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Emergency brake
When will this come into effect?
This week’s White Paper says that -
A European Commission Declaration confirms that the European Commission considers that the UK can make use of this ‘emergency brake’ immediately, once the necessary changes to EU and UK law are made. All Member States have agreed to ensure this is done rapidly and as a matter of priority.
- and -
The European Commission has confirmed explicitly that the exceptional inflow of workers that the UK has seen over the last years already entitles us to pull this brake once the necessary legislative changes have been made.
See paras 2.99 and 2.101 @ https://www.gov.uk/government/publications/the-best-of-both-worlds-the-united-kingdoms-special-status-in-a-reformed-european-union
... 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 .....
That certainly seems to hang together with this bit from the European Council’s conclusions -
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.
See Section D, paragraph 2(b) @ http://www.consilium.europa.eu/en/press/press-releases/2016/02/19-euco-conclusions/
“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.”
It sounds like monthly habitual residence tests…... to verify the growing connection, leading to a graduated reward….....some sort of taper?
Is that it?
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.
That’s an extremely good point that had largely passed me by.
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.
Gradually increasing benefits? We really have gone down the rabbit hole now, haven’t we? I’ll probably meet the mad hatter next….
....Oh hello Iain, there you are…
Following Jonathan Portes having challenged the DWP’s FOI refusal to issue info relating to the proportion of EEA migrants claiming in-work benefits and tax credits, the UK Stats authority have said today that the DWP has overturned its own decision ..