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Special Non Contributory Benefits for EU Migrants: Improving Access and Information

This project aims to improve access to special non contributory benefits (SNCB) for EU migrants in the Netherlands through collecting statistics, mapping experiences, and monitoring case law. It also focuses on providing accurate information to migrants and their advisors about their rights to SNCB.

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Special Non Contributory Benefits for EU Migrants: Improving Access and Information

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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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