What are the EU Social Security Coordination rules ... and how do these apply to me?
Karen Farrugia Manager II (Research) International Affairs
I
n this series of Articles, we will provide more specific information on each benefit covered by the EU coordination rules. Whilst, the previous article outlined the provisions for pensions, this article will provide more information on family benefits.
competence for paying the benefits. The order of priority is the following:
Family benefits are provided under the legislation of all Member States although they vary from one state to another. Despite these differences, the eligibility for family benefits usually depends on the economic status and place of residence, irrespective of the nationality of the family members.
When determining competence, each Member State is guided by these criteria. The state which is determined as primarily competent pays the full rate of benefits as applicable to nationals, whilst the state determined as secondarily competent pays the difference between the rate payable under its scheme and the rate payable by the state of primary competence.
Entire family living in one Member State If the entire family lives in the same Member State, they qualify to the rights enshrined under the legislation of that state. In other words, they are entitled to the same amount of benefits as nationals. If the entire family is living in Malta, the following is the list of Family Benefits provided under the Maltese scheme: ● ● ● ●
Child Allowance Benefit for Disabled Children Foster Care Allowance In-Work Benefit
In the event of a posted worker who was sent to work in another country for less than 2 years, the home country remains competent for social security coverage during the period of posting. Consequently, the same member state is responsible to pay the family benefits. Family members living in different Member States: The EU Coordination rules provide for priority rules to determine which country takes primary and secondary Paġna 28
familja Ħarġa Nru. 13 - Diċembru 2020
1. 2. 3.
The country of employment/ self- employment The country paying the pension The country of residence
In the event where both states are competent for paying the benefits, the state where the children reside takes priority. Family benefits for unemployed persons Unemployed persons and their family members are entitled to family benefits according to the legislation of the state paying the unemployment benefits. If the family members reside in a different member state, the priority rules shall apply. Family benefits for pensioners Usually pensioners receive family benefits from the state which pays the pension. In case of entitlement to more than one pension, special rules apply.
For more information, you may visit the Europa Website on: https://europa.eu/youreurope/ citizens/work/unemployment-andbenefits/family benefits/indexamp_ en.htm
