HC Deb 29 March 2004 vol 419 cc1244-5W
Annabelle Ewing

To ask the Secretary of State for Work and Pensions what discussions he had with the European Commission concerning his proposals on the application of the benefit system to citizens of EU accession states working in the UK from 1 May onwards. [161401]

Mr. Pond

There have been no discussions with the EU Commission regarding the application of the benefit system to EU accession state nationals. Each member state is responsible for its own social security legislation and there is no requirement for Ministers to discuss changes with the commission.

Annabelle Ewing

To ask the Secretary of State for Work and Pensions (1) pursuant to the answer of 27 February 2004,Official Report, columns 584–85W, on EU accession countries, when legislation will be brought forward on the arrangements governing the entitlement to benefits of citizens of EU accession states; whether it will be primary legislation; and whether such legislation will apply to citizens of EU accession states who are in legal employment in the UK prior to 1 May; [161425]

(2) pursuant to the answer of 27 February 2004, Official Report, columns 584–85W, on EU accession countries, what definition of working legally without interruption will be used in relation to the entitlement of citizens of EU accession states to the full range of benefits after 12 months; [161426]

(3) pursuant to the answer of 27 February 2004, Official Report, columns 584–85W, on EU accession countries, whether citizens of EU accession states will be entitled to claim (a) tax credits and child benefit and (b) housing benefit and council tax benefit if they are on low income, from the commencement of their legal employment in the UK. [161427]

Mr. Pond

We intend to lay regulations before Parliament prior to 1 May that will make it a requirement for nationals of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia to have the right to reside in the UK in order to claim income-related benefits.

The Home Office will bring forward regulations shortly, regulating access to the UK labour market for EU accession state nationals, which will set out the circumstances under which they will be defined as legally working in the UK.

Workers from the EU accession states who are working legally in the UK may, subject to the normal rules, be eligible for housing benefit, council tax benefit, child benefit and tax credits from the start of their legal employment in the UK.