And while moves towards making our benefit system less open to abuse are welcome, there are serious questions as to their legality. According to European legislation, it is quite clear that all EU citizens must be treated equally when it comes to benefits. Dotted through the European treaties are references to this: Articles 9 of the Treaty on European Union and Articles 18, 20, 45 and 48 of the Treaty on the Functioning of The European Union. The most explicit, Article 48, states very clearly that this equality includes the “payment of benefits to persons resident in the territories of Member States”.