Legal News

The EU has criticised the UK government’s plans to introduce a threshold minimum income before migrants can claim benefits – calling it “illegal”.

The income threshold is just one of the measures the government is introducing the limit access to the UK benefits system for new migrants to the UK.

From 1 April, new migrants who are not working for 24 hours a week and earning the minimum wage – making their employment the equivalent of the UK minimum wage – will not be classed as “genuine and effective” workers, but as “marginal and ancillary”. If they become unemployed, they will have to wait for three months before being able to claim benefits. The move is to try and curb “benefit tourism” to Britain.

The coalition government has already introduced a three-month benefit claim eligibility period for new migrants in the UK – and they will only be able to claim for six months unless they have a genuine prospect of obtaining work.

However, under current EU legislation the term ‘worker’ can include those who are employed for just a few hours a week, meaning new migrants in the UK who work for just a few hours can claim welfare benefits, including housing benefit and council tax reduction.

The new rule would mean prospective claimants would have to be able to show they had been employed in the three months prior to claiming benefits at a level which meant they were paying National Insurance out of their wages.

Claimants not eligible under the new rule would be self-supporting for three months before being able to claim.

However a spokesman for the European Commission told The Telegraph newspaper that the measure is illegal:

“The Court of Justice's case law makes clear that part-time workers, trainees and au pairs can be classified as 'workers', provided their activity has an economic value and is genuine and effective.

“This case-law makes clear that a definition of a worker according to the amount he or she earns is not compatible with EU law.”

The European Commission could take the British government to court if the policy is introduced on 1 April, as planned.

The UK government is trying to renegotiate certain aspects of its membership of the European Union, including freedom of movement across EU member states, which brings with it equal access to jobs markets across the EU.

Because many migrant workers are willing to work for lower pay and longer hours in low-skilled jobs in the UK, many British workers have complained about wages in Britain having been pushed down – and a job scarcity as a result.

Work and Pensions Secretary Iain Duncan Smith said, however, that the reforms to welfare the government is introducing would ensure a fairer system for all.
“As part of the government’s long-term economic plan, we have taken action to make sure our economy delivers for people who want to work hard, play by the rules and contribute to this country.
“These reforms will ensure we have a fair system – one which provides support for genuine workers and jobseekers, but does not allow people to come to our country and take advantage of our benefits system.”

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors can advise new migrants to the UK on a range of immigration matters, including:

• Asylum and asylum appeals
• Benefits for migrants
• Citizenship
• Detention
• Illegal entry to the UK
• Marriage in the UK
• Right to work in the UK
• Student visas.

Duncan Lewis is one of the UK’s leading Legal Aid solicitors – and offers legal advice on a range of matters under both UK law and Islamic law.

For experts advice on immigration and asylum in the UK contact Duncan Lewis solicitors on 020 7923 4020.