state in question.”

Two years doesn't sound like a fucking "reasonable period" to me.

Welcome to the EU
On Friday 26th at the EU Spring Summit, discussions will focus on the progress of the Lisbon Agenda,
“reform of social protection systems, including pension systems, must go hand in hand.”

Seems to me that the real benefit tourists can be found at exclusive resorts like EU Summits.

EU court rejects 'benefit tourism' appeal
http://www.eubusiness.com/afp/040323124034.d1icyhau

Collins v Secretary of State for Work and Pensions
http://www.lawreports.co.uk/ecjmare0.3.htm

Inside + Outside - EU Enlargement Restrictions

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Comments (3 of 3)

Up to 50 elderly missionaries refused old-age pensions under new rules

by Patient

Mon Aug 23, 2004 16:00

Missionaries who have tried to claim old-age pensions this year have been refused, under new [benefit eligibility] rules.
Members of religious orders who lived abroad WERE entitled to collect pensions when they came home on leave...
However, under the new Habitual Residence Condition, applicants must be resident in the State for two years or more, with an intention to remain permanently.
The policy has been criticised by the Irish Missionary Union.
Social Affairs Minister, Mary [cockle-picker] Coughlin, said on Friday 20th Aug said it would be unfair to make exceptions for missionaries.
"Every effort is made to find grounds for making a positive decision when cases are being considered. These grounds, however, have to be compatible with EU law and other international and national legal obligations and it is not possible to discriminate in favour of any particular group or nationality."

Unfounded

Mon Mar 29, 2004 18:04

Yeah it's a bit strange that you have to be living for two years "seeking" a "job" before you can get "jobseekers" allowance.
I'd be fairly certain that this ruling will also answer the 'EU legal questions' about the two year 'habitual residence' test here in the
Ripofflic of Ireland.

About your - "it" to "mcdonals" "and not a scrounger" question.
Check the above "Inside + Outside - EU Restrictions" link

As for the questions on "how many" .
I haven't heard of any statistics.

Just rumours of "an influx" and "the flood".
Dept. of Social & Family Affairs = (01) 704 3000

On Feb 26th the European Commission +
a Dublin-based agency with a nice title -
the ‘European Foundation for the Improvement in Living and Working Standards’
released a report :
“This study confirms the view of the EU Commission that fears of a huge wave of migration from the new member-states after May 1st, will be proven to be unfounded”
“Extended pressure on existing social security systems in the old member states should not occur in the short run.”
- Margot Wallstrom

“There is no real evidence that people move here to live off social welfare allowance”
- Nuala Kelly, Migrant Rights Centre.

Unfounded rumours are useful for a govt. seeking to

take away social welfare and give the police riot gear.

so tell me

by pc

Fri Mar 26, 2004 17:58

you have to have been looking for and be unable to find work for two years before you can get "jobseekers" allowance....

is there any statistics how say of the romanian population in ireland on how many after say two years are still on social welfare

i know there a number of people irish and other who are not in a hurry to be looking for work but do how many european immigrants really spend the rest of the their lieves on social welfare...?

and isn't suppose to be your "usual" work ie all those ppl who lost high level it jobs are they suuposed to get work in mcdonals jsut to be working and not a scrounger

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European Court Throws out "Benefit Tourist" Bid

Comments (3 of 3)