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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.

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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.

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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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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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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.

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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.

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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.

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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.

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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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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:

  • Spain

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:

  • Spain

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,