Commissioner Michael McGrath, in a written answer on 9 July 2026, clarified that Member States may impose minimum residence requirements for family-related social benefits only if they do not indirectly discriminate on grounds of nationality, and that such restrictions must be objectively justified on a case-by-case basis. The answer, responding to a question from MEP Christine Anderson (ESN), underscores that family benefits covering family expenses—as opposed to social assistance—fall outside the derogation in Article 24(2) of Directive 2004/38/EC and must be granted equally to mobile EU citizens under Regulation (EC) No 883/2004. McGrath noted that the Court of Justice judgments in Brey and CG, which concern social assistance, are not directly relevant to family benefits. The Commission declined to take a general position on justifications, stressing that each measure must be assessed individually. The answer reaffirms the EU's non-discrimination principle but leaves Member States room to argue objective justification, balancing integration and administrative control against free movement rights. Institutional follow-up is not specified; the answer serves as guidance for national authorities and courts.
Source✉ Open answer ↗
Asked byChristine Anderson (ESN)