An open door to benefit tourists: EU warns Britain it can't stop thousands more migrants claiming welfare handouts

By James Chapman
Last updated at 12:52 PM on 28th September 2010
Comments 265

Benefits tourists are set to get the green light to come to Britain and immediately claim handouts totalling £2.5billion a year. According to documents leaked to the Mail, ministers have been warned that restrictions on claims by immigrants are against the law and must be scrapped.

The European Commission's ruling threatens to open the door to tens of thousands who are currently deterred from coming to Britain.



Ruling: The decision by the European Commission could open the door to tens of thousands who are currently deterred from coming to Britain
At the moment, a 'habitual residency test' is used to establish whether migrants from the EU are eligible for benefits. To qualify for jobseeker's allowance, employment support allowance, pension credit and income support, they must demonstrate that they either have worked or have a good opportunity to get a job.

But after receiving a complaint that the rules infringed the human rights of EU citizens, the Commission began to examine them.
In a letter seen by the Mail, it warns that the restrictions are 'not compatible' with EU law.
It says: 'EU law leaves it to member states to determine the details of their social security schemes and social assistance schemes, including the conditions on awarding benefits.

‘However, when making use of this competence, member states have to comply with the fundamental principles of EU law, such as the right to equal treatment on the basis of nationality. Having examined the “right to resideâ€