I am aware that the EU Commission has issued a Reasoned Opinion to the UK, regarding the application of the UK's residence test for certain social welfare payments under UK legislation. A Reasoned Opinion is an early step in a legal process. The next step is for UK to respond to the Commission's Opinion, and if there is still disagreement, the matter may be referred to the European Court of Justice. It would be premature at this stage to assume that the outcome of this process will require a change to Irish legislation.
There are two different pieces of EU legislation that have an effect in the area of habitual residence: firstly, in the social security area we have Regulation 883/2004 on the co-ordination of social security systems, and secondly, the question of the right to reside is dealt with in the free movement Directive 2004/38. The latter gives EU citizens the right to reside in the territory of another Member State for more than three months, provided they have sufficient resources not to become a burden on the social assistance system of the host Member State. It has recently come to light that at European level there are different interpretations of the interaction of these two legal instruments. At the formal Council of Ministers for Employment and Social Affairs last June, no fewer than thirteen delegations expressed their view that more discussion was needed in this area, and called on all Member States and the Commission to continue to look into this area as a matter of priority, with a view to considering amendments to the current legislative framework, should these be deemed necessary.
I look forward to the continuing work at EU level to clarify this complex area and will examine any necessary changes to Irish legislation in that context.
