Brussels, 16/09/2015 (Agence Europe) - Slovakia did not breach EU law by reserving disability-related benefits and a Christmas bonus for people on a low income for its residents alone, contrary to the view of the European Commission. The regulation on the coordination of social security systems (EC 883/2004), which theoretically prohibits discrimination against beneficiaries on the basis of the state of residence, does not apply to the benefits in question and the Commission was unable to demonstrate that it applied to the Christmas bonus.
This arises from two judgments returned by the Court of Justice of the EU on Wednesday 16 September, following two cases brought against Slovakia by the European Commission. The Commission took the view that Slovakia had violated regulation (EC) 883/2004 on the grounds that: - the above-mentioned disability benefit (personal assistance allowance, compensation for the costs arising as a result of the disability, an allowance for care for the disabled person - case C-433/13) constitute social security benefits on the grounds of illness; - the Christmas bonus (which is linked to a social, old-age, disability, widow's or orphan's pension - case C-361/13) was a benefit for the elderly. However, the payment of these benefits (social security and old-age benefits) may not, under the regulation in question, be subject to the place of residence of the beneficiary. Consequently, it argued, Slovakia may not reserve these benefits for its residents alone.
The Court disagreed and rejected both cases.
As regards the benefits in question, the Court states that they cannot be described as social security benefits within the meaning of the regulation. Slovakia grants them only to people living with a serious disability and who are dependent, on following an individual and personal assessment of their needs, whereas the regulation applies to general cases, in response to the risks listed therein and to objective criteria which, if fulfilled, entitle the person in question to benefits without the competent authority being able to take account of his or her other personal circumstances.
As for the Christmas bonus, the Court states that this is not paid only to people in receipt of an old-age pension, but also to the beneficiaries of other kinds of pension (widows and orphans, the disabled, etc.), and that the bonus therefore aims to top up means of support. (Francesco Gariazzo)