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Top Income Support & Jobseeker's Allowance topic #7981

Subject: "implications of ec reg 883/2004 introduced on 1.5.10" First topic | Last topic
alexjose
                              

Welfare Rights Training and Support Officer, Birmingham City Council Birmingham
Member since
31st Mar 2006

implications of ec reg 883/2004 introduced on 1.5.10
Wed 05-May-10 11:25 AM

Could someone please explain in plain English (!) what, if any, practical implications there are for claiming certain social security benefits, with the introduction of the above reg from 1st May 2010?
I was just a little confused about the sentence "extending the scope of coordination measures to cover non active Member State nationals in addition to the employed and self employed , civil servants students and pensioners"
What, if any, effect would this have on claiming of "economically inactive" benefits?
Sorry to sound a bit confused but sometimes think you need a degree in European law to understand all of this!

  

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ros.white
                              

writer/editor, rightsnet
Member since
16th Nov 2009

RE: implications of ec reg 883/2004 introduced on 1.5.10
Wed 05-May-10 04:01 PM

hi

i'm not sure that the new regulation is going to have much effect on 'non economically active' benefits.

as far as i understand it, most of them will still be categorised as 'special non-contributory benefits' as they were for 1408/71 and, as under 1408/71, there will be a right to receive them without discrimination on the basis of nationality.

the trouble is that the case law so far says that any discrimination under 1408/71 in not paying 'non economically active' benefits to eu nationals is justifiable on the grounds of public policy and i imagine this will also apply to 883/2004.

as you say, however, this whole area is highly brain boggling and i could well be wrong.

cheers ros

  

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Top Income Support & Jobseeker's Allowance topic #7981First topic | Last topic