THE RECESSION has led to an increase in the number of non-Irish EU citizens seeking advice on social welfare entitlements from the office of the European Commission, according to its “citizen adviser”.
There has also been an increase in the number of Irish people seeking information on their entitlements abroad.
Siobhán Duffy, a solicitor working with the Dublin office of the commission, offers “signpost advice”. This is not legal advice as such, and she cannot represent people, but she can direct people to relevant EU legislation or jurisprudence, look at their documentation to see if they have a case under EU law and, if so, advise them to contact a solicitor, or help them draft a letter.
She works on a part-time basis, seeing three or four people a week and answering e-mailed queries.
Referring to the entitlements of Irish people, she said: “If you have been working here and become unemployed, and have been getting unemployment benefit, you can transfer it to anywhere in the EU for three months while you look for work there.”
This can suit young people or those who may have a partner in another EU state. She also gets a lot of inquiries about access to medical care abroad. "That is more limited than it appears," she told The Irish Times. "There may be language difficulties, for instance. But there are instances where people want to go to Germany, for example, because the treatment is more advanced there and sometimes there is treatment that is not available here at all."
Another group that accesses her service is that of retirees who wish to retire to a warmer climate, such as Spain’s. “People assume that they will have the same access to healthcare there as here, but you can’t assume that,” she said. “It could be better, but it could be worse than what is available here.”
She advises people to get their E121 form, relating to healthcare, sorted out before they leave, rather than attempting to access it when they arrive at their destination.
She also warned retirees thinking of moving to check their pension entitlements. Those with a private or contributory pension can take it with them. However, those with a non-contributory pension cannot. “That stops at the border,” she warned.
Some people complain of services such as air travel, but she points out that the European Consumer Centre on O’Connell Street deals with such complaints. “Some people come to me having knocked at every door and they want to take their case to Europe,” she said. “I have to explain that they can take their case to the national courts under EU law.
“There are two kinds of cases – the no-hope cases which have nothing to do with EU law, and those where EU law may be involved.
“But the courts should be the last resort. I make people aware of their rights under EU law and attempt to resolve the dispute.”
She pointed out that where the dispute is with a public body the “solve-it” service of the Department of Enterprise, Trade and Employment can often resolve the matter quickly, informally and at no cost.
Not everything is easily soluble, she said, even when the law is on the side of the citizen.
For example, there is a recurring problem for the non-EU family members of EU citizens, who have the right to live with them in EU states and to travel on a residence card, without a visa.
But that is not always observed by the member state, and the non-EU family members can find themselves stopped by immigration authorities.
“There is a problem with the enforcement of the law,” she said.