29 March 2004 - An announcement from Social Security Advisory Committee
On 23rd March, the Social Security Advisory Committee (SSAC) announced that they were to consider, and report to the Secretary of State for Work and Pensions, proposals for regulations to introduce for the income-related benefits an additional test of the right to reside in the UK or elsewhere in the common travel area. The regulations are The Social Security (Habitual Residence) Amendment Regulations 2004.
The Explanatory Memorandum published on the SSAC website on 23rd March refers to the UK’s workers registration scheme that will be an integral part of the proposals. The Accession (Immigration and Worker Registration) Regulations 2004 that will implement this scheme were laid in draft before Parliament on 25th March.
The Accession (Immigration and Worker Registration) Regulations 2004 are available on the SSAC website: www.ssac.org.uk. These regulations are not subject to referral to SSAC. However they provide additional background and context to the proposals to make changes to the benefit regulations and can be read in conjunction with the Explanatory Memorandum.
Representations on the benefit regulations should be sent to the Committee at New Court, 48 Carey Street, London, WC2A 2LS, or by email to ssac@dwp.gsi.gov.uk, or via the consultation response facility on the website, to arrive no later than Tuesday 20 April 2004.
Notes for editors
- On 1 May 2004, ten countries will accede to the European Union: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.
- The Accession Treaty allows derogation from Articles 1-6 of the EEC Regulation 1612/68, which gives rights in relation to free movement of workers, for up to 5 years from the date of accession. During this period, present Member States can apply measures to restrict or allow entry to their labour market for nationals of 8 of the accession countries i.e. those listed in (1) excluding Malta and Cyprus.
- The Home Secretary laid draft regulations on Thursday 25 March under the powers in the European Union Accessions Act 2003, which implements the Accession Treaty in UK law. These introduce a new workers’ registration scheme for people from the Accession countries, excluding Malta and Cyprus. Workers will generally only have the right to reside in the UK as workers if they are working for an employer who is authorised to employ them under the worker registration scheme.
- A person’s entitlement to the income-related benefits is subject to them satisfying the habitual residence test. A person who is not, or is not treated as, “habitually resident “ in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland (the “common travel area”) is classed as a “person from abroad” and is not entitled to Income Support, income-based Job Seeker’s Allowance, Pension Credit, Housing Benefit or Council Tax benefit.
- Workers from EEA member States and EEA nationals who have a right to reside under EC Directives 68/360or 73/148 are automatically treated as satisfying the habitual residence test.
- The proposed change will introduce a condition that a person must have a right to reside as well as satisfying the habitual residence test. This will apply to all people arriving in the UK, excluding those who would otherwise be treated as automatically satisfying the test.
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