European Journal of Social Security

Minimum income schemes for the elderly: A comparative analysis of benefit conditions that may affect their right to live in dignity

Stamatia Devetzi 1
Frans Pennings 2
1
 
Social and Cultural Sciences, Fulda University of Applied Sciences, Fulda, Germany
Publication typeJournal Article
Publication date2025-01-28
scimago Q2
wos Q3
SJR0.354
CiteScore1.8
Impact factor1.5
ISSN13882627, 23992948
Abstract

The Union recognises and respects the right to lead a life in dignity (Article 25 Charter of Fundamental rights). This right, it is argued, not only requires an adequate income protection, but also addresses the conditions under which this is provided. In view of the conditions that are often linked to minimum income schemes for the elderly—waiting periods, entitlement to other pensions, calculation rules, means tests, restrictions on the possibilities to move abroad—we studied the minimum income schemes for the elderly of nine EU Member States in order to examine how they work out for persons who have been insured in more than one Member State and those who move to another country after retirement. It appears that minimum income protection sometimes has to be claimed from more than one scheme, that the conditions and calculation rules are extremely complicated, and that frequently the relationship with coordination rules for social security is unclear or even ignored. It is also hard to understand the need for the distinction between the schemes. It is argued, on the basis of these findings, that minimum income schemes for the elderly need particular attention from EU institutions and Member States, because of their present lack of transparency, the problematic coordination of national schemes, the impact on the possibilities of free movement and the (probable) problems with take-up. The article thus wants to contribute to the further development of the concept of living in dignity and provides materials for elaborating the Council recommendations on minimum income and on access to social protection.

Vonk G.
2020-05-29 citations by CoLab: 5 Abstract  
This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts of non-contributory benefits under Regulation 883/2004. In order to overcome this problem, it is argued that social assistance should be included in the material scope of application of Regulation 883/2004. This regulation should abandon the concept of special non-contributory benefits and introduce a new category of minimum subsistence benefits, which would also include social assistance schemes. Such a change could be accompanied by a single, coherent principle to govern the relationship between the right to benefits (Regulation 883/2004) and residence rights (Directive 2004/38), if necessary supported by a cost sharing mechanism for minimum substance benefits under Regulation 883/2004 and, preferably, by a recognition of minimum protection standards for economically non-active EU citizens without a legal right of residence.
citations by CoLab: 1

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