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EU takes Britain, Spain to task over welfare, medical benefits

30 May 2013, 14:32 CET
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EU takes Britain, Spain to task over welfare, medical benefits

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(BRUSSELS) - The European Commission took Britain to the EU's highest court Thursday to face charges that it has failed to pay social security benefits to citizens from other countries in the bloc.

Announcing a series of country infraction cases, the Commission also said Spain, very badly hit by the economic slump, must answer complaints it is refusing emergency medical treatment to EU citizens without the money or insurance to cover the cost.

In Britain, a person is only entitled to social security benefits if they have the "right to reside" in the country, a more restrictive measure than the EU's "habitual residence" requirement.

Britain's "so-called 'right to reside' test ... (means) EU citizens cannot receive specific social security benefits to which they are entitled under EU law," the Commission said.

"This means that the UK discriminates unfairly against nationals from other member states. This contravenes EU rules," it said, and accordingly the case must go to the European Court of Justice.

London says its "right to reside" provision is tighter so as to prevent "benefits' tourism" but the Commission insisted that its own criteria were more than adequate enough.

"A thorough and strict application of these criteria for determining habitual residence constitutes a powerful tool... to make sure ... social security benefits are only granted to those genuinely residing habitually within their territory," it said.

A Commission spokesman said there were "tens of thousands of such cases (whereby) ... EU citizens have been barred from benefits to which they are entitled."

In Britain, the issue stirs growing eurosceptic sentiment, with many hostile to what is seen as EU meddling in matters more properly dealt with by the national government.

Last month, the Austria, Britain, Germany and the Netherlands called on Brussels to be allowed to bar EU citizens convicted of social security fraud from claiming benefits in their countries.

Some cities and towns were facing considerable strain as a result of an influx of immigrants seeking social security payments, they said.

Turning to Spain, the Commission said it had asked Madrid for information about cases of public hospitals refusing to provide emergency healthcare to tourists unless they could pay or show they had travel insurance to cover the costs.

It said there had been an "increasing number of complaints" that the hospitals were refusing to recognise the bloc's European Health Insurance Card which would normally ensure emergency medical treatment.

Such action would mean that foreign nationals were in effect being treated as private patients and charged accordingly, when they should get the same service as Spanish people, the Commission said.

A formal request for information is the first step in a process potentially leading to legal action, with Spain having two months to respond.

Further information, European Commission


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