Allowances and Discrimination

If you are being refused a social service or a reduction in costs of the utility, telecommunications companies or any public service afforded to those who hold Spanish nationality, you are likely being discriminated against.

One of the articles in the laws on discrimination states: ‘For the purposes of this Act, discrimination is any act which, directly or indirectly, involves a distinction, exclusion, restriction or preference against an alien based on race, colour, descent or national or ethnic origin, beliefs and practices religious, and which has the purpose or destroy or limit the recognition or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social or cultural field’.

It is also discriminatory to impose stricter conditions for a service, grants or any type of reduction in price or allowance on a foreign resident.

CAB Spain often are contacted by non Spanish residents in Spain who have been refused allowances, subsidies or discounts from governmental departments or utility companies where these have been allocated to locals who meet the requirements. This could also apply to a non contributory pension or an attendance allowance for residential care for someone in need due to Alzheimer’s, dementia or old age.

There must be no discrimination against those entitled to social housing, allowances for children, social allowances and services, education and the right to further educations with grants are included in the rights for those who have made Spain their habitual home.

Contrary to the belief that you must have Spanish nationality to join the armed forces, this is not the case.

If you think you are being discriminated against, contact us to inform you of your rights under the law.

*Note: When making an application for any grants, reductions in cost or state residential care, check the requisites. Only if the requisites are different for foreign residents can you class this as discrimination. An example:

Allowances towards care in a state residential home requisites:

1. To be a Spanish citizens or a non Spanish resident who has resided legally in Spain for five years. (Registration on the padron also for five years is imperative).

The requisites are different for the two types of residents.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.