mike shermer
Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since 23rd Jan 2004
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HABITUAL RESIDENCE TEST & ECJ RULING
Wed 24-Mar-04 07:22 AM |
On the same day that the Government referred the proposed changes to the above test to the Social Security Advisory committee, the ECJ ruled that the habitual residence test as it stands for EU members is illegal.
In view of the fact that the proposed changes were intended to stop new claimants (from primarily the Eastern block countries) from claiming benefits for the first 12 months, with effect from 1st May 2004, (6 weeks away) where does that leave their policy? In the meantime where do we go from here.................
It seems to me that they won't be able to salvage anything before the 1st May, therefore the normal alledgedly illegal HRT rules will apply, or not as the case may be ?
Methinks it's back to the drawing board for plan C.
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