UK faces court over migrant benefits

Jimbuna · 05-30-13, 11:36 AM

STEED and BossMark should love this

Quote:

Britain is being taken to court by the European Commission for allegedly discriminating against EU nationals who claim social security in the UK.
Ministers are accused of discriminating against those from EU member states who have been living and working in the UK.
It is alleged an extra residency test applied by the UK to see if migrants are eligible to claim breaches EU law.
Work and Pensions Secretary Iain Duncan Smith said he planned to fight the commission "every step of the way".

http://www.bbc.co.uk/news/uk-22712569

05-30-13, 03:28 PM

The government is onto a loser there.
The provisions it agreed to(with conditions on new member states) is essentially the same as has existed with Ireland since the free state got created.
If it is applying one set of laws and refusing to apply an identical set then it is clearly in breach of those laws.
I wonder if Britain backs down before October when universal credit kicks in and hits all those european workers in their wagepackets.?

STEED · 05-30-13, 03:43 PM

Well I have to say it this way, who ever is in power it will not make a jot until we get out of the EU.

tat501 · 05-30-13, 05:16 PM

Quote:

Originally Posted by Tribesman

The government is onto a loser there.
The provisions it agreed to(with conditions on new member states) is essentially the same as has existed with Ireland since the free state got created.
If it is applying one set of laws and refusing to apply an identical set then it is clearly in breach of those laws.
I wonder if Britain backs down before October when universal credit kicks in and hits all those european workers in their wagepackets.?

Absolutely. From a legal standpoint the Government hasn't got a leg to stand on really. Its obvious to the meanest intelligence that application to migrants from other EU states of a "residency test" which UK citizens do not have to pass directly discriminates and so will be found to be in breach of Art 45, as long as they are "looking for a job" and so are classified as a "worker".

If you are not working, cannot support yourself and are not looking for work, then you are not classified as a "worker" under Article 45 of the Treaty of the Functioning of the European Union.

As far as I can see, the only defence the government may put forwards is that the "residency test" is equivalent to requiring that the migrant from another MS simply be looking for work and thus exempts only those migrants who are not genuinely seeking employment in this country.

Of course, the elephant in the room here is that it was our past governments who happily signed us up to the EU and signed away our national sovereignty piece by piece without ever giving us the chance to have our say, except from the one time we were allowed a say on joining what was assumed to be only a "common market".

As we all know now, the idea that all the EUSSR would ever be was a common market was a fig leaf to get us all to accept it.

Its frankly ludicrous that now they have signed us up to these ridiculous requirements that are solely aimed at undermining our national sovereignty and our national homogeneity in order to create a new class of citizen loyal to the Federal EU rather than nation state now expect us to believe that they are really actually fighting against such an encroachment of our sovereignty! I'm not falling for that IDS. You politicos got us in to bed with Europe so don't pretend you didn't know the consequences.

BossMark · 05-31-13, 05:02 AM

Tell them to piss off its our bloody country if they don't pay in then they shouldn't get bugger all back

05-31-13, 06:05 AM

Quote:

Tell them to piss off its our bloody country if they don't pay in then they shouldn't get bugger all back

Make sure you don't let facts get in the way of your nationalist rant.
You sound jst like like IDS

BossMark · 05-31-13, 06:31 AM

Quote:

Originally Posted by Tribesman

You sound jst like like IDS

Not possible I speak with my heart, its impossible for IDS to do that as he don't have one

Oberon · 05-31-13, 11:42 AM

Quote:

Originally Posted by Tribesman

Make sure you don't let facts get in the way of your nationalist rant.
You sound jst like like IDS

Welcome to UK 2013 plc
Please leave all facts at the door.

05-30-13, 03:43 PM	#3
STEED Lucky Jack Join Date: Jan 2006 Location: Down Town UK Posts: 27,695 Downloads: 89 Uploads: 48	Well I have to say it this way, who ever is in power it will not make a jot until we get out of the EU. __________________ Dr Who rest in peace 1963-2017. To borrow Davros saying...I NAME YOU CHIBNALL THE DESTROYER OF DR WHO YOU KILLED IT!

05-31-13, 05:02 AM	#5
BossMark Fleet Admiral Join Date: May 2011 Location: Leeds, West Yorkshire Posts: 15,272 Downloads: 278 Uploads: 0	Tell them to piss off its our bloody country if they don't pay in then they shouldn't get bugger all back __________________ Never trust the Tories look what Thatcher and Major did in the 80s and 90s and look what the wicked witch May is doing now doing now

05-30-13, 03:28 PM	#2
Tribesman Stowaway Posts: n/a Downloads: Uploads:	The government is onto a loser there. The provisions it agreed to(with conditions on new member states) is essentially the same as has existed with Ireland since the free state got created. If it is applying one set of laws and refusing to apply an identical set then it is clearly in breach of those laws. I wonder if Britain backs down before October when universal credit kicks in and hits all those european workers in their wagepackets.?