The UK’s refusal to grant benefits to some EU citizens who were living in the country before Brexit could amount to “indirect discrimination,” according to an opinion from the Court of Justice of the EU.
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pro.politico.eu/news/uk-indire…
The case concerns a Dutch-Croatian woman living in Northern Ireland whose application for Universal Credit (a UK benefit for people out of work or in low-paid jobs) was rejected by the region’s Department for Communities in June 2020. She had been granted pre-settled status.
Refusing benefits to someone in that situation, even if it's on the grounds of safeguarding the country’s financial stability, would constitute “indirect discrimination on the grounds of nationality” if it had a greater effect on EU citizens than on Brits, the opinion states.
It would be up to the Appeal Tribunal in Northern Ireland to decide whether that is the case. The opinion is not, in itself, a final ruling by the Luxembourg court — the final arbiter on EU law — but judges usually follow the advocate general.
The court’s opinion comes as the coronavirus pandemic has forced an increasing number of EU citizens living in Britain to apply for British benefits for the first time, as many find themselves out of work or with a drastically reduced income.
But those who have lived in Britain less than five years — and have been granted pre-settled status under the EU Settlement Scheme — have discovered that they are not automatically entitled to Universal Credit. Many have been rejected despite apparently meeting the criteria.
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