|
Your
social security insurance, benefits and health care rights in the European
Community. SA29
Aug 1998 This is only a guide |
| We can give you
general information. You must not treat it as a complete and
official statement of the law. If you want to know about how the EC
social security Regulations work in any other country, you must ask the
authorities who run the social security system in that country. |
If you are on
holiday or you are visiting another EC country for a short time. read
leaflet
T6 Heath advice for travellers instead. You can get it from any
UK post office. |
|
|
Contents |
|
Insurance and
contributions |
|
1 |
If
you work in another EC country |
|
2 |
If
you work in another EC country for a UK employer |
|
3 |
If
you are Self-employed for a short time in another EC country |
|
4 |
If
you are employed and working in two or more EC countries |
|
5 |
If
you are self-employed in two or more countries |
|
6 |
If
you are self-employed in one EC country and employed in another |
|
7 |
International
transport workers |
|
8 |
Special
arrangements |
|
9 |
If
you work in the UK for an employer that is based in another EC country |
|
10 |
If
you are self-employed in the UK |
|
11 |
Voluntary
contributions |
|
The
benefits |
|
12 |
Jobseeker's
Allowance |
|
13 |
Statutory
Maternity Pay |
|
14 |
Maternity
Allowance |
|
15 |
Statutory
Sick Pay |
|
16 |
Incapacity
Benefit |
|
17 |
Severe
Disablement Allowance |
|
18 |
Attendance
Allowance
Invalid Care Allowance
Disability Working Allowance
Disability Living Allowance |
|
19 |
Benefits
for accidents at work and for occupational diseases |
|
20 |
Retirement
pensions and widow's benefits |
|
21 |
Benefits
for children |
|
22 |
Benefits
for children where one or both their parents have died |
|
23 |
Income
Support |
|
24 |
Benefits
from other EC countries |
|
25 |
How
to claim benefits |
|
Heath care |
|
26 |
Reserved |
|
27 |
Other
EC countries |
|
28 |
Visiting
another EC country |
|
29 |
If
you are self-employed or employed in another EC country |
|
30 |
If
you are out of work in another EC country |
|
31 |
Living
(but not working) in another EC country |
|
32 |
Getting
long-term Incapacity Benefit, widow's benefits or Retirement Pension when you
are living in another EC country |
|
33 |
Getting
Maternity Allowance or short-term Incapacity Benefit when you are in another
country |
|
34 |
Getting
Industrial Injuries Disablement Benefit when you are living in another
country |
|
35 |
Getting
Disability Living Allowance, Attendance Care Allowance |
|
36 |
In
all cases |
|
37 |
Social
services in the EC - nursing homes and residential homes |
|
38 |
UK
health services |
|
|
|
1. |
If
you work in another EC country |
|
For
an EC employer (this includes a UK employer)
Or
as someone who is
self-employed you are usually insured under the social security laws of the
country you work in. You will not usually have to pay UK National
Insurance contributions.
But this is not always
the case. Paragraphs 2-11 will tell you when it will not apply to you.
Note - In some
EC countries there is no compulsory state insurance scheme for self employed
people and no scheme for any benefits.
Back to
the top |
|
2. |
If
you work in another EC country for a UK employer |
|
Your
UK employer may send you to work in another EC country. If you are not
expected to be there for more than12 months, you will usually carry on paying
UK National Insurance contributions. But you may be sent to take the
place of someone else who works for the same employer and who has come to the
end of their time working there. In this case, you cannot carry on
paying UK contributions. But you should look at paragraph 6.
If you are taken on by
an employer or by an agent in the UK so that you can go straight away to work
for them in another EC country, you will usually carry on paying UK National
Insurance contributions. But you can only do this if the employer or
agency runs the same sort of business in the UK and in the country that you
are send to.
If you are taken on
when you are abroad you will not have to pay UK National Insurance
contributions. You will be insured under the social security scheme of
the country you work in.
The Contributions
Agency may need to make enquiries about the business of your employer /
agency in the UK.
There are special rules
if an agency takes you on in the UK so that you can go and work for one of
their clients in Germany or the Netherlands. You may have to pay UK
National Insurance contributions. But this will only be for up to 12
months if you are in Germany or the Netherlands.
If the employer you go
to work for then hires you out again to another client you will not have to
pay UK National contributions. In this case you will be insured under
the social security scheme of your country you are working in. You can
find out more if you write to the Contributions Agency. The address
will be published at the end..
Your UK employer must
apply for and get form E 101. This tells the social security authority
in the other EC country, that you will carry on being insured under the UK
scheme.
To do so your employer
must get an application form the contributions Agency from the address at the
end. It should be completed and sent back to them. As well as
this, new employers and employers who have been in touch with the
Contributions Agency before must get and fill in and send back a form
giving the company's details. You can also get this form from the
Contributions Agency at the address at the end.
If all the rules are
met and your employer will have to pay Employed Earner's Contributions (Class
1) as if you were still in the UK. You will not have to pay into the
scheme of the other EC country. But you should also look at paragraph
6.
If your job in another
EC country happens to last longer than 12 months, although you did not expect
it to, you can carry on being insured under the UK scheme for not more than
another 12 months. But only if the insurance authorities of the EC
country you are working in, agree to this extra time.
Make sure your UK
employer asks for this extra time. They must ask before the end of the
first 12 months you are working in the other EC country. They need to
apply on forms E 102. They can get copies of the forms from the
Contributions Agency at the end.
Back to
the top |
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3. |
If
you are self-employed for short time in another EC country. |
|
You
may be normally self-employed in the UK and go to work in another EC
country. As long as you do not expect to be there for more than 12
months, you will carry on being insured under the UK National Insurance
scheme.
You will have to pay
the Self-employed Earner's Contributions (Class 2 and Class 4) as if you were
still in the UK. You will have to pay into the scheme of the other EC
country.
You must apply for and
get form E 101 from the Contributions Agency, address at the end. If it
can be issued it shows that you will carry on being insured under the UK
scheme.
Apply for the form E
101 to the Contributions Agency, address at the end. When you ask for
this form you must tell us:
- your full name and
address in the UK
- your maiden name (if
you had one)
- your date of birth
- your nationality
- your National
Insurance number
- your business name
and address
- how long you have
been in business
- how you are paying
your Class 2 contributions
- the address or
addresses you will be working at abroad
- the date when you
start work in the other EC country
- how long your work in
the other EC country is likely to last
- if you are working in
the constructions industry
- what is your job
- the address of the
local office where you are registered self-employed
- for each member of
your family who is going with you
- their full name (including maiden name if they have one)
- their date of birth
- Child benefit number
(if they have one)
|
|
Self-employed
construction workers |
|
The
rules for issuing forms E 101 to British construction workers have changed
from 1 February 1998. This is due to a review of the status of
construction workers in the UK. From April 1997 most construction
workers in the UK are no longer classified as self-employed.
You can find out if you
can get form E 101 under the new rules by getting in touch with the
Contributions Agency from the address at the end.
When you get in touch
with the Contributions Agency we ask you to fill in a form. This form
will help the Contributions Agency to decide if you are normally
self-employed. If we decide that you are self-employed, we will send
form E 101 to you, as long as you do not expect to be working for yourself in
the other EC country for more than 12 months. But only if the insurance
authorities of the EC country you are working in, agree to this extra time.
Note - We cannot
send you form E 101 until you have filled in the form to ask for it.
When you have been
given form E 101, you will have to pay the Self-employed Earner's
Contributions (Class 2 and Class 4) as if you were working in the UK.
Self-employed
construction workers in Germany
If you go to
Germany to work in the construction industry you must register at the local
office of the Chamber of Handcrafts (Handwerkskammer). Take your form E
101 with you.
To register with the
Handwerkskammer you have to prove that you are property trained and qualified
in your trade. You will be asked to provide a certificate of Experience
from the:
Certification Unit
British Chamber of Commerce
Westwood House
Westwood Business Park
Coventry
CV4 8HS
You should apply for
this before you leave. There will be a non-refundable charge of £80.
Note -
If
you do not register at the Handwerkskammer, you are not allowed to be
self-employed in Germany.
Self-employed that
unexpectedly lasts for more than 12 months.
If your job in
another EC country happens to last longer than 12 months. Although you
did not expect it to, you can carry on being insured under the UK scheme for
not more than another 12 months. But only if the insurance authorities
of the EC country you are working in, agree to this extra time.
You must ask to carry
on being insured under the UK scheme before the end of the first 12 months of
your work. You will need to fill in forms E 102 which you can get from
the Contributions Agency, address at the end. You should also read
paragraphs 8 - Special arrangements.
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the top |
|
4. |
If
you are employed and working in two or more EC countries. |
|
If
you are employed in two or more EC countries, but not as an International
Transport Worker (see paragraph 7), you are insured under the UK scheme if
you either: |
|
normally
live in the UK, and the UK is one of the EC countries you work in, or you
work for several companies that are based in different EC countries
|
|
or |
do
not normally live in any EC country you work in, but the employer you work
for is based in the UK. |
|
|
|
5. |
If
you are self-employed in two or more EC countries |
|
If
you are normally self-employed in two or more EC countries, you will be
liable to pay social security contributions to the insurance scheme of
the country you live in. But you must do some of your work in the
country you live in. If you do not do any of your work in the country
you live in, you will be liable to pay social security. contributions to the
scheme of the country you do most of your work.
But if this means you
are not covered for a social security pension, then you will be liable to pay
social security contributions to the insurance scheme of the other country in
which you are self-employed.
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the top
|
|
6. |
If
you are self-employed in one EC country and employed in another |
|
You
will pay contributions in the country where you are employed. You may
also have to pay self-employed contributions in the country where you are
self-employed. To find out what it means for you, write to the
Contributions Agency. The address is at the end. Get in touch
with the insurance authorities in the EC country you are going to, as well.
Back to
the top |
|
7. |
International
Transport workers |
|
You
may work as part of the travelling or flying staff of an employer that
carries goods or passengers by road, rail, air or inland waterways.
If you work in two or
more EC countries, you are insured under the UK scheme.
|
|
If
the employer you work for has its registered office or place of business in
the UK
|
|
Or |
If
the employer you work for has its registered office or place of business in
another EC country,
and you work for a branch office in the UK.
|
|
Or |
If
you live in the UK and you work mainly in the UK, even if your employer does
not have
a registered office or place of business in the UK.
|
|
If
none of these apply to you, you are insured under the scheme of the EC
country where your employer has his main office.
Back to
the top |
|
8. |
Special
arrangements |
|
Although
you will be insured under the social security scheme of the country you work
in, there are some times when this will not apply. Two or more
countries in the EC may agree to treat you in a different way, as long as it
is in your interests. For example, you may stay insured under the UK
social security scheme:
|
|
If
you have special knowledge or skills in the job you are doing
|
|
Or |
If
your employer has a special job that needs you to do, in the other EC
country.
|
|
Other
employees and self-employed people may also be treated in this way, as long
as it is in their interests.
To find out more write
to the Contributions Agency. You should also read paragraph 2.
Note - The
Contributions Agency needs to get the foreign social security authority to
agree that you can remain UK insured. This means it may take some time
to decide.
These groups of people
are treated in a special way: |
- seafarers
- civil servants
- members of the staff
of diplomatic or consular posts
- people who work for a
member of the staff of a diplomatic or consular post
- members of the staff
of the European Communities
- members of Her
Majesty's Forces
- civilians who work
for an organisation, like NAAFI, that serves HM Forces of for HM Forces in
Germany
if you are in any of
these groups and you are not sure, for example, what National Insurance
contributions you should pay or what benefits you can get, write to the
Contributions Agency.
Back to
the top |
|
9. |
If
you work in the UK for an employer that is based in another EC country. |
|
You
may usually work for an employer in another EC country who may send you to
work in the UK.
If you are sent to the
UK.
|
|
for
not more than 12 months
|
|
and |
you
are not sent to take the place of someone else who works for the employer and
who has to come to the end of the time they have to spend here,
|
|
you
will still be insured with the other EC country. You will not have to
pay UK contributions.
You, or the person who
acts in the UK for your employer, must apply for and get form E 101 from the
insurance authorities of the other EC country. Form E 101 tells us that
you continue to be insured under the other country's social security
scheme. If you do not have form E 101 there may be a demand to pay UK
contributions.
It may happen that your
job in the UK lasts longer than 12 months, although you did not expect it
to. You can carry on being insured under the other EC country's scheme
for not more than another 12 months. But the Contributions Agency must
agree to this extra time.
Before the end of the
first 12 months your employer should get forms E 102 from the insurance
authorities of the country where your contributions are being paid.
They can then use forms E 102 to ask for you to carry on being insured in the
other EC country. They should send forms to the Contributions Agency.
Your work in the UK may
still not be finished when the second 12 months is over. Or you may not
be allowed to stay insured under the scheme of the other EC country after the
end of the first 12 months. If so you must start paying contributions
to the UK scheme.
If you are not included
in the rules in this section and you work for an employer in the UK, you will
usually have to pay UK contributions as soon as you start work. To do
so you must have a UK National Insurance Number.
If you do not have a
National Insurance number you must apply for one in person, as soon as
possible, at the Contributions Agency office. You can obtain the local
Contributions Agency office address from your local telephone directory under
Contributions Agency. They can tell you more about paying
contributions in the UK.
Back to
the top |
|
10. |
If
you are self-employed in the UK |
|
You
may be normally self-employed in another EC country and you come to do
self-employed work in the UK. As long as you do not expect to be
working more than 12 months, you will stay insured with the other EC
country. You will not have to pay UK contributions.
You must have form E
101 to tell us that you are still insured under the other EC country's
scheme. You must apply for and get form E 101 from the insurance
authorities of the country you usually work in.
If you do not have form
E 101 you must be asked to pay UK insurance contributions.
It may happen that your
work lasts longer than 12 months, although you did not expect it to.
You can carry on being insured under the other EC county's scheme for not
more than another 12 months. But the Contributions Agency must agree to
this extra time. Before the end of the first 12 months you should ask
for forms E 102. You can get them from the insurance authorities of the
country where your contributions are being paid. Use forms E 102 to ask
if you can carry on being insured in the other EC country. Send the
forms to Contributions Agency.
Your work may still not
be finished when the second 12 months is over. Or you may not be
allowed to stay insured under the scheme of the other EC country after the
end of the first 12 months. If so, you must start paying contributions
to the UK scheme.
If you are not included
in the rules in this section and you work in the UK, you will usually have to
pay UK contributions as soon as you start work. To do so you must have
a National Insurance number.
If you do not have a
National Insurance number you must apply for one in person, as soon as
possible, at the local Contributions Agency office. You can obtain the
local Contributions Agency office address from your local telephone directory
under Contributions Agency. They can tell you more about paying
contributions in the UK.
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the top |
|
11. |
Voluntary
contributions |
|
If
you are working in an other EC country you will normally have to be insured
under that country's scheme. But the EC rules means that if you move
from one EC country to another you will not lose your social security rights,
provided you follow the rules.
Whether or not you are
working in another EC country, you can usually decide if you want to pay into
the UK National Insurance scheme. These are called voluntary
contributions because you do not have them if you do not want to. If
you do pay voluntary contributions, they may help you get a UK pension and
some other UK benefits. You need to decide if it would be in your
interests to pay voluntary UK contributions. To help you, you should
note that:
- if you are send back
to work in another EC country by your employer, and you are insured under
that other country's scheme, you can get UK Incapacity Benefit,
contributions - based Jobseekers Allowance or Maternity Allowance when you
come back to the UK. But:
- you must have kept your normal home in the UK, and
- you must not be able to get the other country's benefit
- for all the weeks
that you are doing work for which you are paid while you are abroad, you
can usually pay voluntary contributions at either:
- the Class 2 rate for self-employed people, or
- the Class 3 rate for people who are not working
- for any other weeks
you can pay at the Class 3 rate only
- Class 2 contributions
count for Retirement Pension, widow's benefit, Maternity Allowance and
short-term Incapacity Benefit
- class 3 contributions
count for Retirement Pension and widow's benefit
- you cannot use
voluntary UK contributions to help you get UK contributions-based
Jobseeker's Allowance, nor do they give you cover for health care (see
paragraph 36).
If you want to pay
voluntary contributions to the UK National Insurance scheme while you are in
another EC country, write to the Contributions Agency as soon as possible.
You must pay your
voluntary contributions within certain time limits for them to count for
benefit.
Note - you will
not be able to pay voluntary contributions to the UK scheme if you are
already paying voluntary contributions in another EC country.
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|
The
Benefits |
|
12. |
Jobseeker's
Allowance |
|
Jobseeker's
Allowance (JSA) has both a contribution-based and an income-based
element. If you have been paid enough Class 1 NI contribution-based
JSA. Contribution-based JSA may be paid to jobseekers in EC
countries. See the rules in this section.
If you do not qualify
for contribution-based JSA or it does not fully meet your needs you may
qualify for income-based JSA. Income-based JSA is normally only payable
to jobseekers in the UK and is not covered by the rules in this
section.
UK
contribution-based JSA in another EC country
If you: |
|
are
getting UK contribution-based JSA |
|
and |
have
been registered as available for work, usually for four weeks, at a UK
jobcentre
|
|
you
may be able to carry on getting UK contribution-based JSA for up to three
months while you look for work elsewhere in the EC. But you must
have been getting contribution-based JSA before you go abroad.
Uk contribution-based
JSA is paid by employment services in the EC country in which is made in
local currency at the rate of contribution-based JSA you were paid in the UK,
and is authorised on form E 303. This form is issued by the Benefits
Agency.
If you can get UK
contribution-based JSA in another EC country, you can get a letter from your
jobcentre to help you in registering for work in that country. Give it
to the authorities who run the employment services in the other country.
If you can get UK contribution-based
JSA in an other EC country and you are going to look for work in:
You will also be given
form E 303.
But you must tell the
jobcentre in good time before you go that you need it. If you do not,
it will be sent to your address in the country you have moved to. If
you are going to look for work in any other EC country, then form E 303 will
be sent to a liaison office in that country.
In each country in
which you are looking for work you must: |
|
register
for work |
|
and |
follow
the rules of that country about being available for work.
|
|
You
can only get benefit while you are registered at the employment office in the
other EC country. Normally as long as you register before the end of
seven days after you left the UK, you may carry on getting your
contribution-based JSA without a break in your entitlement. But you
should note there may be a delay before the other EC country pays you.
So try to make sure you have enough money to last.
Once you have been paid
UK contribution-based JSA for a time spent in an other EC country, you cannot
get it again for another length of time when you are seeking work abroad
unless you have done more work and you have paid into the UK National
Insurance scheme.
If you fall sick
while you are looking for work in another EC country
You might fall
sick while you are looking for work in an other EC country. If you do,
you must get UK short-term Incapacity Benefit (se paragraph 16), instead of
UK contribution-based JSA. But you will only get it as long as the
length of time you can get UK contribution-based JSA has not run out.
Benefit for
unemployment in another EC country
If you paid
unemployment insurance while you were employed in another EC country this may
help you get UK contribution-based JSA following your return to this
country. But you must have either:
|
|
worked
as an employed person and paid Class 1 contributions since the last time you
arrived in the UK |
|
or |
remained
habitually resident in the UK during the time you were working in another EC
country.
|
|
If
either of these apply to you, you may need a record of your employment
insurance from the authorities who run the unemployment insurance scheme in
the other country. If you can, ask them for form E301 before you return
to the UK and keep it in case you need it. If you do claim
contribution-based JSA, give form E 301 to the jobcentre dealing with your
claim. But you should note that form E 301 does not give you any
automatic right to Uk contribution-based JSA.
If you have not paid
Class 1 contributions in the UK since your return and you cannot be treated
as habitually resident in the UK when you were in another EC country, you may
still get contribution-based JSA but only if:
|
|
you
worked in another EC country for a UK employer and paid Class 1 contributions
during the first 52 weeks of your employment there |
|
and |
you
kept your normal home in the UK for the whole time you were abroad.
|
|
For
further information contact the Benefits Agency.
If you are coming to
the UK, or coming back here, to look for work, you may be able to carry on
getting the other EC country's unemployment benefit in the UK for up to three
months. To get it you must:
|
|
normally
have been getting that country's unemployment benefit just before you came
back to the UK |
|
and |
have
been registered as available for work for at least four weeks, or for any
shorter time that the rules of the other EC country allows |
|
and |
register
for work in the UK |
|
and |
claim
benefit
|
|
You
can only be paid the others country's unemployment benefit for the time that
you are registered, unless you fall sick. See pragraph16. As long
as you register before the end of seven days after you were last registered
with the employment services of the other country, you may normally carry on
getting your unemployment benefit without a break in your entitlement.
But there may be a delay before you are paid in the UK.
To get another EC
country's unemployment benefit in the UK you will need form E 303. You
should ask for it in the country you are about to leave.
Make sure that you
do everything that you need to do to follow the rules before you leave.
If you do not do this you may lose benefit.
Give form E 303 to the
office at which you claim benefit in the UK. But note that some
countries will not give you form E 303. Instead they will send it
direct to the Benefits Agency.
Leaflet JSAL 22 tells
you more about contribution-based JSA for people going abroad or coming from
abroad. You can get it from Jobcentres in the UK.
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|
13. |
Statutory
Maternity Pay |
If
you:
|
|
work
in another EC country for an employer based in the UK |
|
and |
are
insured under the UK scheme
|
|
you
may be able to get Statutory Maternity Pay (SMP) from your employer in the
other country. You do not need to be a national of any EC country to
SMP in another EC country.
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|
14. |
Maternity
Allowance |
|
UK
Maternity Allowance in an other EC country |
If
for any reason you cannot get SMP in another EC country, but you were last
insured under the UK scheme, you may get UK Maternity Allowance
instead. You can get it:
|
|
if
you are living or working there |
|
or |
if
you are looking for work there and you are getting UK contribution-based
Jobseeker's Allowance |
|
or |
if
you are already getting Maternity Allowance in the UK |
|
and |
you
go back to the country where you usually live in or you go to live in another
EC country. But you must get your social security office to agree that
you can carry on getting your benefit |
|
or |
if
the Department of Health tells you that you can go on to another EC country
to get medical treatment, Leaflet T6 Health advice for travellers
tells you more about this. You can get it from any UK post office.
|
|
If
you have your baby in any other EC country the rules for deciding if you may
get UK Maternity Allowance are just the same as if you were living in the UK,
unless you can get the same sort of Maternity Allowance from the EC country
you are living in.
If you are getting
Maternity Allowance and you are going to another EC country, check with your
social security office well before you leave. Make sure that you read
the parts of this leaflet (paragraphs 26 - 37) that tell you about
health care, so that you can sort things out in time.
Maternity benefit
from another EC country
If you have
been working in another EC country you may have become insured for sickness
since the last time. If you have, and you claim maternity benefit under
that country's scheme, your UK insurance may help you get it. The
authorities there will ask the Contributions Agency for details of your UK
insurance record.
The contributions
Agency will send them on form E 104. They will usually need to get in
touch with the employer you used to work for in the UK before they can send
form E 104. The authorities who run the foreign maternity scheme will
decide your claim using their own rules.
UK Maternity
Allowance in the UK
If you are
insured under the UK scheme while you are working for your employer, you can
usually get SMP. But if for any reason you cannot get SMP in the UK you
may get Maternity Allowance instead.
If you claim UK
Maternity Allowance in this country the sickness insurance paid in another EC
country may be used to help you get UK benefit. But only if you have
worked and paid insurance contributions under the UK scheme as an employed or
self employed person since the last time you arrived in the UK.
Before you return to
the UK get a record of your sickness insurance from the authorities in the EC
country. Ask them for form E 104 and keep it in case you need it.
If you do claim UK Maternity Allowance, give the form to the social security
office dealing with your claim.
If you have not paid UK
contributions as employed or self-employed person since your last arrival in
the UK, you may still get UK Maternity Allowance if:
|
|
you
worked in another EC country for a UK employer and paid UK Class 1
contributions during the first 52 weeks or your employment there, |
|
and |
you
kept your normal home in the UK for the whole time you were abroad.
|
|
For
further information contact the Benefits Agency.
Benefits from two or
more EC countries
If you could
claim maternity benefit from more than one EC country, you can usually get it
from the country your baby is born in. If you cannot get benefit in
that country, you can claim it from the country where you were insured last.
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|
15. |
Statutory
Sick Pay |
If
you:
|
|
work
in another EC country for an employer based in the UK |
|
and |
are
insured under the UK scheme
|
|
you
may be able to get Statutory Sick Pay (SSP) from your employer if you become
sick while you are in the other country. You do not need to be a
national of any EC country to get SSP in another EC country.
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16. |
Incapacity
Benefit |
|
The
rules for UK Incapacity Benefit and amount you get depending on whether your
incapacity is short-term or long-term. Benefit is usually paid at a
lower rate for short-term sickness of up to 52 weeks and can be paid at a
higher long-term rate when you have been sick for a year. If you want
to know more about the rules read leaflet IB202 Incapacity Benefit
- information for new customers.
UK Short-term
Incapacity Benefit in another EC country
If for any
reason you cannot get SSP in another EC country, but you were last insured
under the UK scheme, you may get UK short-term Incapacity Benefit instead.
You may get:
|
|
if
you fall sick while visiting another EC country (for example, on holiday) but
only if you need urgent medical treatment there |
|
or |
if
you fall sick while you are living or working there |
|
or |
if
you fall sick while you are looking for work there and while you are getting
UK contribution-based Jobseeker's Allowance |
|
or |
if
you are already getting short-term Incapacity Benefit in the UK and you go
back to the country where you usually live or you go to live in another EC
country. But you must get your social security office to agree that you
can carry on getting your benefit |
|
or |
if
the Department of Health tells you that you can go there to get medical
treatment. Look at leaflet T6 Health advice for travelers.
You can get it from any post office.
|
|
If
these do not apply to you, and you are going to another EC country for a
short visit, you may still be able to get short-term Incapacity Benefit there
for up to 26 weeks. But you must be going abroad to get medical
treatment for an illness which started before you left the UK or you must
have been unable to work for at least six moths, with no gaps, before you go.
If you are getting UK
short-term Incapacity Benefit in the UK and you are thinking of going top
another EC country, you should check with your social security office before
you leave. They will be able to tell you if going abroad will affect
your benefit. Make sure you read the parts paragraphs 26 - 37 that
tells you about health care, so that you can sort things out in good time.
When your time for
getting UK short-term Incapacity Benefit runs out you may be able to get UK
long-term Incapacity Benefit. For more information read the paragraphs
on long-term Incapacity Benefit later in this section.
Benefit for
short-term sickness from another EC country
If you have
been working in another EC country, you may have become insured for sickness
since the last time you arrived there. If you have, and you claim
benefit under that country's scheme, your UK insurance may help you to get
it. The authorities there will ask the Contributions Agency for details
of your UK insurance record.
The Contributions
Agency will send them on form E 204. They will usually need to get in
touch with the employer you used to work for in the UK before they can send
form E 104. The authorities who run the foreign sickness scheme will
decide your claim using their own rules.
If you have worked and
become insured in another EC country, and you then fall sick, you may wish to
come back to the UK. If this happens you may get the other country's
sickness benefit in the UK. But you should claim the benefit before you
come back to the UK.
UK short-term
Incapacity Benefit when you come to the UK
If you are
insured under the UK scheme and you fall sick while you are working for your
employer, you can usually get SSP. But if for any reason you cannot get
SSP in the UK you may get UK short-term Incapacity Benefit instead.
If you claim UK
short-term Incapacity Benefit in this country the sickness insurance you paid
in another EC country may be used to help you get UK benefit. But only
if you have worked and paid insurance contributions under the UK scheme as an
employed or self-employed person since the last time you arrived in the UK.
Before you return to
the UK get a record of your sickness insurance from the authorities in the
other EC country. Ask them for form E 104 and keep it in case you need
it. If you do claim UK short-term Incapacity Benefit, give the form to
the social security office dealing with your claim. You should
note that you cannot usually get benefit from more than one country for one
lot of sickness.
If you have not paid UK
contributions as an employed or self-employed person in the UK since your
last arrival in the UK, you may still get short-term Incapacity Benefit but
only if:
|
|
you
worked in another EC country for a UK employer and paid Class 1 contributions
during the first 52 weeks of your employment there. |
|
and |
you
kept your normal home in the UK for the whole time you were abroad.
|
|
For
further information contact Benefits Agency.
UK long-term
Incapacity Benefit
If you have only
been insured for sickness in the UK, you may be able to get long-term
Incapacity Benefit anywhere you may live or stay in the EC as long as you
satisfy the rules and continue to be unfit for work.
If you have been insured
in the UK and in another EC country, the benefit you can get depends
on which other country or countries you have been insured in. This is because
there are different rules for working out your benefit. Read the
paragraphs below for more information.
Benefit for
long-term sickness from another EC country
If you have
been insured in the UK and also in any of the following countries:
- Belgium
- France (except if you
were a minor or you were self-employed agricultural worker)
- Greece (in the
agricultural scheme only)
- Netherlands
- Republic of Ireland
- Spain
Only one of them will
pay you benefit. This is usually the country in which you were last
insured when your sickness began. If you were last insured in the UK,
you will get full-rate long-term Incapacity Benefit and you may also
get an increase for your dependants if you satisfy the rules.
If you were last
insured in one of the above countries, you will get that county's invalidity
benefit. Previous periods of UK insurance may help you to satisfy the
rules of the country from which you claim your benefit.
The country that pays
your benefit may also pay you extra for an adult who depends on you. It
does not matter if they live in another EC country, as long as your husband
or your wife does not work you may you may also be paid extra for any
children who depend on you.
Benefit for
long-term sickness from more than one EC country
If you have been
insured at any time in the UK and also in:
you may be able to
get UK long-term Incapacity Benefit and also invalidity benefit from
each of the countries where you were insured. If you were also
insured in an countries listed in the previous paragraph, these countries may
pay you invalidity benefit as well.
Each country where
you have been insured will work out how much of their benefit they can pay
you. Different rules apply to any extra you may get for an adult and
child(ren) who depend on you. Read How you claim is dealt with an Getting
extra for your dependants later.
If you are getting
benefit from only one of the countries where you were insured, ask the
authorities that pay your benefit to send your claim to the other country or
countries where you were insured. They will then consider whether they
can pay your benefit.
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17. |
Severe
Disablement Allowance |
There
are rules about:
- your age
- how disabled you are
- how long you have
lived in the UK
if you want to claim
Severe Disablement Allowance (SDA). If you are already get SDA and you
want to go to another EC country, get in touch with the Benefit Agency.
Ask if you will be able to take your SDA with you.
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18. |
Attendance
Allowance
Invalid Care Allowance
Disability Working Allowance
Disability Living Allowance |
|
If
you get any of these allowances and you go to live in another EC country, you
will usually not be able to go on getting them. Going to visit
another EC country may also effect your UK allowance. If you are
planning to go to another EC country, either to live or visit, you should
write to the office that pays your allowance to find out more. Look at
the back of your order book to find the address.
If the EC country you
are going to live in has a benefit like one of the UK allowances, any time
you spent working as a self-employed person or for an employer in the UK, or
any time you lived here, may help you to be able to claim the foreign
benefit.
You should also note
that similar rules apply if you claim a UK allowance in the UK. Any
periods spent working in another EC country as a self-employed person or for
an employer, or any time you lived there, may help you satisfy the rules in
the country for getting a UK allowance.
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19. |
Benefits
for accidents at work and for occupational diseases |
|
If
you are a widow and your husband died of an accident at work or from one of
the industrial diseases on the official list, you may be able to get widow's
benefit. This applies even if you do not meet the insurance rules for
widow's benefit.
Or if you cannot work
because of an accident at work or because you have one of the industrial
diseases on the official list, you may be able to get Industrial Injuries
Disablement Benefit. The Benefit Agency will tell you more.
If you worked in two or
more EC countries in a job which gave you one of the industrial diseases on
the official list, you will only get benefit from the country where you were
working last in the job that gave you the disease. Note - This
does not apply if you have pneumoconiosis. There are special rules for
this.
If your disease gets
worse and you are getting, or if you used to get, benefit from an EC country,
that country will usually pay you an extra benefit that you may be able to
have. You will need to have a further medical assessment.
But you may getting
benefit from one EC country, and you are now doing the same job that gave you
the disease, but in a different EC country. If you are, the first
country will not pay you an extra benefit. Instead, the second country
will pay you benefit, and they will use their own rules to decide how much
you should get. They will look at how much worse you disease has
become.
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20. |
Retirement
Pensions and widow's benefits |
|
This
section can only give you general help. If you want to ask about your
own pension rights in another EC country you must ask the authorities who run
the pension scheme in that country.
UK state pension age
UK state
pension age is 65 for men and 60 for woman. But over a ten-year period
starting on 6 April 2010, UK state pension age for woman will change from age
60 to age 65. This means:
- woman born before 6
April 1950 will reach pension age at age 60
- woman born on or
after 6 April 1955 will reach pension age at age 65
- woman born on or
after 6 April 1950 and before 6 April 1955 will reach pension age at 60
plus 1 month for every month or part month their date of birth is after 5
April 1950. For those woman Retirement Pension will always be awarded
from the 6th of the same month.
Example
A woman is born
on 21 November 1950.
Number of months from 6 April 1950 to 21 November 1950 =8
(November counts as one month)
UK state pension age =
July 2011
(age 60 is November 2010 plus 8 months = July 2011)
Pension will be paid 6
July 2011.
UK pension forecast
If you are
within four months or more from UK pension age, you can ask for a forecast of
what UK pension you can expect to get. It will tell you what your
pension is now and whether or not you can get more by the time you reach UK
pension age. But it will not include any insurance you have paid in
another EC country.
If you are living in
another EC country or you are going abroad soon, write to the Contributions
Agency and ask for an application form. If you are living in the UK and
you are going to live in another EC country for the same time, you should get
the application form BR 19 from your social security office.
How to claim your
pension
Every EC
country has its own rules. You must follow these rules before a pension
can be paid to you. The age that you can start to get your Retirement
Pension may also be different in the other countries.
You can claim your
pension directly from any EC country that you have been insured in. Or
you can claim from the EC country you live in when you are getting near
pension age.
If you have been
insured in the UK we will usually send you a claim form about four months
before you reach UK pension age. The form will ask you if you want to
claim a UK Retirement Pension. It asks you to tell us about any
insurance and residence you may have in other countries.
Remember to tell the
Benefits Agency when you change your address or the form may not get to you.
If your husband dies
when you are in one EC country, but he was insured in another EC country, you
may claim widow's benefits in either of the countries.
If you claim Retirement
Pension or widow's benefit in the EC country where you live, that country
will pass details of your claim to any other EC country where you or your
late husband have been insured.
How your claim is
dealt with
Each EC country
where you have paid insurance towards a pension will look at your insurance
under its own scheme and will work out how much pension you can have.
As long as you meet the rules you will get a pension from each county.
Each country will also
look at any insurance you have in another EC country. This can help you
get a pension, or a higher pension, under its own scheme.
To do this each country
sends details of your insurance record to the others. Each country then
works out how much to pay you.
They do this in two
way:
Method A
Each country
works out how much pension you can get, just from what you have paid into its
own social security scheme.
Method B
Each country
adds together your insurance in all countries. Then each ones sees how
much pension you would get if your insurance had all been paid into its own
social security scheme. But each country only has to pay you part of
this. How much it pays you depends on how much you have paid into its
scheme.
For example , if
one-third of the insurance you have paid was from the UK, then the UK would
pay one-third of the total pension it has worked out you could get. All
the other countries usually work out how much they are going to pay in the
same way.
When a country has
worked out your pension in the way shown in Method A, it will usually pay it
to you while you wait for Method B to be done. If your pension is
higher under Method B, you will get the higher one without having to ask.
Any UK graduated
contributions you have paid are not used in working out Methods A and
B. But you can get a pension from these contributions whether or
not you get a pension using Method A or B above.
How your pension
will be paid
Each EC country
decides how it will pay your pension. If you have any questions about
this get in touch with the authorities who run your pension scheme in that
country. If you are in the UK you can be paid a pension from any other
EC country. But if you are, any UK Income Support that you have been
getting may go down or stop.
You can be paid a UK
retirement pension (with an extra amount if you are aged 80 or more), or
widow's benefits, in any other EC country. You will get in the UK.
You will usually be
paid straight into your bank account in the UK or abroad, if you have one.
Or, if you wish you can choose to have payment payable orders sent straight
to you by post or to a Uk building society if you have an account there.
Whichever you choose, payment is made every 4 or 13 weeks in arrears.
If you get back
payments before you started being paid your pension they will usually be paid
straight to you.
But: |
|
if
you are in the UK and the back payments of pension are from another EC
country |
|
and |
you
have been getting Income Support for the time that you should have been paid
back payments from the other country
|
|
we
can take back all, or part, of what we paid you in Income Support out of the
money the other country owes you. If you are in another EC country the
authorities there may have been helping you by paying you benefit while you
have been waiting for your pension to be paid from the UK. When your UK
pension is paid, the other country can take off the amount they paid from
your UK pension. If there is anything left over it will be paid to you.
Getting extra for
your dependants
If you can get
a pension from EC country, you can also be paid extra for any adult who
depends on you. You can get this extra pension even if the person who depends
on you is in another EC country. The extra person will be worked out in
the same way as the rest of your pension. Look at How
your pension will be paid to find out more details.
There are special rules
for children who depend on you. If the EC country you live pays a pension, it
should pay the benefits for your children, too. It will base them on
it's own scheme. You may get Child Benefit or extra pension for the
children, or both.
If you do not get a
pension in the country where you live, and you and your husband or your wife
are not working, the benefits for your children will be paid either:
|
|
the
country that you get a pension from |
|
or |
if
you get a pension from two countries, the country where you were insured for
the longest time.
|
|
The
insurance you have paid in the UK may be used by other EC countries when they
decide what benefit you can get.
Benefits for
children of workers who have died
There are
special rules about benefits for children of someone who has died. If
you are a widow and your husband was insured only in one EC country, that
country pays the benefits for a child. It will work out what the
benefits are using it's own rules under it's own scheme. They may be
child benefits, orphans pension or extra widow's pension, or some of each.
If your husband was
insured in more than one EC country, it will usually be the country where the
child lives that pays the benefits.
But your husband must
have been insured in that country, and there must be some benefit to be paid
for he child.
If your husband has not
been insured in the country where the child usually lives, or that country
cannot pay any child benefits, the EC country where your husband was insured
for the longest period has to pay the child benefits.
Other EC countries may
use your husband's insurance when they work out if they can get benefit for
the child.
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21. |
Benefits
for children |
UK
Child Benefit and Family Credit
If you are in
the UK or another EC country and; |
|
you
are employed or self-employed in a job in which you must pay
contributions under the UK scheme |
|
or |
you
are getting one of these UK benefits:
- contribution-based Jobseekers Allowance
- Guardian's Allowance
- Incapacity Benefit
- Retirement Pension
- widow's benefits
- Industrial Injuries Disablement Benefit |
|
you
can get UK Child Benefit for your children even if they are living in another
EC country. You may also be able to get UK Family credit.
Children's allowance
from another EC country
If you are in
another EC country: |
|
you
are employed or self-employed |
|
and |
you
are insured under that country's insurance scheme |
|
or |
you
are getting one of these foreign benefits:
- unemployment benefit
- benefit for orphans
- benefit for sickness
- old age pension
- benefit for an accident that happened when you were at work
- benefit because you have an industrial disease on the official list |
|
you
can usually get the children's allowance that country pays. You can get it if
your child, or your children, stays in the UK. Any UK insurance you have paid
may help the other country decide if they can pay you their children's
allowance
If you could get
benefit from two different countries
It may be that
you and your husband or wife could both get benefit from two different EC
countries for the same child. If so, both countries will not have to
pay all the benefit. The country where one of you works and pays into
the social security scheme will usually pay.
If you or your husband
or wife are working in different countries and you are both paying into the
social security scheme in each country, the country the child lives in will
usually pay benefit. The other country may pay something too. They may
do this if you would get more for the child in their country. They may pay
the extra you would have got there.
If you want to know
more about Child Benefit you might get, write to: |
|
Department
of Social Security
Child Benefit Centre (Washington)
PO Box 1
Newcastle upon Tyne
NE88 1AA |
|
To
find out more about Family Credit, write to: |
|
Customer
Services Manager
Family Credit
Government Buildings
Cop Lane
Penworth
Preston
PR1 0SA |
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|
22. |
Benefits
for children where one or both their parents have died |
|
You
may want to claim benefit for a child or children where one or both parents
have died. Any insurance paid by the parent(s) in another EC country
may sometimes help you with your claim.
To find out more about
this, write to: |
|
Department
of Social Security
Guardian's Allowance Unit
Child Benefit Centre (Washington)
PO Box 1
Newcastle upon Tyne
NE88 1AA |
Having
UK benefits paid in another EC country
If you are
getting: |
|
UK
Guardian's Allowance |
|
or |
Child's
Special Allowance |
|
You
can usually get it when you, or the child or children you are getting it for
are in any other EC country.
Benefits from
another EC country
Another EC
country may pay you benefit for a child which has lost either one or both its
parents. If so, you can usually carry on getting it in the UK.
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23. |
Income
Support |
|
If
you come to the UK from another EC country you may be able to get some help
from Income Support. But this will partly depend on whether you are
habitually resident in the UK, the Republic of Ireland, the Channel Islands
or the Isle of Man.
If you are: |
|
an
EC national who has recently worked in the UK |
|
or |
a
refugee or a person with exceptional leave to stay in the UK |
|
You
may be treated as habitually resident here. Otherwise, if you: |
|
are
looking for work in the UK but have not recently worked here |
|
or |
are
a UK national returning to the UK after living in another EC country |
|
an
adjudication officer must decide if you are habitually resident in the UK.
As well as other
things, the adjudication office will decide this by asking you if:
- you have recently
worked in the UK
- how long have you
worked in another EC country
- why you have come to
the UK, and
- how long you intend
to stay in the UK.
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24. |
Benefits
from other EC countries |
|
The
benefits you can get in most other countries depending on: |
|
how
much insurance you have |
|
or |
how
much, or how little money you have got |
|
The
UK is like this, too. If you go to live in another EC country you will
not get any benefits that are based on insurance unless you have paid into
the social security scheme there. But if you a widow or widower, you
may get them if your husband or wife has paid into the scheme.
If you cannot get any
benefits that are based on insurance and you need help with money, ask the
welfare authorities in the area where you live, about any other
benefits which you can get. They will be able to tell you if you have
lived in that country long enough to get them. They will also tell you
if you have lived in that country long enough to get them. They will
also tell you if your right to live there would change if you claimed the
benefits.
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25. |
How
to claim benefits |
Claiming
if you are in the UK
You have to
claim within a certain time. Do not delay in making your claim or you
may lose benefit.
Contribution-based
Jobseeker's Allowance
Go to your
local Employment Service Jobcentre. It is listed in the business
numbers section of the phone book.
Statutory Sick Pay
and Statutory Maternity Pay
Contact your
employer.
Other benefits
Go to your
social security office. For your nearest office, look for the display advert
under the Benefits Agency in the business numbers section of the phone book..
Claiming UK or other
countries' benefits when in another EC country
Claim in the
country you are in. Go to the authorities who run the insurance scheme there.
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|
Health
Care |
|
26. |
Reserved
|
|
27. |
Other
EC countries |
|
To
get health care in most other EC countries you will have to have paid into a
state sickness insurance scheme. It usually covers both cash benefits and
health care. The times when you paid into the Uk national insurance scheme
when you were self-employed or working for an employer may be used by another
EC country.
You may need a form,
usually form E 104, |