The Court of the European Union considers that the British legislation on social benefit is legal

This content was published on Jul 15, 2021 – 04:08 PM

Brussels, 15 July (EFE). – This Thursday, the Court of Justice of the European Union (CJEU) held that the UK’s legislation on social benefit called “universal credit” complies with the principle of equal treatment contained in Community Act, specifically, in the 2004 directive.

The Luxembourg-based court confirmed in its ruling that British rules are legal even if you leave without the help of an EU citizen who has been granted UK residency, as agreed in the Brexit agreement, but does not fulfill everything. Conditions of the 2004 European Directive on the right of community residents and their families to live and move about anywhere in the European Union.

In any case, the CJEU stressed that the competent national authorities must verify that the refusal of this social assistance does not put the EU citizen and their children at risk of violating their rights, guaranteed in the Charter of Fundamental Rights of the European Union. In particular, respect for human dignity.

The court ruled in this regard following the case of a poor woman, who holds Croatian and Dutch citizenship, and who has lived in the United Kingdom since 2018, but has not engaged in any economic activity.

She was living with her partner, a Dutch national, and their two children, before moving to a battered women’s shelter.

On 4 June last year, the UK Home Office granted him a temporary right to reside in the country as set out in the UK’s Withdrawal Agreement from the European Union.

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Four days later, the aggrieved party applied to receive the social benefit known as “universal credit”, but it was rejected on the grounds that the regulation for such assistance excluded EU citizens who had been granted the right of residence in the country. Brexit the context of the category of potential beneficiary.

The woman took the case to the Court of Appeal in Northern Ireland and noted, among other things, a difference in treatment between Union citizens legally residing in the UK and UK citizens.

Thus, the Court of Northern Ireland decided to ask the CJEU over the possible incompatibility of British law with the community’s prohibition of discrimination on the basis of nationality contained in the Treaty on European Union Action.

CJEU can rule on this because the case was brought before the end of the post-Brexit transition period, on December 31. EFE

jug / drs / pddp

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