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with respect to denial of welfare benefits to
European citizens who fail the test. The Commission alleges that the UK test does not conform to European directives. The UK, which, on the basis of failure to pass the test of right to reside, rejects over half of the applications of European Union
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regarding right of residence. Provisions regarding right to reside include conducting business, working or looking for work, being a student, or having sufficient resources to be self-supporting.
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The test was introduced in 1994. It required close ties to the United
Kingdom and intention to settle in the UK. It was revised in May 2004 to include a ‘right to reside’ requirement, based on
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Only the person claiming benefit has to satisfy the test. From 2014 a further condition was added - that the person must remain habitually resident in the State.
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migrants who have never worked here, or who aren't looking for work, shouldn't be able to claim benefits
140:"The government's response to the European Commission's announcement on access to benefits by migrants"
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142:. Government of the United Kingdom Department for Work & Pensions. May 30, 2013
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after a long dispute with the UK over the matter decided to take a case to the
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citizens to the UK for benefits, has announced it will contest the matter.
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is not defined in legislation. The term has repeatedly been considered in
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For many benefits there is also a test of presence in the country.
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to determine eligibility for social security benefits.
123:
Welfare
Benefits and Tax Credits Handbook 2019/2020
164:Andrew Higgins; Stephen Castle (May 30, 2013).
16:Eligibility test for social security benefits
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34:In both countries a right to reside in the
166:"Bloc Challenges Britain on Welfare Rules"
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227:Social security in the United Kingdom
38:counts for the purpose of this test.
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125:. London: CPAG. 2019. p. 1547.
191:"The habitual residence condition"
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61:directives of the European Union
67:European Commission objections
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103:Ordinarily resident status
222:Law of the United Kingdom
77:European Court of Justice
21:Habitual Residence Test
195:Citizens information
109:Notes and references
84:Republic of Ireland
73:European Commission
29:Republic of Ireland
170:The New York Times
98:Habitual residence
42:Habitual residence
36:Common Travel Area
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71:In May 2013 the
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198:. Retrieved
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144:. Retrieved
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216:Categories
92:See also
27:and the
200:9 March
175:May 31,
146:May 31,
46:caselaw
202:2020
177:2013
148:2013
19:The
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131:^
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