New EU Regulations came into effect from Saturday, 1st May 2010 which simplify existing EU legislation and reflect judgements in relation to social security matters handed down over the years by the European Court of Justice.
A significant and practical effect of regulations 883/2004 and 987/2009 is the replacement of the existing system of paper based E-forms with electronic exchange of data. This will be put in place at EU level and in the Member States over the next two years and will result in a more efficient and speedy service for EU citizens.
The EU Guidelines on
'www.welfare.ie' have been revised to take account of the new regulations.
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Note for Editors
Some other changes covered by the new Regulations:
- There is a specific provision stipulating cross border recognition of facts or events which means that facts or events occurring in a Member State must be taken into account by another Member State as though they had taken place in its own territory. This provision was inserted to reflect the case-law of the European Court of Justice.
- When Jobseeker's Benefit is being exported, payments will now be made directly to the person concerned rather than through the institutions of the State in which they are seeking work. People will, of course, be required to register with the employment services of the State in they are seeking work.
- Workers can be "temporarily posted" to another EU country by their employer for a period of up to 12 months and still remain attached to the social security system of the country in which they normally reside. This period is extended to 2 years under the new regulations.
- There are new rules for determining the country to which a person pays social insurance when they work in more than one country. In addition, such a person must now apply to the state of residence (rather than the competent state), and it is the state of residence who will take a decision. However, under transitional arrangements, where there has been no change of circumstances, a Member State who issued an "E101" form under the old regulations may renew it.
- New provisions have been included which require Member States to assist other Member States in recovering overpayments.