Could there be future benefits retaliation in France in wake of possible Reform win in UK?

Reader question: As a Briton in France, could my right to benefits be removed by France in retaliation, if a future Reform government was to cancel rights to benefits for EU citizens, as the party says it wants to?

It is correct that Reform has set out plans saying it would withdraw benefits from all non-UK citizens, which would breach the Withdrawal Agreement as regards EU citizens settled in the country before Brexit. 

The latter includes articles stating that EU social security coordination rules continue to apply to EU citizens and Britons covered by the WA.

This includes rights to, for example, invalidity, unemployment and family benefits and, in general, ‘equal treatment’ with a country’s nationals.

As a result, it is reasonable to ask what retaliation could be forthcoming if this went ahead, for example were Reform to win a UK general election in 2029.

It is unlikely there would be tit-for-tat retaliation by individual states.

The WA sets out rules for dealing with such breaches, which would include consultation in the EU-UK joint committee potentially followed by an arbitration process.

If a breach is found, fines against the offending state are possible, as is retaliation via other agreements, such as the Trade and Cooperation Agreement (the treaty on the UK and EU’s future relationship, signed after the WA).

Parts of this could be suspended, for example, leading to imposition of import tariffs on certain categories of British goods.

Reform proposes to ‘renegotiate’ the WA, but this could only happen with agreement from the EU, which is unlikely, as they will not want to put their own citizens at risk.

It is worth noting also that in France, specifically, most of the benefits available to Britons covered by the WA are also available to other foreign people who live in France.

For example, ‘stable’ residents may claim family benefits and departmental council benefits such as aide sociale or the APA dependency benefit.

RSA income support is generally only available to people who have been in France at least five years on a status allowing work – but all WA beneficiaries qualify for this now.

ASPA pension top-up normally requires 10 years under a status allowing work, which not all WA Britons would currently have, but, as mentioned it is unlikely France would take unilateral action if this hypothetical situation arose.