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Modernising and simplifying the co-ordination of social security provision within the EU

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From Rightsnet.org

 

Modernising and simplifying the co-ordination of social security provision within the EU

Replacing EC Regulation 1408/71 is 'essential to achieve the aim of free movement'

 

From 1 May 2010, EC Regulation 1408/71, which is concerned with the co-ordination of EU social security provisions, will be replaced by a new regulation, EC Regulation 883/2004.

The preamble to the new regulation notes that EC Regulation 1408/71 has been amended and updated many times, and that this has played a part in making Community co-ordination rules complex and lengthy, and that -

'Replacing, while modernising and simplifying, these rules is therefore essential to achieve the aim of the free movement of persons.'

New measures introduced by EC Regulation 883/2004, as amended by EC Regulation 988/2009, include - 

  • extending the scope of co-ordination measures to cover non-active Member State nationals, in addition to the employed and self employed, civil servants, students and pensioners;
  • adding pre-retirement and paternity benefits to the social security branches subject to the co-ordination regime; and
  • allowing the exporting of unemployment benefits to another Member State, when a person goes there to seek work, for three months (or, on a discretionary basis, for up to six months).

In addition, with the rules for their implementation set out in EC Regulation 987/2009,  the new regulations require that institutions must respond to queries within a reasonable period of time and must contact each other, where there are difficulties in the interpretation or application of co-ordination provisions, to find a solution for the person concerned.

EC Regulation 883/2004, EC Regulation 988/2009 and EC Regulation 987/2009 are available from eur-lex.europa.eu

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