Tri-City ProjectHague Round-table

14 May 2012

FLAC – the Free Legal Advice Centres

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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

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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

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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

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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

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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

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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: saoirse.brady@flac.ie

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