Minimum income schemes for the elderly: A comparative analysis of benefit conditions that may affect their right to live in dignity

Abstract

The Union recognises and respects the right to lead a life in dignity (Article 25 Charter of Fundamental rights). This right, it is argued, not only requires an adequate income protection, but also addresses the conditions under which this is provided. In view of the conditions that are often linked to minimum income schemes for the elderly—waiting periods, entitlement to other pensions, calculation rules, means tests, restrictions on the possibilities to move abroad—we studied the minimum income schemes for the elderly of nine EU Member States in order to examine how they work out for persons who have been insured in more than one Member State and those who move to another country after retirement. It appears that minimum income protection sometimes has to be claimed from more than one scheme, that the conditions and calculation rules are extremely complicated, and that frequently the relationship with coordination rules for social security is unclear or even ignored. It is also hard to understand the need for the distinction between the schemes. It is argued, on the basis of these findings, that minimum income schemes for the elderly need particular attention from EU institutions and Member States, because of their present lack of transparency, the problematic coordination of national schemes, the impact on the possibilities of free movement and the (probable) problems with take-up. The article thus wants to contribute to the further development of the concept of living in dignity and provides materials for elaborating the Council recommendations on minimum income and on access to social protection.