1. Tri-City Project Hague Round-table 14 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.
19 January 2012
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’
19 January 2012
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
19 January 2012
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
19 January 2012
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
19 January 2012
FLAC

7. 19 January 2012
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.
19 January 2012
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
1 March 2012
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
19 January 2012
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
19 January 2012
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
1 March 2012
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)
19 January 2012
FLAC

14. SNCBs – Applications and Appeals Awaiting Decision
Figures taken from response by Minister for Social Protection to a PQ on 23 November 2011
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%
1 March 2012
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
19 January 2012
FLAC

16. More Information See our website www.flac.ie
Sign up for the Public Interest Law Alliance bulletin at
19 January 2012
FLAC