The ‘Right to Reside’ and Social Security Entitlements

Cousins, Mel

doi:10.1080/09649060701423206

Cited by 3 publications

(4 citation statements)

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“…The background to this issue has been discussed recently (Cousins 2007a, see also Larkin 2007). In brief, in the context of the expansion of the European Union in 2004, the United Kingdom -unlike most other Member Statesallowed access to the UK labour market for the nationals of the Accession countries, subject to a worker registration requirement.…”

Section: Abdirahman V Secretary Of State For Work and Pensions [2007]mentioning

confidence: 96%

“…As such, it requires objective justification. I have argued elsewhere that the Tribunal applied an incorrect standard as to the level of justification required and that, even assuming that the right to reside requirements could be considered to be independent of the nationality of the persons concerned, and that the national provisions involved a legitimate aim, the Tribunal made no effort whatsoever to assess whether the provisions were proportionate (see Cousins 2007a). However, the Court of Appeal, albeit obiter as the need for justification did not arise, upheld the Tribunal's approach of giving the issue the most cursory consideration.…”

Section: Cousinsmentioning

confidence: 98%

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The right to reside and access to social security in the Courts of Appeal

Cousins

2008

Journal of Social Welfare and Family Law

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Section: Abdirahman V Secretary Of State For Work and Pensions [2007]mentioning

confidence: 96%

Section: Cousinsmentioning

confidence: 98%

The right to reside and access to social security in the Courts of Appeal

Cousins

2008

Journal of Social Welfare and Family Law

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“… 16. There is an extensive literature on social security coordination that looks at the origins and early history. This includes Christensen and Malmstedt (2000), Cornelissen (1996; 2010), Cousins (2007), Martinsen (2005), Pennings (2005), Roberts (2000), Sakslin (2000), Watson (1980). Previous reforms have been examined in Pennings (2001; 2009).…”

mentioning

confidence: 99%

Brexit and the reform of social security coordination: The UK’s metamorphosis from rule maker to rule taker

Roberts

2020

European Journal of Social Security

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This article examines the United Kingdom’s negotiating position on the revision of the EU Coordinating Regulations proposed by the European Commission in December 2016, in the context of Brexit and the negotiations on the Withdrawal Agreement. The Withdrawal Agreement contains provisions on the future coordination of social security for UK and EU nationals who have exercised their freedom of movement rights before the end of the transition period. The coordination envisaged by the Withdrawal Agreement has not been sealed at the point of the UK’s departure but will continue to evolve and incorporate future changes in the EU Coordinating Regulations, including the reforms contained in the Commission’s current legislative proposal. The UK had a seat at the negotiating table until it left the European Union on 31 January 2020, which it used to try to influence the reform of the Coordinating Regulations to reflect its future interests. The article finds that, while the UK participated in negotiating the current revision of the Coordinating Regulations and several of the revisions are in line with its aims, its influence is waning as the UK moves from being a rule maker to a rule taker in Europe.

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“…25 Self-employed EU8 nationals are not required to register and have full EU rights immediately. 26For more, see the European Commission Report on the Free Movement of Workers in the United Kingdom in2008-2009 (2010), available at http://ec.europa.eu/, andCousins (2007).…”

mentioning

confidence: 99%

Residence as a Condition for Social Security in the United Kingdom: A Critique of the UK Right to Reside Test for Accessing Benefits and How it is Applied in the Courts

O'Neill¹

2011

European Journal of Social Security

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This article deals with the issues relating to the UK's Worker Registration Scheme for migrant workers from EU8 Member States and the ways in which the scheme prevents EU8 nationals from accessing social benefits that would otherwise be available to EU migrant workers. Additionally, it considers the right to reside test, introduced by the Accession Treaty derogations to free movement, which applies to all persons seeking social benefits in the UK, including whether or not the test ought to be applied when applying Regulation 883/2004 on social security co-ordination. The article concludes that the legislation enacted since 2004, and the judgments of British courts interpreting the legislation, constitute an incorrect application of European law, and a violation of the rights of EU migrant workers.

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The ‘Right to Reside’ and Social Security Entitlements

Cited by 3 publications

References 4 publications

The right to reside and access to social security in the Courts of Appeal

The right to reside and access to social security in the Courts of Appeal

Brexit and the reform of social security coordination: The UK’s metamorphosis from rule maker to rule taker

Residence as a Condition for Social Security in the United Kingdom: A Critique of the UK Right to Reside Test for Accessing Benefits and How it is Applied in the Courts

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