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9 September 2014

European Commission issues legal challenge to UK right to reside test

The European Commission has issued a legal challenge to the UK right to reside test for child benefit and child tax credit.

The action asks the Court of Justice of the European Union to declare that the right to reside test for child benefit and child tax credit is in breach of the UK Government's obligations under Regulation (EC) No 883/2004.

The action, dated 27 June 20014, was published on the Curia website on 5 September under reference C-308/14 and sets out the following 'pleas in law and main arguments':

'The Commission maintains that, in requiring a claimant of child benefit and child tax credit to have a right to reside in the UK as a condition of being resident there, the UK has imposed a condition that Regulation (EC) No. 883/2004 does not permit.

Alternatively the Commission submits that by imposing a condition of entitlement to social security benefits that is automatically met by its own nationals the UK has created a situation of direct discrimination against nationals of other Member States and thus breached article 4 of Regulation (EC) No. 883/2004'.