Here is basic information about the residence-related benefit restrictions issue along with questions and answers to various issues and requests that the Organisation of Disabled in Iceland has received. We would like to point out that this issue has been referred to the Social Insurance Administration (Tryggingastofnun ríkisins, TR), but we want to help everyone with obtaining information and to claim their right. We will also keep adding answers as soon as we receive questions or new issues arise in regard to this case.
Regarding the case
The opinion of the Althing Ombudman concerns the calculation rule of TR for the residence ratio of those who lived in an EEA country before their disability status was assessed. Another calculation rule applies to persons with disabilities who lived in a non-EEA country before the first assessment of disability took place. The outcome of that calculation rule is much higher when the same premises are considered.
The grounds of the case is that full payments are based on 40 years’ residence in Iceland when individuals are between the ages of 16-67 years. The rule according to the Social Security Act is that when individuals have not reached the age of 67 years, all years shall be added as if the residence had been in Iceland. This rule has not been enforced in Iceland, except in instances where individuals have been residing in a state that is not part of the EEA.
The case is described here on the website of the Organisation of Disabled in Iceland.