§ Mr. MurphyTo ask the Secretary of State for Social Security what provisions are in place, when assessing United Kingdom nationals under the income related benefit scheme (MISC amendment (No. 3)), Regulation 1994 and with reference to article 1 of the 1953 European convention on social and medical assistance and article 13 of the 1961 Council of Europe social charter, for Untied Kingdom nationals returning to the United Kingdom from another EU state, in line with protection offered under EU directions to non-United Kingdom nationals. [31324]
§ Mr. Roger EvansAll income support claimants, including British citizens returning to the United Kingdom from another member state of the European Union, and including non-United Kingdom nationals, are required to show that they are habitually resident in accordance with the provisions of the Income Related Benefit Scheme (Miscellaneous Amendment) (No. 3) Regulations 1994 before they can receive benefit. Article 1 of the European convention on social and medical assistance and article 13 of the Council of Europe social charter require the United Kingdom to allow nationals of other signatory states to these conventions, who are lawfully present in this country, access to income support on equal terms with British citizens. The protection afforded under EC legislation to non-United Kingdom nationals is restricted to nationals of the European Economic Area. It applies to certain workers and former workers in this country and meets our current obligations under European Community law.