Europe’s highest court ruled this week that benefits could be refused to EU citizens who travel to other member states solely to claim them.
The European Court of Justice ruled that EU countries – including Britain – must be allowed to refuse to grant some benefits to “economically inactive union citizens who exercise their right to freedom of movement solely in order to obtain another member state’s social assistance”.
Prime Minister David Cameron hailed the verdict as a “common sense” ruling that would restrict benefits tourism.
The case involved a Romanian woman and her son who were denied access to certain benefits under the German system.
She received German child benefit and social security payments but also applied for a subsistence allowance from the German social security system.
This allowance is non-contributory, but the German authorities denied her application on the basis that German law does not allow the payments to be made to EU citizens seeking employment in the country.
On a visit to Rochester and Strood ahead of a by-election there later this month, Mr Cameron said: “It is significant and it is welcome.
“This is a common sense ruling. It is a good step in the right direction because, as I have said, the right to go and work in other countries should not be an unqualified right.
“There should be rules about restricting benefits.”
Polling suggests Mr Cameron’s Conservative Party will lose the Rochester by-election to the UK Independence Party, which advocates a complete British withdrawal from the European Union.
Ukip’s home affairs spokeswoman Diane James said there was a case for changing British immigration rules: “The Government needs to examine this judgment closely, and if need be, look to alter the rules on habitual residence which gives EU migrants open access to many UK benefits even though some of them are in reality, are not seeking work.”
Stephen Booth, research director at the Open Europe think tank, said the ruling could encourage the UK to seek further restrictions on access to state support.
“This ruling is helpful to the UK because it confirms that national governments can deny benefits to EU migrants who are not genuinely seeking work, and it therefore reinforces many of the changes to the UK rules which the Government has already made,” he said.
