Lawful residence as a condition for access to social security benefits

The equal treatment provision in Article 4 of the Social Security Regulation does not refer to the conditions for lawful residence in the Citizenship Directive. The CJEU has nevertheless applied lawful residence as a condition for the right to equal treatment in cases concerning economically inactive Union citizens claiming social security benefits in the host Member State. Critics contend that the requirement of lawful residence in respect of claims for social security benefits lacks a legal foundation and was motivated by political concerns about welfare tourism and the sustainability of national welfare systems. This article shows that the application of the requirement of lawful residence in this field is legally justifiable and principled. It is a matter of applying the fundamental principle of equal treatment, which is inherently linked to lawful residence. The article examines the relationship between the Regulation and the Directive, the compatibility of a national condition on lawful residence with the provisions on applicable legislation in the Regulation and the consistency of case law. It argues for a limited scope of the requirement of lawful residence in the field of social security.