Social security

BREXIT - Withdrawal Agreement

As of 01/02/2020 the United Kingdom is no longer an EU member state. The UK ratified the withdrawal agreement with the EU. This agreement is in effect as of that date.

The Withdrawal Agreement enables both, EU citizens and UK nationals, as well as their respective family members, to continue exercising their rights under Union law in each other's territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period.

Union citizens and UK nationals, as well as their respective family members, can continue to live, work or study in the host state as they currently do under the same substantive conditions as under Union law, benefiting in full from the application of the prohibition of any discrimination on grounds of nationality and of the right to equal treatment compared to host state nationals. The only restrictions that apply are those derived from Union law or as provided for under the Agreement. 

 

Rights of employed and self-employed persons


The persons covered by the Withdrawal Agreement will have the right to take up employment or to carry out an economic activity as a self-employed person. They will also keep all their workers' rights based on Union law. For example, they will maintain the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment; to take up and pursue an activity in accordance with the rules applicable to the nationals of the host state, to employment assistance under the same conditions as the nationals of the host state, to equal treatment in respect of conditions of employment and work, to social advantages, and collective rights.

 

Social Security Coordination Regulations

The provisions of Regulations 883/2004 and 987/2009 on the coordination of social security systems will continue to apply until the end of the transition period on 31 December 2020 and under certain conditions even after the end of transition period. 

This means that the rules and the procedures for determining the applicable legislation (which State’s social security legislation an individual is subject to) will continue to apply during the transition period and in certain cases they will continue to apply after the end of the transition period.

Periods of insurance, employment, self-employment or residence and facts and events that took place in the United Kingdom before the date the United Kingdom left the EU, as those that will take place during the transition period shall be taken into consideration for the purpose of acquiring entitlement to a benefit.

The export of short-term benefits (illness, maternity, paternity, unemployment, employment injury) to the United Kingdom will continue until the end of the transition period (31/12/2020) for cases with date of entitlement before the end of the transition period.  For cases with date of entitlement after the end of the transition period the export of short-term, benefits will continue after the end of the transitional period if the person falls within Article 30 of the Agreement. 

The Agreement ensures the application of Regulations (EC) No 883/2004 and (EC) No 987/2009 for as long as the situation concerned remains unchanged or the persons continue to be in a situation involving both the UK and an EU Member State at the same time without interruption.
 
The export of pensions (widows, statutory pension, and invalidity pension) in the UK will continue in all cases, irrespective of the date of entitlement even after the end of the transition period.