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

Abstract

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.