Boyd wrote:pete75 wrote:mercalia wrote:
yes it does as the benefit rules are designed to stop eg EU unemployed coming over here and getting benefits immediatley? Of course there is Osbornes legacy that you are referring to also
The UK government decided to impose the rule. There was no pressure from the EU to impose it. If your acquaintance had been living and working in another country for a couple of years why didn't he claim benefits there?
Of course there was no pressure from the EU to impose it. The only pressure they applied was to treat all EU citizens the same, even if they turned up from another country and applied for benefits without ever putting a penny into the system....
The right of EU citizens to claim benefits when resident outside their home country if far more complex that you suggest and is far from "treat all EU citizens the same".
What rights an EU citizen has depends on how long they have been in the host (not home) country and what they are or are not doing. So an economically inactive immigrant has no right to any benefit from the moment they take-up residence (under EU Freedom of Movement legislation). In fact, if economically inactive immigrants do not have adequate resources and would be a burden on the host state then they have no "Freedom of Movement" rights.
For others it can get complex under EU regulations. Under EU Freedom of Movement legislation a worker and their family have the same rights to benefits as a UK worker and their family. For somebody not working it gets very complex (and harder to define who is a "worker" and who s not). The EU treat somebody who has previously worked in the host state for over a year and was involuntarily made unemployed and has registered for work with the employment office as a "worker". Somebody losing their job between 6 months and a year will retain their "worker" status for a further 6 months (more if the host country wishes to grant them more). For somebody not covered by the previous work conditions, changes in 2004 established an exemption from equal treatment with nationals regarding social assistance for the first three months of residence, extending longer for jobseekers (after 6 months evidence of actively seeking employment with a realistic prospect of obtaining work can be required by the host state).
But a lot depends on exactly what benefits are being considered. Jobseekers (even having never worked in the host state before) have rights to some benefits from day one.
The EU categorises different benefits as "Social Benefits" (generally means tested benefits), "Social Security" (covering certain types of social risks e.g. relating to sickness, state pensions, unemployment, and maternity) and "Special Non-Contributory Benefits" (e.g. income support).
The Free Movement Directive does not provide for equal treatment from day one for EU citizens who move to another EU State for up to 3 months. EU rules use a proportional relationship between residence and equal treatment of EU citizens and nationals. The longer an immigrant resides in a EU State, the greater the number of benefits they can receive on equal terms with nationals.
This is EU Freedom of Movement legislation applying to all EU member states and not some interpretation of the UK implementation.
And the above is a summary overlooking many of the complexities ....!
So
Boyd wrote:... The only pressure they applied was to treat all EU citizens the same, even if they turned up from another country and applied for benefits without ever putting a penny into the system....
is certainly not the case. Far more complex.
Ian