The strategic documents of the European Union especially emphasized the need to develop policy towards vulnerable population by the year 2020, in order to facilitate their equal participation in the society. Considering minimum income support programs in Europe, basic programs which are directed towards the population at risk of poverty and social exclusion, it is estimated that a significant portion of the citizens do not apply for rights presumed to be eligible. Obstacles to accessing social benefits of the minimum income support programs reduces its effectiveness, therefore subject of analysis in this paper is the implementation of legally formulated social rights of national states in this area. The main research question is what are the causes of the phenomenon of non-take-up in the context of exercising the right to social benefits? The aim of this study is to determine whether and how the means-tested social benefits contribute to the phenomenon of non-take-up in access to social rights under minimum income schemes in European states. Taking into account the factors at the level of the scheme design and administration of right, findings lead to conclusion that non-take-up is linked to schemes that consist: means-testing, discretionary benefits, conditionality rules and low amounts of social benefits. The results of the research indicate the need for reforms of existing practices which hinder access to social rights in social security systems.