2011-01-25 15:55:00, leonka napisał(a):
Zapomnial wol jak cieleciem byl... Wszyscy rozumiem tutaj zawsze pracowali legalnie... No tak - nie bylo innego wyjscia... Bylo, bylo - ale sie nie oplacalo.

Nie popieram pracy na czarno, ale przeciez chlopak z czegos musi zyc!

2011-01-18 20:29:27, konto usunięte napisał(a):
Napewno warto walczyc, bo tutaj nie chodzi tylko o pieniadze, ale przedewszystkim o zasady. Napisalem skarge to UE poki co przyznaja mnie racje, a sprawa trwa juz jakies 17 miesiecy.


In 2004, the UK introduced an eligibility condition for the entitlement to certain social benefits that a claimant has to be habitually residing in the UK. This requires as a pre-condition to first have a right to reside in the UK (Right to Reside Test). The conditions for the residence right in the UK legislation are transposed from Directive 2004/38. The underlying purpose of the introduction of the RRT was to protect the UK's social system from exploitation by those who do not wish to come to work but to live off benefits.

The practical result of the RRT is that when a person applies for one of the benefits concerned, it is examined by the UK authorities for the purpose of determining the right to these benefits whether he or she has a right to reside in the UK. While the UK nationals always meet this requirement, the nationals of other EU countries are tested as to whether they satisfy conditions for the residence right derived from Directive 2004/38.

The social benefits in question come within the scope of Regulation 1408/71 which guarantees in Article 3 equal treatment between own nationals and persons from other EU countries and prevents both direct and indirect discrimination. As regards the hierarchy of norms (Regulation 1408/71 and Directive 2004/38), in view of its direct legal effect the Regulation takes precedence and Member States cannot use their national implementation of the Directive to impair Union rights which are directly applicable by virtue of the Regulation. In particular, where citizens are entitled to social security/healthcare on the basis of residence under Regulation 1408/71, residence should be assessed within the meaning of this Regulation. Such rights cannot be restricted on the basis of the more restrictive residence conditions emanating from the Directive.

By applying the Right to Reside Test, the UK legislation makes the access to certain social security benefits more difficult for other EU nationals than it is for the UK nationals who pass this test automatically. Other EU nationals are thereby being discriminated and treated unequally as regards their access to the social security benefits.

Conclusion

The Commission has recently opened an infringement procedure against the UK concerning the application of the Right to Reside Test. The letter of formal notice will be sent to the UK authorities soon.

2011-01-25 19:59:25, knowakuk napisał(a):
http://www.mojawyspa.co.uk/forum/76/30938/Housing-BenefitsCouncil-Tax-Benefits-EEA-A8-Polak-vs-EEA16-Dyskryminacja


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knowakuk to dla ciebie zebys wiedzial

2011-01-26 10:45:51, iizzoo1 napisał(a):



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