Parent employed in other EU country

After Slovakia accession in EU, Slovak citizens can freely move, work and live in any EU country. Such citizens should not be disadvantaged compared to citizens with permanent address in a EU country. Migrating citizens and their relatives are entitled to family allowances similar to the nationals of a EU country.  

Migrating citizens are subject to EU legislation  – international social security regulations.

Pursuant to EU legislation, citizens staying in other EU country are entitled to the same allowances and subject to the same obligations pursuant to legal regulations of any EU country as the EU country nationals. EU legislation neither confers nor maintains entitlement to a few allowances of the same type during the same period of mandatory social insurance.

In general, a person can be subject to legal regulations of the only EU member country in order to avoid situation when a person isn´t subject to any or is subject to more legal regulations.

Family allowances entitlement in other EU member country

Citizens staying and working in other EU member country are entitled to the same family allowances as the nationals of particular EU member country pursuant to EU legislation. The entitlement is assessed pursuant to Chapter 8, Articles 67 - 69 of the EU Parliament and EU Council Regulation No. 883/2004 on the Social Security Systems Coordination. In the area of family allowances, always both parents are assessed, their occupation and permanent address. Pursuant to permanent address definition stated in Regulation No. 883/2004, Article 1 j):

 „permanent address“ refers to location where the person usually stays.

 

If one of a child´s parents works in the Slovak Republic and stays there together with the child, the Slovak Republic is a primarily competent country for family allowances payment pursuant to Article 68, Regulation No. 883/2004 Coll.  The country where the other parent works will be secondarily competent for payment of the compensation allowance.  

If a migrating national of other EU member country works in Slovakia and his wife/her husband stays in other EU country and works there, the child´s mother is primarily entitle to family allowances. IN such case, Slovakia would pay the compensation allowance as a secondarily competent country.   

Based on information of the applicants for family allowances, the Offices of Labor, Social Matters and Family SR shall decide on the competence of legal regulations and legislation pursuant to Article 11, Regulation No. 883/2004. 


 

Dátum vytvorenia stránky: 29.01.2013
Dátum aktualizácie: 08.04.2013
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