EU social security coordination

Social security systems differ significantly from one member state to another.

The EU provides common rules to protect your social security rights when moving within Europe (EU member states + Iceland, Liechtenstein, Norway and Switzerland). The rules on social security coordination do not replace national systems with a single European one. All countries are free to decide who is to be insured under their legislation, which benefits are granted and under what conditions.

The Coordination Regulations only "coordinate" (or connect) the various social security systems, they do not intend to "harmonise" the systems.

The Coordination rules therefore do not remove substantive differences between national systems, including the possible negative effects of crossing borders due to different levels and standards of social protection in each country, nor do they compensate for such effects.

Important EU regulations

EU Regulation 883/2004 ("Basic Regulation") provides rules for coordination of national social security systems.

Two other important regulations are (EC) No 987/2009 ("Implementing Regulation") and 1231/2010. Regulation 1231/2010 extends Regulation 883/2004 and Regulation 987/2009 to nationals of third countries.

Which benefits are covered?

It covers the following branches of social security: sickness benefits, maternity and equivalent paternity benefits, invalidity benefits, old-age benefits, survivors' benefits, benefits in respect of accidents at work and occupational diseases, death grants, unemployment benefits, pre-retirement benefits, and family benefits.

These are all benefits that are granted without any individual and discretionary assessment of personal needs of the claimant, but on the basis of a legally defined position.

Social and medical assistance does not fall within the scope of the Regulation, according to Article 3 (5). However CJEU have adopted a narrow definition of social assistance, and in Case C-535/19 CJEU concluded that medical care financed by the State and granted without any individual and discretionary assessment of personal needs, falled under the category "sickness benefits", and hence was covered by the Regulation.

Which situations are covered?

The EU rules only apply in cross-border situations, where two or more EU/EEA countries are involved (eg. when a person lives in one member state and work in another, or when a person move from one member state to another to work).

In these cross-border situations the EU rules on social security coordination provides some techniques (based on 4 main principles, see below) to ensure that a person is covered in one country only, but in a way that connects the social security systems in the two Member states.

Which individuals are covered?

EU-nationals who reside in a Member State and who are or have been subject to the social security legislation of one or more Member States, and their family members (regardless of their nationality, meaning also third country nationals).

The condition "subject to the social security legislation" is met if a person pay contribution to or is entitled to benefits from a scheme/legislation related to social security, including sickness. If a person pay to unemployment insurance it will also suffice.

Both employed, self-employed and economically inactive persons are covered. People receiving cash benefits (e.g. unemployment benefits) linked with their former employment activity, are generally assimilated to workers for the coverage of social security benefits.

Third country nationals legally residing in the EU as well as members of their families and their survivors are also covered (Regulation 1231/2010).
However Denmark has an "opt-out" according to note 19 in Regulation 1231/2010 which means that Denmark does not apply EU regulations for social security to third-country nationals.
Regulation 1231/2010 can also not be used by third country nationals in EFTA countries (Iceland, Liechtenstein, Norway and Switzerland), due to the fact that it has not been incorporated in the EEA-Agreement.

In case of unemployment benefits, it can be difficult for a third country national to gain from the coordination rules, because it requires a permanent/generel work permit to be available for the labour market, which is a condition for being eligible for unemployment benefits.

Family members

In order to establish who is a member of the family, reference must be made to the legislation of the Member State under which benefits are provided. However, there is an exception to this rule for sickness benefits, maternity benefits and equivalent paternity benefits. For these benefits, it is the legislation of the State of residence which determines who is a member of the family.

Family members can rely on all provisions of the coordination regulation, except those provisions which are applicable solely to workers. The main examples of provisions which apply only to workers are the articles dealing with unemployment benefits.

Economically inactive persons

National legislation can not exclude a economically inactive person residing in a Member State other than their Member State of origin, from the right to be affiliated to the public sickness insurance of the host Member State. However the host Member state can require payment of a contribution to prevent those citizens from becoming an unreasonable burden on the public finances of the host Member State (see CJEU Case C-535/19).

The four main principles

Principle of single applicable law

You are covered by the legislation of one country at a time and pay contributions in that country. The decision on which country's legislation applies to you will be made by the social security institutions - You cannot choose.

In general EU citizens are covered by the State of employment or of last employment if they are economically active, while they shall receive benefits by the State of residence if economically inactive.

Workers might also be covered by the country of residence, if working in two or more member states at a time or they are posted. In case of unemployment Insurance also a exception apply for cross-border workers ("frontier workers").

Civil servants are covered by the Member State to which the relevant administration is subject.

Principle of assimilation

You have the same rights and obligations as the nationals of the country where you are covered.

The assimilation principle encompasses equal treatment of benefits, income, facts or events (Article 5).
By "facts or events" is meant circumstances or conditions of legal or factual character, such as e.g. relating to the character of work or employment contract, military service, studies or concerning the civil status, which are relevant for the purpose of the establishment of the right to the benefit or its calculation, or as regards the obligations of the person.

The facts and events have to be trated as if they had taken place in the territory of the Member State whose legislation is applicable.

Principle of aggregation of periods

When you claim a benefit, your previous periods of insurance, work or residence in other Member states are taken into account (if necessary) when deciding if a person meet the countrys requirements for being eligible for a benefit.

Member states can have additional requirement(s) before they will include insurance/work from another member state.
E.g regarding unemployment insurance you must work 296 hours in Denmark, 4 weeks in Finland and 3 months in Belgium before you can use the aggregation princip to get easier access to unemployment benefits in the country.

Principle of exportability

If you are entitled to a cash benefit from one country, you may generally receive it even if you are living in a different country.
There is a exception for unemployment benefit.

How does the coordination works?

For the social security coordination to be able to function there need to be some information exchanged between the authorities in the involved countries.
This have until now been done mostly by the use of paper based documents, however when EESSI is full implemented in all 32 countries (expected december 2024), it will in many situations be possible for the authorities in the two involved countries to exchange the information electronically by so called Structured Electronic Documents (SED).

The Electronic Exchange of Social Security Information system (EESSI) connects electronically around 3,500 social security institutions of the 27 EU Member States plus Iceland, Liechtenstein, Norway and Switzerland and the United Kingdom.

Until the end of the transitional period towards full electric exchange between all Member States, paper versions of the SEDs can be used.

A1 Certificate - determination of legislation

The person involved or her/his employer must apply for a PD A1 document. The A1 form certifies which social security legislation applies to the holder of the form.
A person/employer have to apply for a PD A1 document in the country where he/she reside.

See a guide to PD A1.

PD U1 and PD U2 - used for unemployment benefits

A "PD U1" document is a statement of insurance periods to be taken into account for granting unemployment benefits.
A person should apply to the authorities in the last country where he/she worked.

A "PD U2" document certifies the authorisation to export unemployment benefits if an unemployed person go to another Member State to look for work.

If using EESSI the PD U1 is called SED U002.

Find a Social Security Coordination institution

You can find contact information of public institutions responsible for issuing A1, U1, U2 and others in the different countries at this website from the European Commission.
Start with selecting country and on the following search form use "Predefined Criteria Search" and the Portable document you need (or use other criterias).

This page was last updated on December 20, 2023.

Source: European Commission.