September 2015 Four Year Residence Requirement for Tax Credits Proposed


According to a report by the BBC, the government is considering extending its proposed four year residence requirement for tax credits to all British citizens.

In a report today, the BBC says that it has seen a document setting out advice from government lawyers to ministers which warns that applying the new rules solely to European Union (EU) migrants, as originally planned, risks being challenged in the courts and by the European Commission since imposing additional requirements on EU workers that do not apply to a member states own workers could constitute direct discrimination which is prohibited under current EU law.


As a result, the BBC says that government has drawn up residency plans for all tax credits applicants, including British citizens, and that this may have the effect that those aged under 22 are not eligible since ministers believe that starting the UK residency rule from childhood would also be discriminatory under current EU laws.

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