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OUTLINE

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

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OUTLINE

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  1. THE HAGUE ROUND-TABLE14 May 2012Special Non-contributory Benefits for EU Migrants: A Tri-city Project

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

  3. 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.

  4. 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 person’s social • environment in the Member State …, • andb) 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

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

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

  7. 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

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