2016年-CEPS欧洲政策研究中心_Brexit_and_Social_Security_in_the_EU_5页_206kb

Brexit and Social Security in the EU: Summary

Core Content

The document discusses the implications of Brexit on social security rights for both British and non-British EU citizens. It outlines the current EU social security coordination system and how the UK's existing policies may conflict with these principles, leading to potential loss of rights post-Brexit.

Main Points

1. Brexit and Free Movement

• The UK government, led by Theresa May, emphasized that "Brexit means Brexit," indicating the end of free movement of non-British EU citizens to the UK for work, self-employment, and residence.
• A soft Brexit implies maintaining access to the EU's internal market with free movement terms, while a hard Brexit would involve no preferential access and a return to WTO regulations.

2. Current EU Social Security Coordination

• The system is based on Regulation 883/2004, which includes four key principles:
  • Single applicable law: Individuals are covered by one member state's legislation.
  • Equal treatment: All EU citizens receive the same treatment regardless of nationality.
  • Aggregation: Contributions and residence periods in multiple states count toward benefits.
  • Exportability: Benefits can be exported to other member states where beneficiaries or family members reside.
• The system covers eight branches of benefits, including sickness, maternity, old-age pensions, unemployment, and family benefits.

3. UK's Social Security Policy

• The UK has historically been restrictive in allowing access to social benefits for third-country nationals and has not exported benefits to British citizens living abroad.
• Third-country nationals in the UK are generally excluded from public funds, except for a limited group such as refugees.

4. The European Health Insurance Card (EHIC)

• The EHIC allows EU citizens to access state-provided healthcare in other EU countries during temporary stays.
• It is not a substitute for private travel insurance and does not cover private health services or repatriation costs.
• The EHIC requires health insurance in the home country and is not available to those without it.

5. Social Security Post-Brexit

• Without a specific agreement, non-British EU citizens will become third-country nationals and lose access to public benefits in the UK.
• The UK may continue to exclude non-British EU citizens from social benefits, including child benefits and in-work benefits.
• Child benefits could be indexed to the child's residence, potentially leading to lower payments for children in Central and Eastern Europe.
• In-work benefits like the working tax credit may be limited to four years for new EU workers, with a seven-year maximum for exclusion from such benefits.
• Unemployment benefits and state pensions are not exported outside the EU, and UK state pensions are not index-linked for those living abroad.

6. Key Challenges

• The UK's social security rules contravene the EU's principles of equal treatment and exportability.
• The absence of aggregation means that contributions made in other countries do not count toward UK benefits.
• The EHIC system may no longer apply to UK citizens visiting EU member states, requiring them to purchase private insurance.

Key Information

• The EU social security system is designed to protect the rights of citizens exercising free movement rights.
• The UK's approach is more restrictive and discriminatory, particularly toward non-British EU citizens and third-country nationals.
• Post-Brexit, non-British EU citizens may lose access to social benefits unless a specific agreement is reached.
• The Council Conclusions of 19 February 2016 outline a limited compromise, allowing for some changes to benefit export rules but not full equal treatment.
• The EHIC system may be affected, with UK citizens potentially needing private insurance for healthcare in the EU and vice versa.

Conclusion

A hard Brexit could lead to a significant reduction in social security rights for both British and non-British EU citizens. The UK's current restrictive policies may not be compatible with EU rules, and without a negotiated agreement, many EU citizens could face loss of benefits, limited healthcare access, and discriminatory treatment. The EU system, while complex, is built on principles of equality and mobility, which the UK's approach appears to undermine.