Author
The law provides access to social welfare for beneficiaries of international protection without drawing any distinction between refugees and beneficiaries of subsidiary protection. Moreover, beneficiaries of international protection should enjoy the same rights and receive the necessary social assistance according to the terms that apply to nationals, without discrimination.[1]
Types of social benefits
The Commission has decided to open an infringement procedure by sending a letter of formal notice to Greece (INHCR(2022)2044) for failing to transpose in a fully conform manner all provisions of the Directive on standards for the qualification of third-country nationals and stateless persons as beneficiaries of international protection (Directive 2011/95EU). Specifically, the concerns of the European Commission regarded potential infringements by Greece of Article 29(1) of Directive 2011/95/EU vis-à-vis the rights of beneficiaries of international protection and, in particular, their access to social welfare after granting international protection.[2]
In order to have access to social benefits in Greece (see below), a beneficiary of international protection must have lived legally and permanently in Greece for a minimum of five years but, depending on the social benefit, this requirement can extendto more than a decade of permanent legal stay. As to the reasons for such requirements, which can amount to indirect discrimination against beneficiaries of international protection in Greece, the Ministry of Labour and Social Affairs explained, in response to a Parliamentary question concerning inter alia the childbirth allowance, “this choice is the product of reflection on the economic repercussions of such a measure under inflexible financial conditions”.[3]
Housing allowance: Housing allowance is provided to families that can demonstrate five years of permanent, uninterrupted and legal stay in Greece.[4] As a result, the majority of beneficiaries of international protection are excluded from this benefit.
Single mother allowance: The allowance for single mothers is provided to those who can provide proof of their family situation, e.g., divorce, death certificate, birth certificate. With no access to the authorities of their country, many mothers are excluded because they cannot provide the necessary documents.
Single child allowance: The single child support allowance replaced the pre-existing housing allowance and is provided explicitly to refugees or beneficiaries of subsidiary protection, that can demonstrate five years of permanent, uninterrupted and legal stay in Greece.[5]
Birth allowance: The birth allowance is granted to any mother who is legally and permanently residing in Greece and amounts to € 2,000 for every child born in Greece. Third country nationals are entitled to receive this allowance if they can demonstrate 12 years of permanent stay in Greece. Exceptionally for the births that will take place in the years 2020-2023 the allowance will be granted to any mother – third country national, who has been permanently residing in Greece since 2012. The permanent stay is proved with the submission of tax declarations. Hence, the vast majority of beneficiaries of international protection are practically excluded from this benefit.[6]
Student allowance: Beneficiaries of international protection are excluded by law from the social allowance granted to students, which amounts to €1,000 annually. According to the law, this allowance is provided only to Greek nationals and EU citizens.[7]
Disability benefits: Beneficiaries of international protection with disabilities also face great difficulties in their efforts to access welfare benefits. First, they have to be examined by the Disability Accreditation Centre to assess whether their disability is at a level above 67%, in order to be eligible for the Severe Disability Allowance.[8] Even if this is successfully done, there are often significant delays in the procedure.
The guaranteed minimum income (ελάχιστο εγγυημένο εισόδημα),[9] formerly known as Social Solidarity Income (Κοινωνικό Επίδομα Αλληλεγγύης “KEA”, established in February 2017 as a new welfare programme regulated by Law 4389/20169).[10] The guaranteed minimum income is € 200 per month for each household, plus €100 per month for each additional adult of the household and € 50 per month for each additional child of the household. It is a necessary safety net to combat the effects of poverty and prevent social exclusion.[11]
Unfortunately, except for the “guaranteed minimum income”, there are no other effective allowances in practice. There is no provision of State social support for vulnerable cases of beneficiaries such as victims of torture. The only psychosocial and legal support addressed to the identification and rehabilitation of torture victims in Greece is offered by three NGOs, GCR, Day Centre Babel and MSF, which means that the continuity of the programme depends on funding.
Uninsured retiree benefit: Retired beneficiaries of international protection, in principle have the right to the Social Solidarity Benefit of Uninsured Retirees.[12] However, the requirement of 15 years of permanent residence in Greece in practice excludes from this benefit seniors who are newly recognised beneficiaries. The period spent in Greece as an asylum seeker is not calculated towards the 15-year period, since legally the application for international protection is not considered as a residence permit. According to GCR’s knowledge, uninsured recognized refugees are asked to provide a recent certificate from the competent consulate of their country, officially translated and legally certified proving whether they receive any pension from their country of birth. This certificate is impossible to obtain since refugees are persecuted and can not address any diplomatic authority of their country of origin. In case they address the diplomatic authority of their country of origin they are at risk of revocation of their refugee status.
Housing assistance allowance for uninsured elderly persons: Retired beneficiaries of international protection, in principle have the right to this allowance, if they demonstrate 12 years of permanent stay in Greece[13]
The granting of social assistance is not conditioned on residence in a specific place.
[1] Articles 28 and 29 Asylum Code.
[2] European Commission, (INFR(2022)2044) C(2023) 110 final, 26 January 2023.
[3] Ministry of Labour and Social Affairs, Reply to parliamentary question by KINAL, 27512/2023, 14 March 2023.
[4] Article 3(6) Law 4472/2017, inserted by Article 17 Law 4659/2020. Residence is established based on the submission of tax declarations within the requisite deadlines.
[5] Article 214 Law 4512/2018, as amended by Article 15 Law 4659/2020.
[6] Articles 1 and 7 Law 4659/2020.
[7] Article 10 L 3220/2004.
[8] JMD Γ4α/Φ. 225/161, Gov. Gazette 108/B/15.2.1989.
[9] Article 29(2) Law 4659/2020, Gov. Gazette A’ 21/3.2.2020.
[10] Article 235 Law 4389/2016. See also KEA, ‘Πληροφορίες για το ΚΕΑ’, available in Greek at: http://bit.ly/2HcB6XT.
[11] OPEKA, Guaranteed minimum income (Ελάχιστο Εγγυημένο Εισόδημα), available in Greek at: https://opeka.gr/elachisto-engyimeno-eisodima/.
[12] Article 93 Law 4387/2016.
[13] Article 2(1)(b) JMD 30105/25.05.2021, Gov. Gazette B 2156/25.05.2021.