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Emergency brake
Thought I’d start a thread that can pool info as it comes in.
Up to seven years, and only for new arrivals?
Does this include CTC?
Thanks
Here’s the European Council conclusions re the emergency brake -
It is noted that, following the taking effect of this Decision, the Commission will submit proposals for amending existing EU secondary legislation as follows:
‘... in order to take account of a pull factor arising from a Member State’s in-work benefits regime, a proposal to amend Regulation (EU) No 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union which will provide for an alert and safeguard mechanism that responds to situations of inflow of workers from other Member States of an exceptional magnitude over an extended period of time , including as a result of past policies following previous EU enlargements. A Member State wishing to avail itself of the mechanism would notify the Commission and the Council that such an exceptional situation exists on a scale that affects essential aspects of its social security system, including the primary purpose of its in-work benefits system, or which leads to difficulties which are serious and liable to persist in its employment market or are putting an excessive pressure on the proper functioning of its public services. On a proposal from the Commission after having examined the notification and the reasons stated therein, the Council could authorise the Member State concerned to restrict access to non-contributory in-work benefits to the extent necessary. The Council would authorise that Member State to limit the access of newly arriving EU workers to non-contributory in-work benefits for a total period of up to four years from the commencement of employment. The limitation should be graduated, from an initial complete exclusion but gradually increasing access to such benefits to take account of the growing connection of the worker with the labour market of the host Member State. The authorisation would have a limited duration and apply to EU workers newly arriving during a period of 7 years.’
And re child benefit -
... a proposal to amend Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems in order to give Member States, with regard to the exportation of child benefits to a Member State other than that where the worker resides, an option to index such benefits to the conditions of the Member State where the child resides. This should apply only to new claims made by EU workers in the host Member State. However, as from 1 January 2020, all Member States may extend indexation to existing claims to child benefits already exported by EU workers. The Commission does not intend to propose that the future system of optional indexation of child benefits be extended to other types of exportable benefits, such as old-age pensions.
http://www.consilium.europa.eu/en/press/press-releases/2016/02/19-euco-conclusions/
glad thats sorted out and nice and clear then. Seems 1. It still has to be put into effect on the regulation 2. The brake has to applied for before it is applied and with acres of room to be opposed by the commission, and that it will be a graduated brake. It might also be totally irrelevant anyway as Universal Credit is classed as social assistance by Ian and Duncan Smith.
Were you thinking: to achieve this UC will have to be brought within the scope of Reg 883/2004 as special non-contrib, which would mean they would have to restore entitlement to jobseekers ... hoist with his own petard? But it looks as if it’s going to be done through Reg 492/2011 (presumably Article 7) so that would cover social assistance as well wouldn’t it?
rightsnet news story now available @
But apparently the Government doesn’t even know how much they spend on benefits for EU migrants.
http://www.huffingtonpost.co.uk/2016/02/19/how-much-do-eu-migrants-c_n_9272428.html
this came out this afternoon ....
https://www.gov.uk/government/statistics/dwp-benefit-expenditure-on-claims-from-eea-nationals-201314
tax credits stats ..
https://www.gov.uk/government/statistics/tax-credit-statistics-on-eea-nationals
New White Paper ... with ‘Welfare and free movement’ stuff at section D on page 29
The best of both worlds: the United Kingdom’s special status in a reformed European Union
Migration Watch UK say ‘emergency brake will have little or no effect’ - 75 per cent are without children and have minimal entitlement to in-work benefits - http://www.migrationwatchuk.org/press-release/439
If the shrills from Migration Watch aren’t happy, it’s fairly indicative that this is a largely symbolic move that will simply cause right to reside law and advice to become even more complex and difficult.
If the shrills from Migration Watch aren’t happy, it’s fairly indicative that this is a largely symbolic move that will simply cause right to reside law and advice to become even more complex and difficult.
fair play to them there. you think they cant make that area any more complex and yet they manage it.
glad thats sorted out and nice and clear then. Seems 1. It still has to be put into effect on the regulation 2. The brake has to applied for before it is applied and with acres of room to be opposed by the commission, and that it will be a graduated brake. It might also be totally irrelevant anyway as Universal Credit is classed as social assistance by Ian and Duncan Smith.
Lord Freud was asked a written question yesterday in the House of Lords -
‘To ask Her Majesty’s Government whether the proposed restrictions on access to in-work benefits mentioned in paragraph 2(b) of Section D of the draft Decision of the European Council published on 2 February will apply to Universal Credit, and if so, to which elements of Universal Credit those restrictions will apply.’
His answer -
‘Universal Credit is a single, indivisible benefit. Universal Credit claimants receive a single monthly amount based on various criteria, including family size and the level of any housing or childcare costs and taking into account earnings and other household income. The final award is therefore a single amount and elements cannot be separated.
The final agreed Decision of the Heads of State and Government adopted at the European Council on 20 February 2016 makes clear that the emergency welfare brake will apply to non-contributory in-work benefits. All EU workers arriving in the UK while the brake is in operation will have to wait for four years before getting full access to these benefits.’
He doesn’t actually clarify if universal credit is a non-contributory in-work benefit though…
[ Edited: 25 Feb 2016 at 11:53 am by Daphne ]
We were discussing this bit “while the brake is in operation will have to wait for four years before getting full access to these benefits”
On the basis of this and the Council’s statement, there appears to be envisaged a steadily increasing ability to access in-work benefits and tax credits over a four-year period of employment, rather than being denied all in-work benefits and tax credits until someone has been employed for four years.
Does that seem to be the correct interpretation and if so, how on earth will it work in practice?
From my rather limited knowledge of how European legislation and directives work in practice, there generally seems to be resistance to member states imposing absolute time limits, so would this be an attempt to circumvent any potential difficulties here, by taking a staged approach to incremental increases to entitlement perhaps?
Does any of that make sense? Yours confusedly…..
When will this come into effect?
Interesting analysis here.
The term ‘emergency brake’ is singularly unattractive as it implies that EU free movement has become a runaway train, which of course, it hasn’t.