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Social Welfare Law

Selected Works

2013

Residence

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Full-Text Articles in Law

A2 Workers And The Right To Reside In Ireland – Genov And Gusa V Minister For Social Protection, Mel Cousins Jun 2013

A2 Workers And The Right To Reside In Ireland – Genov And Gusa V Minister For Social Protection, Mel Cousins

Mel Cousins

This case involves a judicial review case in the Irish High Court of a refusal of jobseeker's allowance to two formerly self-employed persons (one Romanian, one Bulgarian) on the basis that they did not have a right to reside in Ireland (as required by the relevant provisions of the Social Welfare Acts). The case raises some similar issues to those raised in the recent Solovastru ruling, in particular, whether or not formerly self-employed workers retain a right to reside under EU law once their self-employment ceases. It was also argued that if the two workers did not have a right …

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Right To Reside Test Found Incompatible With Eu Law, Mel Cousins Jun 2013

Right To Reside Test Found Incompatible With Eu Law, Mel Cousins

Mel Cousins

In Patmalniece the UK Supreme Court ruled that in the case of state pension credit, where the right to reside test forms part of the habitual residence test, the right to reside test was not incompatible with EU law as it was objectively justified. However, the Chief Social Security Commissioner for Northern Ireland has recently ruled that the right to reside test is contrary to EU law in a case involving child benefit. This note analyses this decision. The EU Commission has also commenced infringement proceedings against the UK in relation to the compatibility of the test with EU law.

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