Amendments to the Act on the National Allowance for Older Persons are currently being prepared. This allowance, introduced in 2021, serves as a form of support for the most vulnerable among the elderly population.

The proposed amendments include several welcome changes advocated by Ombudswoman Tena Šimonović Einwalter in her annual reports to the Croatian Parliament:

  • the required length of residence is being reduced,
  • the income threshold is being increased,
  • delivery of the allowance by post is being enabled, and
  • eligibility is being expanded to include persons who have initiated proceedings for the termination, annulment, or invalidation of life care or lifetime support contracts.

Ombudswoman’s Comments on the Draft Amendments

The Ombudswoman participated in the public consultation on the Draft Amendments to the Act on the National Allowance for Older Persons; however, her comments and proposals were not accepted. She will therefore continue advocating for them in the next stages of the legislative process, including parliamentary committee discussions.

One of her key proposals was to further increase the amount of the allowance. While the current amendments raise the allowance to €150, this remains below the guaranteed minimum benefit for older persons, which is currently €172.53.

The guaranteed minimum benefit also serves as a “gateway” to access other entitlements, such as housing and heating cost support. For this reason, older persons who qualify for both benefits may still find it more advantageous to claim the guaranteed minimum benefit.

Additionally, the provision stating that the national allowance will not be adjusted in 2024 discourages older persons from applying for it. The Ombudswoman proposed that the allowance be adjusted twice a year, in line with pension indexation, so that it can more closely follow rising prices and inflation.

In practice, problems have arisen related to the statutory requirement of uninterrupted residence. The Croatian Pension Insurance Institute (HZMO), which processes applications for the allowance, does not verify this requirement independently, instead relying on a residence certificate issued by the Ministry of the Interior. However, this certificate does not always reflect the actual situation.

As highlighted in the Ombudswoman’s 2022 Report, one citizen’s application was rejected on the grounds that they did not meet the 20-year continuous residence requirement, as confirmed only by the Ministry’s certificate. The applicant submitted other evidence (statements from neighbours, confirmation of serving as the building’s representative during the disputed period) proving actual residence at the address, but HZMO did not consider them.

In that case, the competent Police Administration clarified that failure to register residence does not necessarily mean that a person did not actually reside at the stated address. Police issue certificates confirming registered residence, but not actual residence. Determining whether a person has actually lived at an address is the responsibility of the authority conducting the procedure, which must assess all available evidence—not just the official residence certificate.

As this case demonstrates, some potential beneficiaries who in fact live in Croatia may be unable to access the allowance. Therefore, the legislation should explicitly state that actual residence may be established based on an assessment of all relevant evidence, not solely on the official residence certificate.

Since this issue reflects a broader problem of formalistic insistence on registered residence certificates by various authorities—instead of recognising and establishing actual residence as a requirement for exercising certain rights—the Ombudswoman, in her 2022 Report, recommended that the Ministry of Justice and Public Administration, in cooperation with the Ministry of the Interior, define how actual residence is to be determined in procedures involving entitlements conditional on residence before public authorities.

All comments submitted by the Ombudswoman on the Draft Amendments to the Act on the National Allowance for Older Persons are available [here].

Further information on the protection of human rights and equality of older persons can be found in the Ombudswoman’s 2022 Annual Report, in the chapters “Rights of Older Persons” and “Age-Based Discrimination.”