Social entitlements/rights
Social entitlements/rights
The EU has rules governing entitlement by EU citizens to social services in the
different member states. The basic principle is that you have the same
social rights and entitlements as the nationals of your host country with the exception of
benefits for victims of war and military actions, victims of crime,
assasination or terrorist acts and a few other cases.
In 2014 the EU Court established a new rule limiting the access to social benefits for EU citizens not coming to apply for work. They have no social rights for the first 3 months and limited rights for the first 5 years.
By travelling and settling in another EU country you will have the right to the following benefits if they are provided in that country:
Sickness benefits and social and medical assistance,
Maternity and paternity benefits,
Income coverage for accidents at work,
Occupational diseases coverage,
Invalidity benefits,
Old-age pensions,
Survivor's benefits,
Death grants,
Unemployment benefits,
Family benefits,
Pre-retirement benefits.
The coordination provisions in Regulation number 883 of 2004 state that
one has these rights in only one member state at a time. Social benefits
must comply with the following principles:
"Equal treatment" means that you must be treated like the local citizens.
"Accumulation" means that periods of insurance entitlement built up in one country may be
used in other countries.
"Exportability" means that you can receive social benefits in all the member
states of the EU and EEA area.
"Pro-rata-temporis" makes it possible to take the relative share of a
pension built up in one country and add it to shares built up in other countries.
You do not lose entitlements previously built up if you move around.
If you work in a particular member state, the legislation of that state applies. If
you work in more than one EU state, you are subject to the rules
of the state with which you have the strongest links. If you do not work, you
are subject to the legislation of your state of residence.
Provisions on social security are complex. It is a good idea to enquire your detailed rights and obligations before you move to another EU country.
Rules on taxation are normally governed by bilateral agreements between
the different member states.
The free movement of workers in the EU is regulated by Regulation Number 492/11. There is also a specific directive which regulates the right of EU Union citizens to stay in other EU member states. For example, it is illegal to move to another member state just to receive its social benefits. If one is of working age one must genuinely be moving there in order to find work.
The EU Court has extended the definitition of what constitutes a "worker", so that one only needs to be at work for a few hours per week in order to gain the status of being a worker, and with that all the social benefits which workers in one's host country are entitled to.
