tri-city project hague round-table 14 may 2012 flac – the free legal advice centres
TRANSCRIPT
19 January 2012 FLAC 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.
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’
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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
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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
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
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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.
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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
1 March 2012 FLAC 9
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
19 January 2012 FLAC 10
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
19 January 2012 FLAC 11
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
1 March 2012 FLAC 12
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)
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SNCBs – Applications and Appeals Awaiting Decision
Figures taken from response by Minister for Social Protection to a PQ on 23 November 2011
1 March 2012 FLAC 14
Payment Appeals awaiting
decision at 31/10/2011
Applications received to 31/10/11
Appeals Outstanding as percentage of applications
Jobseekers Allowance 3,945 204,166 2%
State Pension (N-C) 197 5,906 3%
Widow(er)’s Pension (N-C)
22 492 5%
Disability Allowance 3,238 20,457 16%
Blind Pension 14 185 8%
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
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More Information
See our website www.flac.ie
Sign up for the Public Interest Law Alliance bulletin at www.pila.ie
Email: [email protected]
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