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Tri-City Project Hague Round-table 14 May 2012

Tri-City Project Hague Round-table 14 May 2012. FLAC – the Free Legal Advice Centres. What is FLAC?. A independent human rights organisation Dedicated to the realisation of equal access to justice for all using the law as a way to achieve change

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Tri-City Project Hague Round-table 14 May 2012

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  1. Tri-City ProjectHague Round-table14 May 2012 FLAC – the Free Legal Advice Centres

  2. What is FLAC? • A independent human rights organisation • Dedicated to the realisation of equal access to justice for all using the law as a way to achieve change • Established in 1969 by law students to campaign for the introduction of a comprehensive civil legal aid scheme • Campaigns on a range of legal issues but also offers some basic, free legal services to the public. FLAC

  3. Ways in which FLAC works • Lo-call information line in Dublin office • Receives more than 10,000 queries from general public or other bodies including CICs, NGOs, advocates • Advice Centres • First stop legal advice given by approx. 600 qualified lawyers who volunteer in 92 centres in 81 locations nationwide. • Provides legal information • Web resources • Information sheets or ‘FLACsheets’ FLAC

  4. FLAC’s Priority Areas of Work • Civil legal aid • Access to the State-run scheme • Debt and Credit Law Reform • Mortgage arrears • Personal Insolvency • Consumer Protection • Public Interest Law • Recognition of Transgendered persons • Deaf jurors • Social Welfare Law Reform FLAC

  5. Social Welfare Law Reform (1) • Reports • Analysis of Direct Provision system for asylum seekers published in 2010 • Currently working on report on the social welfare appeals process • Policy submissions • Social Welfare legislation • Pre-Budget submissions • Briefings for domestic and international human rights mechanisms FLAC

  6. Social Welfare Law Reform (2) • Information guides • Habitual Residence Condition • Social welfare appeals Process • Immigrants’ entitlements to social security • Strategic casework • Application of Habitual Residence Condition to asylum seekers • Spouse of EU worker suffering domestic violence • Second tier advice • Citizens Information Centres • NGOs working on social security issues FLAC

  7. FLAC

  8. Other Social Welfare Queries • There were 282 social welfare queries and 220 immigration queries to information line in 2011 • There were 131 queries in 2011 which required second-tier advice given to: • 29 individuals including former clients • 19 different NGOs in 63 instances • 8 Citizens Information Centres in 27 instances • 12 other organisations such as UNHCR, the Office of the Ombudsman, solicitors and consultants. FLAC

  9. Irish Special Non-Contributory Benefits Listed in Annex X • Annex X of EC Regulation 883/04 lists the following payments as SNCBs in Irish social welfare system: • Jobseekers Allowance • State pension (non-contributory) • Widow's and Widower's (non-contributory) pensions • Disability Allowance • Mobility Allowance • Blind Pension FLAC

  10. Habitual Residence Condition • Applied to all special non-contributory benefits • Introduced in May 2004 in light of EU enlargement • Case C-90/97 Swaddling v. Adjudication Officer • (a) length and continuity of residence in the State or in any other particular country; • (b) length and purpose of any absence from the State; • (c) nature and pattern of the person’s employment; • (d) person’s main centre of interest; and • (e) future intentions of the person concerned as they appear from all the circumstances FLAC

  11. Right to Reside Test • Introduced in December 2009 • Persons listed in legislation as having a right to reside include: • Irish citizens • British nationals • EU workers or EU nationals who meet certain criteria • Convention or Programme refugees, their families and dependents • Persons granted leave to remain or subsidiary protection • Anecdotally it seems to be used more than before FLAC

  12. Possible introduction of Single Working-Age Payment • Discussed at Joint Oireachtas (Parliamentary) Committee in January 2012 • Working Group to report to Troika at end of March 2012 • Proposed payment would replace: • Jobseekers Allowance • Disability Allowance • One Parent Family Payment • Farm Assist • Blind Pension • Widow(er)’s Non-Contributory Pension • Carer’s Allowance FLAC

  13. Current Issues Arising for EU Migrants living in Ireland • Failure to accept applications for payments • Misapplication or misunderstanding of the HRC • Access of Romanian and Bulgarian migrants due to work permit restrictions • Misunderstanding by officials of applicable EU legislation and case-law • High volume of social welfare appeals and success rate • Return of destitute EU12 nationals • 416 in 2011 (548 in 2010) FLAC

  14. SNCBs – Applications and Appeals Awaiting Decision • Figures taken from response by Minister for Social Protection to a PQ on 23 November 2011 FLAC

  15. Solovastru Case • Judicial review regarding right to reside and access to Jobseekers Allowance • Romanian national • Self-employed • Decided on right to reside test which was applied retrospectively in this case • Judge held that he was not available for work to qualify for JA • Reference to CJEU FLAC

  16. More Information • See our website www.flac.ie • Sign up for the Public Interest Law Alliance bulletin at www.pila.ie • Email: saoirse.brady@flac.ie FLAC

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