Law Commons^™

Social Assistance And The Right To Reside At The European Court Of Justice – Dano V Jobcenter Leipzig, Mel Cousins

Mel Cousins

This case involves an important decision of the Grand Chamber of the Court of Justice of the EU (CJEU) in relation to when Member States may refuse benefits to non-nationals who do not have a right of residence under EU law. The Court held that Article 24(1) of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States and Article 4 of Regulation No 883/2004 did not preclude a national law under which nationals of other Member States are excluded from entitlement to certain …

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

Mel Cousins

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.

The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins

Mel Cousins

This article examines a number of recent decisions of the Court of Justice of the European Union (“CJEU”) and their impact on the presence and residence rules for disability benefits, in particular the disability living allowance (“DLA”). It considers the approach which the courts may take to the export of disability benefits in the light of these recent decisions.

Patmalniece V. Secretary Of State For Work And Pensions, Mel Cousins

Mel Cousins

In Patmalniece the Court of Appeal has considered the compatibility of the UK right to reside requirement with Regulation 1408/71/EEC on co-ordination of social security for migrants. The Court earlier upheld the compatibility of the right to reside rule with the EU Treaty in Abdirahman. However, this case was different in that the claimant – unlike those in the previous cases - was within the personal scope of Regulation 1408/71.

The Right To Reside And Access To Social Security In The Courts Of Appeal, Mel Cousins

Mel Cousins

This case note looks at two decisions of the English and Northern Irish Courts of Appeal in relation to the right to reside requirement for access to certain social security benefits. In brief, in the context of the expansion of the EU in 2004, the UK – unlike most other member states – allowed access to the UK labour market for the nationals of the Accession countries subject to a worker registration requirement. At the same time the UK government strengthened the existing habitual residence test by requiring that, in order to be considered habitually resident, a claimant must have …

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.

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 …

The Habitual Residence Condition In Irish Social Welfare Law, Mel Cousins

Mel Cousins

This article examines the recently introduced habitual residence clause in Irish social welfare law. Part 1 sets out the background to the significant change. Part 2 outlines the legislation. Part 3 discusses the meaning of the term "habitual residence" while Part 4 looks at possible issues under EU law, in particular Council Regulations 1408/71 and 1612/68.1 Part 5 considers the possible impact of other international legal instruments.