Article 29 of the Qualification Directive (2011/95/EU) (2013)


This Ad Hoc Query concerns social assistance for beneficiaries of subsidiary protection.

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Ad-Hoc Query on Article 29 of the Qualification Directive (2011/95/EU) )pdf, 236 kB 

Summary

In accordance with the Qualification Directive (2011/95/EU), Member States shall ensure that beneficiaries of international protection receive the necessary social assistance as provided to nationals. However, based on the provisions of paragraph 2, Member States may limit social assistance to beneficiaries of subsidiary protection to core benefits, which will then be provided at the same level and under the same eligibility conditions as nationals. In addition the connected Recital (45) to Article 29 states that the possibility of limiting such assistance to core benefits is to be understood as covering at least minimum income support, assistance in the case of illness, or pregnancy, and parental assistance.

The Cypriot EMN NCP has requested information about how Member States have transposed this, asking the following:

1. As the provisions of article 29 remain the same with the provisions of the ‘old’ Directive, we would be interested to know whether you derogated on the basis of paragraph 2 and subsequently limited social assistance to beneficiaries of subsidiary protection to core benefits.

2. If yes, can you provide a detailed analysis on how you applied this procedure (including an explanation on how you have interpreted/applied each ‘core benefit’ as stated in Recital (45)?'

24 countries responded to the query. Most respond that they have not used the possibility to limit social assistance for beneficiaries of subsidiary protection.

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