social security - FOD Sociale Zekerheid
social security - FOD Sociale Zekerheid
social security - FOD Sociale Zekerheid
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B - 5 Rules applicableThe international agreements also lay down- the rules that determine the <strong>social</strong> <strong>security</strong> legislation which is applicable and when;- the conditions for granting benefits;- the rules which prohibit receiving concurrent benefits of the same kind in differentcountries.C. The European Union (EU) – the European Economic Area (EEA) -SwitzerlandIn view of their importance, we will take the example of the EU, the EEA and Switzerland.The international <strong>social</strong> <strong>security</strong> agreements applied in the EU, the EEA and Switzerland are:- Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April2004 on the coordination of <strong>social</strong> <strong>security</strong> systems;- Regulation (EC) No 987/2009 of the European Parliament and of the Council of16 September 2009 laying down the procedure for implementing Regulation (EC) No883/2004 on the coordination of <strong>social</strong> <strong>security</strong> systems.These Regulations apply to the territories of :Germany, Austria, Belgium, Bulgaria, Denmark, Cyprus, Spain, Estonia, France, Finland, Greece,Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,the Czech Republic, the United Kingdom, Romania, Slovakia, Slovenia and Sweden.These European Regulations apply to all persons who are subject to the <strong>social</strong> <strong>security</strong> scheme ofone of these countries and who are in a cross-boarder situation within the EU, as well as to theirfamily members and their survivors. Only Denmark requires that the person concerned has thenationality of an EU member state.For the other EEA countries (Iceland, Liechtenstein and Norway), as well as for Switzerland, similarrules apply. These rules only apply to subjects of the EU, the EEA and Switzerland.C - 1. Which <strong>social</strong> <strong>security</strong> legislation is applicable ?- General rule :You will be subject to the <strong>social</strong> <strong>security</strong> legislation of the country in which you work,even if you reside in another contracting country or if your employer or the registeredoffice of your company is located on the territory of another contracting country. Ifyou work in several countries, specific rules are applicable (in order to obtain furtherinformation, get in touch with, according to the case, the NOSS, the NISSE, the NOSSPLA– cf. chapter “Useful addresses and telephone numbers”).- Exception :The posting concerns the worker who temporarily pursues his activity in anothercountry than the one where he usually works. During the posting period an undercertain conditions, the worker will keep on being subject to the <strong>social</strong> <strong>security</strong> legislationof the country where he usually works68