European commission says Britain imposes extra test on people from the EU that does not apply to British citizens

This article is more than 7 years old

This article is more than 7 years old

Britain is being taken to court by the European commission over allegations that nationals from EU countries are unfairly denied welfare benefits. 

The commission argues that Britain imposes an extra test on migrants from the EU that does not apply to British citizens, in contravention of EU law. 

Britain applies its own test on top of the standard EU test to determine if a migrant is eligible for welfare payments.  The commission believes that, as a result, thousands of migrants may have been denied access to benefits, such as child tax credit and jobseeker's allowance. 

Details of the legal action in the European court of justice will be announced on Thursday. 

A British official told the BBC he could not comment about court action until the commission made its decision public. 

But the official said the British test was vital to ensure benefits were paid only to people living legally in Britain.