THE HAGUE ROUND-TABLE 14 May 2012 Special Non-contributory Benefits for EU Migrants: A Tri-city Project.

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Presentation transcript:

THE HAGUE ROUND-TABLE 14 May 2012 Special Non-contributory Benefits for EU Migrants: A Tri-city Project

OUTLINE 1 – The Project 2 – Special Non-Contributory Benefits 3 – The Situation in the Netherlands

1. THE PROJECT Funded by the European Commission 15 Months Aim: Improve information EU migrants & their advisors have about right to access SNCB Activities: collecting statistics, mapping experiences, monitoring case-law, information notes, conference & ect.

2. SPECIAL NON-CONTRIBUTORY BENEFITS Freedom of movement Regulation 883/04 EC on coordination of social security systems SNCB (a) are intended to provide either (i) supplementary … cover against the risks covered by the branches of social security … and … guarantee … a minimum subsistence income having regard to the economic and social situation in the Member State …; or (ii) solely specific protection for the disabled, closely linked to the said persons social environment in the Member State …, and b) where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing […] the benefits are not dependent on any contribution […] and (c) are listed in Annex X SNCB as exception to exportability

SITUATION IN THE NETHERLANDS Disablement Assistance Act for Handicapped Young Persons - Wajong Supplementary Benefits Act – Toeslagenwet (TW)

LEGAL SITUATION IN THE NETHERLANDS Wajong & Residence Definition of Residence 6-year requirement & equality of treatment Wajong & Exportability Exceptions to the exportability prohibition Hendrix

FACTUAL SITUATION IN THE NETHERLANDS 64,000 EU-migrants / 19,000 Polish Supplementary Benefits Act: 800 million Wajong: 3 billion – 200,000 people Limited response