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Top EU lawyer backs UK on migrant 'right to reside' benefits Migrant benefits: Top EU lawyer backs UK on 'right to reside'
(34 minutes later)
A top EU legal adviser has backed the UK government in a court battle with the European Commission over the UK's right to reside test for EU migrants.A top EU legal adviser has backed the UK government in a court battle with the European Commission over the UK's right to reside test for EU migrants.
The Commission argues that the test, introduced in 2004, discriminates against EU migrants, by setting extra conditions for certain social benefits.The Commission argues that the test, introduced in 2004, discriminates against EU migrants, by setting extra conditions for certain social benefits.
But the EU advocate general said such unequal treatment was justified by the UK's need to protect the state budget.But the EU advocate general said such unequal treatment was justified by the UK's need to protect the state budget.
Child benefit is among the payments affected by the right to reside test.Child benefit is among the payments affected by the right to reside test.
The European Court of Justice - the EU's top court - will now consider the advocate general's opinion before making a judgment on the Commission v UK case (called C-308/14).The European Court of Justice - the EU's top court - will now consider the advocate general's opinion before making a judgment on the Commission v UK case (called C-308/14).
In most cases the Luxembourg judges rule in line with that opinion, and ECJ rulings are binding throughout the 28-nation EU.In most cases the Luxembourg judges rule in line with that opinion, and ECJ rulings are binding throughout the 28-nation EU.
The UK Conservatives - pushing for tighter rules on EU migrant benefits - welcomed the lawyer's opinion.
"This is very welcome news for Britain's drive to combat benefits tourism. If adopted by the court it bodes very well for [Prime Minister] David Cameron's renegotiation programme," said Anthea McIntyre, Conservative spokesperson on employment in the European Parliament.
It is important for Mr Cameron because of his drive to reform the UK's EU membership terms.
The right to further restrict EU migrants' access to social benefits is a key part of that campaign, ahead of the UK's in/out referendum on EU membership, set to take place before the end of 2017.
The UK Conservatives insist that migrants should pay sufficient contributions before being entitled to state benefits.
Child benefit
The right to reside test is additional to the UK's habitual residence test which, according to the Commission, complies with EU law.
Migrants have to pass the habitual residence test to qualify for means-tested benefits, and it requires them to prove real job prospects and a genuine connection to the UK.
An EU migrant who qualifies under the right to reside test can claim housing benefit, council tax benefit, child tax credit and child benefit.
The migrant has to be economically active or able to support themselves and their family.
One of the most contentious issues has been UK child support payments to migrants whose children remain in their country of origin.
The right to reside test came in after EU enlargement in 2004 caused an influx of migrants to the UK from Eastern Europe.
Advocate General Pedro Cruz Villalon advised the ECJ to dismiss the Commission's case against the UK on Tuesday.
He concluded that UK legislation "does not impose any condition additional to that of habitual residence, but rather examines the lawfulness of that residence under EU law, in connection with the grant of specific social benefits".
The UK's checks on applicants for certain benefits were proportionate, he said.