attached very interesting recent letter, written in response to claimant complaint, stating intention to formally require UK to amend benefits right to reside test on grounds that (1) it is contrary to Article 3 1408/71 and (2) that no derogation from Art 7(3) of Directive in respect of A8 nationals is permitted -

http://www.rightsnet.org.uk/pdfs/eu_commission_letter.pdf

happy new year

ros

PFAs are not an area I claim to have any expertise in. But, based on info from one or two that do have knowledge, it appears that HB & CTB would be unaffected by the EU Commissions view. Apparently, there is a distinction between the nature of HB/CTB and other benefits.

Wed 06-Jan-10 01:25 PM by Dan_manville

Easy answer... the discrimination is on grounds of whether you are a worker or a person who gleans protection from same for most EU nationals...

Kevin's got a point as HB/CTB aren't listed in Annexe IIa...

I shall watch this with interest...