General question about social benefits in Sweden

[radiomaw]

A person who has a 2 years residence permit in Sweden because of family ties. Is that person entitled to any social benefits or any other helps in Sweden? Or he has to have permanent residence to be able to apply for it?

[fundiver199]

A person who has a 2 years residence permit in Sweden because of family ties. Is that person entitled to any social benefits or any other helps in Sweden?

That depends on the persons situation. Living in Sweden it itself doesn`t entitle anybody to anything. There are always conditions to be made. General swedish law apply to everyone living there.

Or he has to have permanent residence to be able to apply for it?

No.

[radiomaw]

So there's no difference between temporary residence permit under swedish rules and permanent residence and It only depends on the situation of every person?

Also, if the permit residence is after the EU rules then he can't apply for benefits whatsoever since the permit under EU rules depends if the person can support himself or not?

[fundiver199]

So there's no difference between temporary residence permit under swedish rules and permanent residence and It only depends on the situation of every person?

Correct.

Also, if the permit residence is after the EU rules then he can't apply for benefits whatsoever since the permit under EU rules depends if the person can support himself or not?

Its not that simple. As the general rule EU-Citizens are entitled to equal treatment with nationals. There are only two exceptions to this:

a) Social welfare benefit (in Sweden: socialbidrag) during the first 3 month
b) Studie support (uddannelsesstøtte) during the first 5 years, unless the person is a worker or the family member of a worker.

It is true, that the right to residence for more than 3 month is not unconditional. However it is not a requirement, that the person "can support himself". It is a requirement, that he is:

1) A worker
2) Selfemployed
3) A student
4) A service provider
5) A self sufficient person

Being a self sufficient person mean, that you can "support yourself" OR that you are supported by someone else. You are not a self sufficient person, if you rely on social welfare benefit for your substinence, and has never worked in Sweden.

However it is perfectly possible to be a worker, selfemployed or a service provider and still NOT be able to support yourself and receive some amount of socialbidrag from the swedish municipality.

For example you can work 20 hours pr. week in Sweden but not earn enough to support yourself and your family. Then you and your family have EU residence right and can apply for supplementary socialbidrag exactly like a swedish family in the same situation. By supplementary I mean, that the amount payd out will be reduced by the amount, you earn yourself as a salary from your job.

Or you might have been working full time for 13 month, after which you were sacked. If you are activily looking for a new job, then you are still considered a worker and can both stay in Sweden and recieve socialbidrag, if you are entitled to this. That is if your spouse can not support the family, and you dont have any valuable items, you could sell and live from like an expensive car. Again just the same rules, which apply to a swedish family in the same situation.

Also there are several other kinds of transfer incomes, which are not social benefit. Like transfer incomes releted to maternity leave, being sick, being temporarely unemployed or being retired. And EU-citizens are entitled to recieve these on equal terms without any restrictions or consequenses whatsoever for their right to residence.

So its really incorrect to say, that a person taking advantage of the right to free movement in the EU "can`t apply for benefits whatsoever".

[radiomaw]

Thank you from the bottom of my heart and you shall be rewarded for advising people legally.
I think many families/partners are together just because of this great consultancy organization.

I wish all the happiness and grace for you.