News

/ News
Judgment of the ECJ: UK can refuse some social benefits

16.06.2016

Judgment of the ECJ: UK can refuse some social benefits

The European Court of Justice ruled that the United Kingdom can restrict the rights of nationals of other Member States, who are not entitled to a right of lawful residence in the country where they apply for child benefit and child tax credit.

That is because the source of these payments is tax and not personal installments and according to UK national law the payments are granted to people who as a general rule live in the country and have a lawful right of residence there.

By its application to the ECJ, the European Commission submitted that such actions were discriminatory and UK was in breach of European provisions regarding the equal treatment of all nationals of the EU.

However, the Court considered that this difference in treatment can be justified by a legitimate objective such as the need to protect the finances of the host Member State, provided that it does not go beyond what is necessary to attain that objective.

Source:

The UK can require recipients of child benefit and child tax credit to have a right to reside in the UK http://curia.europa.eu/jcms/upload/docs/application/pdf/2016-06/cp160063en.pdf

 

 

 


EuroCases

340VAT excl.

for account per year

For full pricelist see here

Buy now Free trial
TAX & FINANCIAL STANDARDS

240VAT excl.

for account per year

For full pricelist see here 

Buy now Free trial