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Full-Text Articles in Law
Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Social Security, Social Assistance, And "Special Non-Contributory Benefits": The Never-Ending Story, Mel Cousins
Mel Cousins
This commentary looks at a number of recent cases concerning the definition of social security and, in particular, special non-contributory benefits under the EU regulation on social security for migrant workers, regulation 1408/71.
The 'Right To Reside' And Social Security Entitlements, Mel Cousins
The 'Right To Reside' And Social Security Entitlements, Mel Cousins
Mel Cousins
This case note looks at a decision by a Tribunal of Social Security Commissioners concerning the interpretation of the UK 'right to reside' test and its compatibility with EU law. The note sets out the background to the test, examines recent legislative changes, and discusses possible developments.
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
The Commission V Council (Special Non-Contributory Benefits) Judgment, Mel Cousins
Mel Cousins
This judgment concerns the definition of special non-contributory benefits which, although falling within the material scope of Regulation 1408/71, are not exportable under that Regulation. The Court held that a series of Finnish, Swedish and United Kingdom benefits to disabled persons were not ‘special’ benefits within the meaning of the Regulation.
Citizenship, Residence And Social Security, Mel Cousins
Citizenship, Residence And Social Security, Mel Cousins
Mel Cousins
In two recent cases the Court of Justice has considered the impact of Union citizenship on the long-standing issue of the exportability of social security payments. These decisions clarify (i) the position of the Court in relation to the material scope of the protection provided by Article 18 EC, i.e. that the exercise of free movement is itself sufficient to bring an issue within the scope of the Treaty regardless of whether the issue actually in dispute involves a question of Community law and (ii) that the Court will examine residence requirements as a restriction on the freedoms conferred by …