Is someone who was a worker who has retired after retirment age or taken early retirement having resided for 3 years and worked for at least 1 year subject to the condition that they do not become an unreasonable burden on the social assistance scheme?

Under Article 17 of 2004/38, a person can get the right of permanent residence in less than 5 years if they stop work because they have reached state pension age in the host country, or if they are taking early retirement, as long as they ahve lived in the host state for at least 3 years and worked there at least 1 year. This is expressly stated to be by way of derogation from the normal 5 year rule (in Article 16) for permanent rights of residence. The article 16 rules is expressly stated to be not subject to the restrictions in Articles 6 to 14, which include the rules about not being an unreasonable burden.

There is nothing in Article 17 to say that that part of Article 16 doesn't apply.

Is there anything to stop someone just giving up work at say 40 and claiming IS on the basis that they have taken early retirement?

Now there's an attractive idea.....and indeed one can decide to retire from the strain and stress of modern day life at any age - unfortunately the State will not contribute financially towards the fulfilment of such ambitions....

Regrettably, whilst anyone can decide that work is not an option for them anymore at any age, the system does'nt quite look upon the idea quite so kindly - If you want any form of financial support from the State, then unfortunately you either have to be sick or gracing your local user-friendly Jobcentre once a fortnight in order to give them a copy of your autograph - and giving them examples of your vast experience of actively (and enthusiastically) seeking gainful employment...anyway, who would want to live on I/S rates ......

I was thinking about lone parents, although there are work focussed interviews. IS rates provide a pretty abysmal standard of living but then for a lot of people working makes them no better off.

...I don't think lone parents would look upon raising children as a form of retirement! - 10 years of baby talk and day time television?