Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the Government's report as well as the observations made by the Trades Union Congress (TUC) on the application of the Convention and the comments made in reply by the Government.

The Committee notes that the TUC considers that the "Habitual Residence Test", which came into force on 1 August 1994, restricts access to income support, housing benefit and council tax benefit for some immigrants. The Government indicates that the Habitual Residence Test applies in the same way to all people, including British citizens, who claim the above-mentioned benefits. It further states, referring to Article 6(1)(b)(ii) of the Convention, that the Test has been introduced to ensure that access to non-contributory, income-related benefits is focused on those people whom the Government believes it is right that the British taxpayer should be asked to support.

The Committee notes that the Habitual Residence Test is not applied regarding the social security contingencies covered by Article 6(1)(b) and therefore does not fall within the scope of the Convention. It hopes that the Government will provide information in its future reports if any test that takes into consideration such factors as the person's nationality, race, religion or sex is introduced for determining the eligibility for social security benefits covered by the Convention.

The Committee is also addressing a direct request to the Government on certain points.