EAT Freedom of movement of persons – Citizenship of the European Union – Right of residence – Directive 90/364/EEC – Limitations and conditions – Person working in a hostel in return for benefits in kind – Entitlement to social assistance benefits.
Advocate General Geelhoed said: ‘So long as social security systems have not been harmonised in terms of the level of benefits, there remains a risk of social tourism, ie moving to a Member State with a more congenial social security environment.’ and ‘The basic principle of Community law is that persons who depend on social assistance will be taken care of in their own Member State.’
Citations:
C-456/02, [2004] EUECJ C-456/02, [2004] All ER (EC) 1065, [2004] ECR I-7573, [2005] CEC 139, [2004] 3 CMLR 38, [2004] All ER 1065, ECLI:EU:C:2004:488
Links:
Jurisdiction:
European
Cited by:
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Cited – Kaczmarek v Secretary of State for Work and Pensions CA 27-Nov-2008
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit . .
Cited – Patmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 21 June 2022; Ref: scu.214252