HC Deb 23 May 1994 vol 244 cc9-10W
Mr. Allen

To ask the Secretary of State for the Home Department what provisions of national law are applied as regards the authorisation of family members of Turkish workers to join the worker for the purposes of article 7 of association Council Decision 1/80 concluded in accordance with the Turkey EC association agreement of 1963.

Mr. Charles Wardle

Those contained in paragraph 46 of the Immigration Rules (HC 251).

Mr. Allen

To ask the Secretary of State for the Home Department what arrangements have been implemented to give effect to article 10(2) of regulation 1612/68 EC to facilitate the admission of family members not coming within article 10(1) of the regulation but who are dependent on, or lived under the same roof in the country from whence they come, as migrant workers citizens of the Union and to favour the admission of such family members under article 1(2) of directive 73/148 EC.

Mr. Charles Wardle

Regulation 1612/68 has direct effect in United Kingdom law and does not need to be implemented separately. Article 1(2) of Directive 73/148, does not require specific implementation as it is not concerned with a Community entitlement. However, in accordance with the provisions of article 1(2) favourable consideration is given to allowing the admission of those family members who have no other entitlement to join a European economic area national resident in the United Kingdom on whom they are dependent.

Mr. Allen

To ask the Secretary of State for the Home Department what is the distinction between social assistance and social security as those terms are used in the Immigration (European Economic Area) Order 1994.

Mr. Charles Wardle

"Social assistance" is the term used in article 1 of directives 90/364/EEC—the general right of residence—and 93/96/EEC—the right of residence for students—whereas directive 90/365/EEC—the right of residence for employees and self-employed persons who have ceased their occupational activity—uses the term "social security" in article 1.

"Social security" means statutory schemes, whether contributory or non-contributory, which are designed to meet the specific contingencies listed in article 4(1) of regulation (EEC) No. 1408/71 on social security or migrant workers. The term "social assistance" is not defined in EC law but is generally interpreted as covering non—contributory schemes which are often means-tested and/or based on need.