The Immigrant Exclusion from Social Programs Index (IESPI)
The Immigrant Exclusion from Social Programs Index (IESPI)
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Belgium

(Data collection by Zina Bibanovic, Holly Jones, Liam Thompson, and Edward Koning. When referring to this page, please use the following citation: Koning, E.A. & Bibanovic, Z., Jones, H. & Thompson, L. (2024). The IESPI Dataset – Belgium country report. University of Guelph, www.iespi.ca/belgium/.)

Tax-paid pensions

TP1AResidence requirement for complete universal tax-paid pension
1990-2023-8 (no universal public pension)

There is no universal public pension benefit in Belgium. The only tax-paid pension is means-tested (see TP2, TP3).

TP1BResidence requirement for access to pro-rated portion of universal tax-paid pension
1990-2023-8 (no universal public pension)

There is no universal public pension benefit in Belgium. The only tax-paid pension is means-tested (see TP2, TP3).

TP2Residence requirement, means-tested supplement
1990-20010 (0-1 month)
2002-202310-14 (5 years, except nationals from Switzerland/Norway/EU)

Pensioners with incomplete pension income have been able to avail themselves of a means-tested benefit. Before 2001, this benefit was called the ‘Gewaarborgd Inkomen voor Bejaarden’ (GBI). It had a one-month residence requirement, which was abolished in 1999 (Lewis, 1969; Seniorennet, n.d.). A 2001 reform replaced this benefit with the ‘Inkomensgarantie voor ouderen/Garantie de revenus aux personnes âgées’ (IGO). This is only accessible to pensioners who have resided in Belgium for at least five years, although this requirement is waived for nationals from Switzerland, Norway, and EU member states, as well as refugees (Mussche, Corluy and Marx, 2014; Loi instituant la garantie de revenus aux personnes âgées, 2001; Federale Pensionsdienst, n.d.-a). Scores are weighted to account for the proportion of migrants from the EU/Norway/Switzerland (coding them as not facing any residence requirements) using data on country of origin from inflow of foreign population from the OECD Migration Database. Extrapolation used for missing data.

TP3Status requirement for access to tax-paid pension
1990-202370 (citizens, permanent residents, privileged nationals)

Access to the means-tested pension, both before and after the 2001 reform, has been restricted to Belgian citizens, EU nationals, and permanent residents (including refugees).

TP4Export possibilities, universal tax-paid pension
1990-2023-8 (no universal public pension)

There is no universal public pension benefit in Belgium. The only tax-paid pension is means-tested (see TP2, TP3).

Health care

HC1Residence requirements
1990-19989 (6 months)
1999-20230 (no waiting period)

The Belgian health care follows a social security model, by which every resident is required to register with a health care fund and pay health care contributions. There used to be a six-month waiting period between registration and eligibility, but this was abolished in 1998 (Agentschap Integratie en Inburgering, n.d.-a; Gerkens & Merkur, 2010: 87-95, 2020; RIZIV, n.d.).

HC2Status requirements
1990-202310 (all legal residents)

All legal residents are eligible to access the health care system, as long as they are registered with a health care fund and have made the necessary minimum of contributions. The only excluded categories are undocumented migrants and migrants who are covered by foreign health care insurance (for whom inclusion would be a nuisance) (Gerkens & Merkur, 2010, 2020; Loi relative à l’assurance obligatoire soins de santé et indemnités, 1994; Machery, 2015).

HC3APublic health care available to asylum seekers
1990-200783 (emergency care and urgent care)
2008-202333 (included in basic system)

Before a large reform in asylum policy in 2007 (the Opvangwet), in most cases asylum seekers were only able to access emergency care and urgent care in Belgium. Since then, asylum seekers have access to almost the exact same health care services that are included in the general system, with some exceptions: they cannot access some services that are not considered absolutely necessary (such as orthodontics), and they do have access to some services that are required in everyday life (such as glasses for children). It is also worth noting that the precise set of health care services asylum seekers can access tends to depend in practice on whether they are staying in collective reception centers, local reception initiatives, or special centers for unaccompanied minors or for victims of human trafficking (Algemene Directie Werkgelegenheid en Arbeidsmarkt, 2007; Dauvrin et al., 2019; Machery, 2015; Pleysier, 2011).

HC3BPublic health care available to undocumented migrants
1990-199650 (emergency care)
1997-202317 (essential care and immediate care)

Undocumented migrants have had access to urgent medical care at least since 1976, when a law explicitly granted access to this category of residents. Since a Royal Decree in 1996, undocumented migrants have access to essential and immediate care through the (misleadingly named) Urgent Medical Aid program. It is worth noting, however, that in practice undocumented migrants cannot always access medical services they need because they sometimes struggle to meet the administrative requirements (in particular, showing proof of residence in the municipality, obtaining a medical certificate proving health needs, and demonstrating lack of financial resources) (Cuadra 2011, Machery, 2015; Roberfroid et al. 2015; Romero-Ortuno, 2004).

HC4AAccessibility services, translation services
1990100 (nothing available)
1991-202367 (translation services occasionally available in some languages)

Public funding for translation services in the Belgian health sector was first introduced in 1991. But because hospitals have to apply for federal funding and arrange the translation services themselves, these services are far from universally available (Lorant & Bhopal, 2010: 237; Verrept, 2008). Indeed, it is far more common that patients with low language proficiency rely on family members than on professional translators (Van Eechoud et al., 2017).

HC4BAccessibility services, other attempts to increase uptake
1990-1996100 (no services)
1997-20230 (culturally sensitive care providers available in at least some instances)

Since 1996, so-called intercultural mediators are active in the Belgian health sector to help provide culturally sensitive care. That said, the total number of mediators is relatively small, and concentrated in some areas of the country (Ahaddour, Van den Branden & Broeckaert, 2016; Vermeyen, 2014; Verrept, 2008; Volksgezondheid, Veiligheid van de Voedselketen, en Leefmilieu, 2016, 2021).

Contributory pension benefit

CP1Minimum contribution years
1990-20230 (no minimum contribution requirement)

Throughout the period under study, there has not been a minimum contribution requirement before one can access a (partial) benefit from the contributory pension scheme. (Bourdoux, 2016; Federale Pensioensdienst, n.d.-b, n.d.-c; Vleminckx, 2019).

CP2Status requirements
1990-20230 (all legal residents)

There are no status requirements to accessing the contributory pension in Belgium. Everyone who works in Belgium is eligible to participate in the contributory pension scheme (Mussche, Corluy & Marx, 2014; Federale Pensioensdients, n.d.-c; Vleminckx, 2019).

CP3Export possibilities
1990-199394-96 (citizens only)
1994-202316-41 (citizens and citizens from designated countries)

Before 1993, only Belgian citizens were able to export their pension abroad. Since then, however, pension export has become possible for an increasing share of the migrant population. Since 1993, this has become a possibility for all citizens of EU member states, and since 1996 for citizens of all member states of the European Economic Area and any country with which Belgium had signed a bilateral social security agreement (Corluy & Verbist, 2010; Mussche, Corluy & Marx, 2014; Socialsecurity.be, n.d.). More precisely, this means export has become possible for citizens from Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, and Spain as of 1994; from Austria, Finland, and Sweden as of 1995; from Algeria, Canada, Iceland, Liechtenstein, San Marino, and USA as of 1997; from Chile as of 2000; from Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia as of 2005; from Australia, Norway,  and the Philippines as of 2006; from Bulgaria and Romania as of 2007; from Bosnia, India, Macedonia, South Korea, and Uruguay as of 2010; from Croatia as of 2014; from Brazil, Montenegro, and Serbia as of 2015; From Albania, Argentina, Japan, and Moldova as of 2016; from Israel and Tunisia as of 2018; from Turkey as of 2019; from Kosovo as of 2020; and from Morocco as of 2023 (Socialsecurity.be, n.d.). Scores are weighted to account for the proportion of citizens from these countries using data on country of origin from stock of foreign and foreign-born population from the OECD Migration Database. Extrapolation used for missing data.

Contributory unemployment benefits

CU1Minimum contribution weeks
1990-202344-61 (104 weeks, but with totalization possibilities for some migrants)

Throughout the period under study, access to unemployment benefits in Belgium has required a lengthy minimum number of work days, ranging from 312 to 624 depending on the age of the applicant. While some reforms loosened these requirements by relaxing the period during which these work days need to have been completed, they did not lower the minimum requirements themselves. Applicants can count days worked in Switzerland, countries with which Belgium has secured a bilateral social security agreement on unemployment benefits, and in member states of the EU and EEA to determine their eligibility, after having worked in Belgium for three months in some cases (such as for work completed in EU countries) and at least six months in others (such as for work completed in Tunisia) (interview BEL-01; Mussche, Corluy & Marx, 2014; RVA, n.d.-a). The scores on this indicator are based on the minimum requirement of 468 days required for people aged 36-49 years old, follow the assumption of an average 234 work days in a calendar year (which is what the Federal Employment Service would count in case of continuous full-time employment), and are weighted to account for the proportion of migrants arriving from countries in which work days can be counted in determining eligibility (coding them as either facing a three-months minimum contribution period or a six-month contribution period) using data from the OECD Migration Database. Extrapolation used for missing data.

CU2Status requirements
1990-19990 (all legal residents)
2000-202313 (citizens, permanent residents, privileged nationals, long-term work permit holders, asylum seekers)

Before 1999, in principle any person meeting the above contribution requirements has been eligible for contributory unemployment benefits. Since a change in residence policy in that year, however, most labor migrants from outside the European Union receive a closed permit which ties their right of residence to a specific employer, which means that they would lose their right of residence upon falling unemployed rather than become eligible for unemployment benefits. Throughout the period under study, asylum seekers whose claim has been deemed admissible have had the right to work and as such the possibility to build up entitlement for unemployment benefits (Agentschap Inburgering en Integratie, n.d.-b; Algemene Directie Werkgelegenheid en Arbeidsmarkt, 2007; Fedasil, n.d.; Geets et al., 2006; Mussche, Lens & Marx, 2020; Vansteenkiste & De Graeve, 2018).

CU3Integration requirements
1990-20030 (no integration requirements)
2004-201630 (tied to permit demanding integration requirements for some in Flanders)
2017-202360 (tied to permit demanding integration requirements for some)

Before 2003, there have been no direct or indirect integration requirements for accessing contributory unemployment benefits in Belgium. In that year, however, Flanders introduced integration requirements for obtaining a long-term residence permit, which all third country nationals (except refugees) need to access unemployment benefits (Adam & Jacobs, 2014; Dierkx & Van Dam, 2014). In Wallonia, such requirements did not exist for a long time, but were also introduced in 2016 (Damery, 2019; Emploi et Formation Professionelle en Wallonie, n.d.; Mandin, 2014; Torrekens, 2016). The scores express the average score of Flanders and Wallonia.

CU4Export possibilities
1990-200473-76 (up to three months within EEA, not possible elsewhere)
2005-202360-62 (up to six months within EEA, not possible elsewhere)

As per EEC Regulation 1408/71, unemployment benefits can be exported for a period of up to three months within the European Community. Since the introduction of EC regulation no. 883/2004, unemployment benefits have been exportable to countries of the EU, EEA, and Switzerland, for a maximum of 3 months, which can be extended until six months under certain conditions (interview BEL-01; RVA, n.d.-b).

Housing benefits

HB1Residence requirements
1990-20230 (no residence requirements)

There has never been a waiting period before one can register for social housing anywhere in Belgium (interview, BEL-02; Notre Maison, n.d.; Societé Wallonne du Logement, n.d.; Vlaanderen, n.d.).

HB2Status requirements
1990-20070 (all residents)
2008-202310 (all registered residents in Flanders, all residents in Wallonia)

For a long time, there was no test of legal residency to register for social housing anywhere in Belgium. Since a change in the Flemish housing law going into effect in 2008, however, applicants need to be registered in the national population register or the aliens register, which effectively bars undocumented migrants and legal migrants with a purpose in Belgium of less than three months. Such a requirement has never been introduced in Wallonia (Decreet behoudende de Vlaamse Wooncode, Art. 93; Federale Overheidsdienst Binnenlandse Zaken, n.d.; interview BEL-02, BEL-03; Societé Wallone du Logement, n.d.; Vlaanderen, n.d.-a). For years after 2007 a score is assigned that averages the value for Wallonia (0) and Flanders (20).

HB3Integration requirements
1990-20070 (no integration requirements)
2008-202320 (tied to integration program for some migrants in Flanders but not in Wallonia)

There have never been integration requirements for accessing social housing in Wallonia. In Flanders, however, since 2008 immigrants for whom integration courses are compulsory (i.e. recent third-country nationals, asylum seekers, and non-citizens who are dependent on social assistance) must at least be in the process of taking language classes before they can access social housing, and will receive fines if they do not complete them in a timely fashion (Decreet behoudende de Vlaamse Wooncode, Art. 95; interview BEL-02; Societé Wallone du Logement, n.d.; Vlaanderen, n.d.-b). For this indicator a score is assigned that averages the value for Wallonia (0) and Flanders (40).

HB4Housing services for successful asylum claimants
1990-1999100 (no targeted services available)
2000-202360 (financial settlement support)

No group of migrants receive privileged access to social housing in Belgium – social housing companies work through waiting lists in order of application, regardless of the status of the applicant. Since 1999, however, successful asylum claimants can access some financial support for settling into independent housing (the so-called ‘installatiepremie’) (Agentschap Inburgering en Integratie, n.d.-c; Openbaar Centrum voor Maatschappelijk Welzijn, 2008a).

Social assistance

SA1Residence requirements
1990-20027-9 (no residence requirement in Wallonia; in Flanders tied to permit requiring three years of residence, except for refugees and EU nationals)
2003-200417-18 (tied to permit requiring three years of residence, except for refugees and EU nationals)
2005-201213-17 (tied to permit requiring three years of residence, except for refugees; 3 months residence requirement for EU nationals)
2013-202318-25 (tied to permit requiring five years of residence, except for refugees; 3 months residence requirement for EU nationals)

Before a welfare reform in 2002, there were no residence requirements for accessing social assistance in Wallonia. In Flanders, however, only citizens (for which a three-year residence requirement was required at the time), refugees, stateless people, and EU nationals were eligible. After the 2003 reform, the residence requirements became the same in Wallonia. The introduction of EU directive 2004/38 meant that EU nationals cannot claim social assistance within their first three months of residence. When a 2012 citizenship policy extended the residence requirement in most cases to 5 years (also required for a permanent residence permit, which by then also granted access to social assistance), the residence requirement for non-refugee, non-EU migrants effectively became longer (Agentschap Inburgering en Integratie, n.d.-d; Geelhand de Merxem, 2013; Mussche, Corluy & Marx, 2014). The scores here are based on the assumption of perfectly equal distribution of migrants between Flanders and Wallonia, and are weighted to account for the proportion of incoming refugees, stateless people and EU nationals using data from the OECD Migration Database. Extrapolation used for missing data.

SA2Status requirements
1990-2002 45 (all residents in Wallonia; in Flanders citizens and privileged nationals)
2003-202370 (citizens, privileged nationals, permanent residents)

Before the 2002 welfare reform, in Wallonia all residents (including undocumented residents) were eligible for social assistance, but in Flanders social assistance was only available to citizens and EU nationals. After the 2002 reform, the status requirements became the same in both regions: since then, social assistance has been accessible to citizens, EU nationals, and permanent residents (Agentschap Inburgering en Integratie, n.d.-d; FRA, 2011; Mussche, Corluy & Marx, 2014; Openbaar Centrum voor Maatschappelijk Welzijn, 2008-b).

SA3Consequences of welfare uptake
1990-200243 (loss of right of residence for some but not all temporary migrants in Wallonia; delayed access to PR or citizenship in Flanders)
2003-200843 (non-renewal of temporary permit)
2009-2023 57 (loss of privileged status)

SA3:                       Consequences of welfare uptake

Before 2002, immigrants on temporary permits in Wallonia could lose their status or not see their permit renewed if they applied for social assistance. In Flanders, the only category of non-citizens that could face consequences as a result of taking up social assistance were EU nationals, for whom the uptake would have negative consequences for possible applications for permanent residence or citizenship. Since 2003, long-term residents could see their application for renewal be denied in case of reliance on social assistance. As of 2008, EU nationals who take up social assistance in their first five years of residence could also see their right of residence revoked. (Loi sur l’accès au territoire, le séjour, l’établissement et l’éloignement des étrangers, 1980; Mussche, Corluy & Marx, 2014; Stadlmaier, 2018).  

SA4Integration requirements
1990-20060 (no integration requirements)
2007-202340 (receipt tied to integration program in Flanders, but not in Wallonia)

There have never been any integration requirements associated with benefit access in Wallonia (Adam & Jacobs, 2014; Martiniello, 2012). In 2006, however, Flanders made the completion of an integration course, consisting of language training, cultural orientation, and career advice, mandatory for benefit recipients (Gysen, Kuijper & Van Avermaet, 2009; Mussche, Corluy & Marx, 2014).               

Active labor market policies

AL1Residence requirements
1990-199916 (no residence requirement in Wallonia; tied to permit demanding three years of residence in Flanders, except for refugees and stateless)
2000-201232-33 (tied to permit demanding three years of residence, except for refugees and stateless)
201349 (tied to permit demanding five years of residence, except for refugees and stateless)
2014-202322-30 (tied to permit demanding five years of residence, except for refugees and stateless; three month residence requirement for EU nationals)

Based on the status requirements below (see AL2), all immigrants in Flanders except refugees and stateless people have had to satisfy residence requirements for long-term residence and citizenship (which was three years until 2012, and five years since then) before being able to access active labor market policies. The same applies to Wallonia as of 2000. Since 2013, EU nationals have been able to access active labor market policies after 3 months (Loi concernant le droit à l’integration sociale, 2002; Mussche, Corluy & Marx, 2014).

AL2Status requirements
1990-199960 (citizens, permanent residents, privileged nationals, some categories of temporary migrants in Wallonia, citizens and privileged nationals in Flanders)
2000-200280 (citizens, privileged nationals, permanent residents in Wallonia; citizens and privileged nationals in Flanders)
2003-202370 (citizens, privileged nationals, permanent residents)

In Flanders, most active labor market programs were inaccessible to third-country nationals until a welfare and labour reform in 2002, which also granted access to ‘established’ (gevestigde) and ‘long-term’ (langdurige) residents. In Wallonia, all residents with access to the labor market have had access to active labor market policy, until a residence policy reform in 1999 restricted unfettered access to the labor market for virtually all TCNs on a temporary permit (Cockx, 2000; Cockx & Ridder, 2001; De Mahieu, 2021; Geets et al. 2006; Mussche, Corluy & Marx, 2014).

AL3AAvailability of language programs
1990-200357 (available to most migrants, but offered unevenly across the country)
2004-201629 (offered unevenly across Wallonia; available for any immigrant, with much adjustment to skill level in Flanders)
2017-202315 (available for all permanent residents and some temporary residents in Wallonia; available for any immigrant, with much adjustment in skill level in Flanders)

Language programs in Belgium have long been run by local centers, which need to apply for federal funding. This has resulted in uneven availability across the country. Since 2003, however, Flanders have offered a wide range of language courses throughout the country, which are accessible to anyone who might be interested and are catered to a wide range of skill levels. Since 2016, Wallonia has also expanded its offering of language courses, which are available to all migrants except those with a temporary purpose in the country (Agentschap Inburgering & Integratie, n.d.-e; Mandin, 2014; Yanasmayan & Foblets, 2010).

AL3BPublic funding of language programs
1990-202320 (fully funded for some, nominal fees for others)

All the above-mentioned language training (see AL3A) has been state-funded. Migrants who are not required to take language courses as part of compulsory integration will have to pay some fees, however, for example for exams (Agentschap Inburgering & Integratie, n.d.-e).

AL4AAvailability of employment assistance
1990-199649 (available to all immigrants intending to become permanent resident in Flanders, no targeted services in Wallonia)
1997-202317 (available to all immigrants intending to become permanent resident)

Flanders has offered immigrant-targeted employment assistance since at least 1984, and all migrants except those with temporary purpose in the country have been able to avail themselves of them (Naric, n.d.; Van de Voorde & De Bruijn, 2010). Wallonia, by contrast has not run any immigrant-targeted employment services until 1996, when it started offering employment services out of welcome centers for immigrants with the intention of settling permanently in the country (Mandin, 2014; Décret relatif à l’intégration des personnes étrangères ou d’origine étrangère, 1996).

AL4BNature of employment assistance
1990-199660 (assistance with credential recognition in Flanders, programs combating discrimination on labor market in Wallonia)
1997-200350 (assistance with credential recognition in Flanders, assistance with finding employment in Wallonia)
2004-201640 (integration training in Flanders, assistance with finding employment in Wallonia)
2017-202320 (integration training)

The earliest immigrant-targeted employment assistance in Flanders were aimed at facilitating the recognition of foreign credentials. Since then, it has expanded the range of available programs, most dramatically since the launch of mandatory integration programs in 2003. In Wallonia, before 1996 attempts to improve the standing of immigrants on the labor market were limited to anti-discrimination initiatives. Since then, it started offering employment services, and dramatically expanded the range of employment assistance with the introduction of compulsory integration training in 2016 (Damery, 2019; EMN, 2016; Torrekens, 2016).

Works cited