The European Court of Justice just ruled that non-EU nationals are just as entitled to receive social security benefits — paid by the taxpayer — as citizens, and that member nations can’t bar migrants from tapping into the money.
The court’s ruling focused on Italy. But its decision will reverberate throughout the European Union.
In a statement, the court ruled: “A national on a non-EU country holding a single work permit in a member state enjoys, as a general rule, the social security benefits provided for nationals of that state.”
The Express gives specifics:
The court ruling initially was for the case of non-European Union citizen Kerly Del Rosario Martinez Silva, who was working in Italy with a permit but was not able to claim a benefit provided to households with incomes below a certain threshold and with more than three children.
The ECJ said that a single work permit entitled non-EU nationals to equal treatment and so national law could not exclude them from social security benefits.
In 2014, the mother’s claim was refused when she applied for a benefit provided by Italian law for households with at least three young children and with an income below a certain limit.
However, the ECJ has concluded that the benefit claimed by Mrs Martinez Silva is a social security benefit and should be allowed.
Prepare for the floodgates.
The ruling comes as President Donald Trump has pressed for a return to emphasis of an existing U.S. law that bars any individual entering America’s borders from tapping into taxpayer entitlements for a period of five years.
Trump’s been vilified by the left for pressing such a policy. But at least with Trump at the helm, America’s taxpayer won’t face what the European Union is demanding.
Again, from the Express:
The court said in a statement: “Nationals of non-EU countries who have been admitted to a member state for the purpose of work in accordance with EU or national law must in particular enjoy equal treatment with nationals of that state.”
In the UK, non-EU nationals including work permit holders, spouses and civil partners during the two-year probationary period generally won’t be able to receive any benefits.
The Home Office told express.co.uk that the ECJ ruling surrounded a specific EU directive 2011/98/EU, which the UK did not adopt.
A spokesman said: “Therefore the UK is not bound or subject to it’s application and has no application in the UK.
“It would not be for the Home Office to comment on its impact on other EU countries.”
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