Is UK migrant policy 'discriminatory'?

The European Commission is to announce today that it is taking Britain to the European Court of Justice for failing to correctly assess whether EU migrants are entitled to social security benefits.

The BBC understands the Commission will accuse Britain of discriminating against EU nationals living and working in the UK, by applying an extra test to see if they are eligible for state support.

Stephen Booth, research director of the think tank Open Europe, told the Today programme's John Humphrys that "what the European Commission thinks is discriminatory is the fact that a UK citizen passes [the UK's right to reside test] automatically, but if you are an EU citizen you have to jump through that extra hoop."

First broadcast on BBC Radio 4's Today programme on Thursday 30 May 2013.