These guidelines will also be shared with decentralised administrations, which will be responsible for implementing the decentralised health elements of the Convention on Citizens` Rights. In particular, the Department for the Communities of Northern Ireland is responsible for implementing certain areas of social security within the framework of the rules for the coordination of social security systems. EU rules on the coordination of social security systems ensure that a person is only subject to the “legislation” of one Member State at a time. As a general rule, a person is subject to “the law of” the State in which he works and resides. If these are different, it is usually the State in which they work (if they carry out an economic activity) or resident (where they do not carry out an economic activity). 66. A British national lives on 31 September. December 2020 with his Bulgarian wife (civil partnership) (independent) in the UK. The Bulgarian national fully falls within the scope of Articles 10 and 30. The British national is not placed in the full scope because his stay in the United Kingdom is not facilitated by his Bulgarian partner and therefore he does not have all the rights under the provisions of social security. However, they would have derived rights as family members, for example they would be entitled to UK insurance needs arising from healthcare while temporarily in an EU Member State (EHIC). (b) A British national who has lived and worked in the Republic of Cyprus for 3 years between July 2017 and August 2020, where he or she has paid or been credited with social security contributions.
They will return to the UK in August 2020 and live and work in the UK on 31 December 2020. After working in the UK for a year, they find themselves unemployed. Even if they are not fully covered by the social security provisions, they can still rely on these contribution periods spent in the Republic of Cyprus for the resulting rights. In this case, they can rely on these previous contributions to meet the minimum insurance period in the UK to apply for a contributory jobseeker`s allowance. The UK and the EU have reached an agreement on their future economic partnership. The 1,250-page Free Trade Agreement (FTA) contains a section on the coordination of social security systems which largely reproduces the existing rules on the coordination of social security systems in Regulation (EU) No 883/2004. As a result, social security payments are always due only in one state at a time. In general, it will continue to be possible for mobile workers to remain insured in their home country while working temporarily in the UK (or are insured in the UK if they work in the EU, as appropriate).
The provisions on the coordination of benefits (old-age pension, sickness benefits, etc.) are laid down in detail in the FTA and in turn largely reflect the current regulations. 50. This difference is also important when considering the subsequent migration of BRITISH nationals to the EU after the end of the transition period. A British national legally residing in Austria as a self-employed person at the end of the transition period would fall within the scope of Titles I, II and III of this Part. If they then moved to Poland for a sufficiently long period to lose their right of residence in Austria, e.B 5 years for permanent residence, then they would no longer fall within the scope of Titles I and II, but would remain within the scope of Title III while remaining in one of the situations listed in Article 30 – for example, live and work in Poland, which is subject to Polish social security regulations. This would mean that, even if they would not have a right of residence in Poland under the Withdrawal Agreement, they would continue to be fully affected by the provisions on the coordination of social security systems. Holders of a health card shall retain their rights unless specific bilateral agreements are concluded between the United Kingdom and the Kingdom of Spain. e. Export: provisions allowing the payment of certain social benefits from one State to persons residing in another country as if they were resident in the competent State For more information on the WITHDRAWAL Agreement between the EU and the United Kingdom, see: ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/eu-uk-withdrawal-agreement_en. See also: eur-lex.europa.eu/legal-content/EN/TXT/?qid=1580206007232&uri=CELEX%3A12019W/TXT%2802%29. These factors do not definitively mean that a person falls within the scope of the provisions on the coordination of social security systems, but suggest that a full examination should be carried out to determine whether that person falls within the scope. I.
If the partner was rather a Namibian national (third-country national) and his stay in the United Kingdom had been facilitated by his Bulgarian national partner, he would rather fall within the scope of Article 10 and would have fully independent rights under the provisions of social security. (2) EU coordination regulations aim to facilitate the movement of persons within the Union by providing for a coordination system ensuring that individuals and their families are not disadvantaged by the exercise of their rights of free movement within the Union and are treated in the same way as nationals of the host Member State for social security purposes. They do not create a harmonised system, but coordinate the different social security systems of the different Member States. The free trade agreement applies to the EU and therefore only to the EU Member States. Switzerland and the EEA countries are not (yet) covered by this Agreement. Either its current bilateral social security agreement with the United Kingdom or its national legislation should apply. Between these countries and the United Kingdom, there is no or no double social security coverage for mobile workers. 15. It should be noted that Articles 30(3) and 30(4) operate in such a way that, in cases where a person does not or no longer falls within the scope of Article 30(1), those who continue to fall within the scope ratione personae of Article 10 nevertheless continue to enjoy the related rights set out in the provisions of Title III relating to the coordination of social security systems. This also applies to their family members and surviving dependents. The persons listed in Article 10 will therefore continue to be fully covered by the provisions on the coordination of social security systems as long as they are in one of the situations listed in Title II.
Following the UK`s withdrawal from the EU, people entitled to healthcare under the UK`s National Health Service (NHS) will be guaranteed access to spain`s public health system until 31 December 2020 under the WITHDRAWAL AGREEMENT concluded between the EU and the UK in November. Title IV contains the provision (Article 39) that persons covered by Part Two of the Withdrawal Agreement shall enjoy protection for life under the Withdrawal Agreement as long as they continue to fulfil the conditions set out in Title II or Title III. Their rights will apply beyond the end of the transition period and regardless of future (trade) agreements between the EU and the UK. It is, of course, essential to determine whether a person falls within the scope of the Withdrawal Agreement in order to determine his or her rights under the Agreement. The rules for the application of Titles II and III are different. Residence rights overlap with access to social security, not least because many social security rights depend on their habitual residence in a particular jurisdiction. Habitual residence within the meaning of social security is a matter for national law, while rights of residence within the meaning of immigration are a matter of the right of withdrawal agreement. In practice, however, the two types of rights overlap and overlap. In addition, a person may fall within the scope of Title III, even if he does not fall within the scope of Title II.
The structure of Part Two of the Withdrawal Agreement and the different rules relating to its scope increase the complexity which may be inevitable given the very different nature of the rights and obligations at issue. 11. EU coordination regulations contain specific provisions for different categories of benefits, which contain provisions that determine which state is responsible – or “competent” – for the payment of certain benefits, and health insurance for those who fall within the scope of EU coordination regulations whose social security situation is not limited to a single state or who move to another state. to live or work there. It is important to consider relevant family members when determining jurisdiction. The purpose of this table is to summarise the groups listed in each area of the provisions on the coordination of social security systems. It is provided for illustrative purposes only and therefore should not be considered in isolation and therefore does not list all situations or requirements among these cohorts. 20. The provisions on the coordination of social security systems referred to in Article 30(3) shall be governed by the following provisions: 15.
If a person does not fulfil the conditions for coordination of social security systems in the Withdrawal Agreement, the person`s right to social security benefits or if he or she has to pay UK social security contributions will be determined in accordance with national law or mutual agreement with the State concerned. .