The Coordination of Social Security Systems After Brexit - Dispositions Applicable From 1 January 2021 and Potential Legislative Changes
The Coordination of Social Security Systems After Brexit - Dispositions Applicable From 1 January 2021 and Potential Legislative Changes

Summary/Abstract: The European Union”s secondary law includes several regulations and dispositions concerning the social security rights enjoyed by nationals of the EU Member States, nationals of Iceland, Norway, and Liechtenstein (as states which are part of the European Economic Area), Switzerland, stateless persons, and refugees who reside in one of these states, as well as citizens from third-party states, if they legally reside on the EU”s territory and have exercised their freedom of movement. As a consequence of the United Kingdom”s withdrawal from the EU, it has become necessary to clarify the legal status and social security rights that individuals falling into one of the aforementioned categories enjoy, whether they be British citizens whose contributions have been paid in an EU Member State, or citizens of an EU Member State whose contributions have been paid in the UK. The Withdrawal Agreement concluded between the United Kingdom and the European Union covers the cross-border situations in existence at the end of the transition period, which concluded on 31 December 2020. The Trade and Cooperation Agreement between the EU, Euratom, and the UK, which was signed on 30 December 2020, contains provisions regarding the coordination of social security systems between the parties to the Trade and Cooperation Agreement, largely borrowing from the existing EU legislation on the matter, but also diverging from it in some aspects. This article will analyse the relevant provisions of the Withdrawal Agreement, those of the Trade and Cooperation Agreement, as well as potential legislative changes concerning the coordination of social security systems.

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