International Relations Unit
Mission Statement
“To
be of valuable service to our customers by co-ordinating
international social security regulations and conventions
efficiently and effectively” We are committed to facilitate the coordination of: (a) social security regulations in the European Union and the European Economic
Area (b)
bilateral conventions Malta has with other contracting states, and other
conventions
it may have with any other future contracting states in a courteous and timely manner by maintaining efficient networking with
the relevant social security institutions, while maintaining our commitment
towards
our customers. Co-ordinating social security schemes in the EU EU social security regulations People and matters covered by the EU regulations Old
age (retirement) and Widows' benefits IRU Information Leaflet (Maltese) IRU Information Leaflet (English) EU Practical Guide for the Posting of Workers Bilateral
Conventions on Social Security How to lodge a claim for these benefits? What to do if proceeding abroad? Co-ordinating social security schemes in the EU One of the major principles within the European Union (EU) is the right to
freedom of movement enjoyed by workers, pensioners and their families. As such
the EU has regulations aimed at coordinating social security systems in all
member states. The aim of these regulations is to safeguard social security
rights of EU citizens when moving from one member state to another, not by
harmonizing social security systems, but by coordinating them. In theory and in practice, EU citizens moving from one member state to another,
shall not lose any of their social security rights earned when staying in
one member state. Although this is simple in principle, given the fact that
social security systems in all EU member states differ substantially from one
another, the coordinating instruments are quite complex to manage. The
Department of Social Security has expertise in this field on a bilateral
level, gained
from years of coordinating four bilateral agreements currently in force with
Australia, Canada, United Kingdom and The Netherlands. As from 1st May 2004,
the Department of Social Security, through the International Relations Unit
is responsible for the implementation of the EU social security
regulations which are much more comprehensive in the social security issues
they cover
than the mentioned bilateral agreements. EU social security regulations The operation of social security schemes in EU Member States,
including Malta following accession, is co-ordinated by Council Regulation
(EC) 1408/71 & 574/72 (Reg. 574/72 contains detailed rules for implementing
Reg. 1408/71). The aim of the regulations is to protect the acquired social
security rights of those moving within the EU. The regulations contain detailed
rules which co-ordinate rights granted under the different national social
security regimes. Also, these regulations aim to ensure that those covered
do not experience any disadvantages in relation to social security cover, including
health care, when they move within the Union. The regulations are based on 4 main principles: Discrimination on grounds of nationality is prohibited. Member States must
not discriminate against the nationals of other Member States (the "equality
of treatment" principle); Each eligible person should be covered by a social security system, but should
not contribute to more than one for the same coverage (the "applicable
legislation" principle). The regulations provide detailed instructions
to determine which states legislation applies; Entitlement accumulated in one Member State should be recognized when calculating
benefit entitlement in another (the "aggregation" principle). The
regulations allow for relevant periods of insurance, employment and residence
in any Member State to be taken into account (i.e. aggregated) to help people
obtain certain benefits in another Member State; Benefits are payable outside the national territory (the "export" principle).
Member States have an unconditional obligation to export pensions to any other
Member State. These
principles imply the exchange of information between social security institutions.
An effective and coherent co-ordination system
of social security
schemes between Member States is therefore essential in order to achieve
the
objectives of the regulations. This is the resposibility of the International
Relations Unit. This
unit acts as the liaison body between the competent units within the Department
handling claims under the EU regulations and our counterparts
in all the other Member States. It is also supervises and monitors the
implementation process, while disseminating information to the general
public about various
related issues. People and matters covered by the EU regulations The
regulations apply to employed or self-employed people and pensioners who
are EU nationals (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary Ireland, Italy, Latvia, Lithuania,
Luxembourg,
Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, and the
United Kingdom), EFTA nationals (Norway, Island, and Liechtenstein) and Swiss
nationals (or nationals of other countries who are legally resident in two
or more EU Member States after 31 May 2003) and also
to members of their families. They apply to both contributory and, to a lesser
extent, non-contributory social security benefits covering sickness and maternity,
invalidity, old-age (retirement) and widowhood, accidents at work and occupational
diseases, unemployment and children. The regulations do not cover Social and
Medical Assistance. The provisions concerning social security benefits covered by Council Regulation
(EC) 1408/71 are found in the 8 chapters it contains. The benefits paid by
the Department of Social Security in Malta thus can be classified as follows: CHAPTER 1 - SICKNESS AND MATERNITY CHAPTER 2 - INVALIDITY BENEFITS CHAPTER 3 - OLD AGE AND DEATH (PENSIONS) CHAPTER 4 - ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES CHAPTER 5 - DEATH GRANTS CHAPTER 6 - UNEMPLOYMENT CHAPTER 7 - FAMILY BENEFITS AND FAMILY ALLOWANCES FOR EMPLOYED AND UNEMPLOYED PERSONS CHAPTER 8 - BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS The general principle is that a worker should be subject to
the legislation of only one Member State at any one time. Workers are generally
subject to the legislation of the state in which they are working, regardless
of their place of residence or the location of the employer. However, persons
employed in more than one state are subject to the legislation of their state
of residence. If the worker does not reside in any of the states of employment,
then the legislation of the state where the employer is situated applies. Furthermore,
persons simultaneously employed and self-employed in two or more Member States
will generally be subject to the legislation of the state of employment. Special
arrangements exist to provide for employees temporarily posted by their employer
to work in another Member State. If the anticipated duration of the
posting does not exceed 12 months and the employee is not replacing someone
whose tour of duty has ended, the worker may remain insured in their "home" state's
scheme. If the work unexpectedly lasts longer than 12 months, the employee
may remain under the first state's scheme for a further 12 months, with the
agreement of the other state. Old
age (retirement) and Widows' benefits Liability for the payment of old age and widows' benefits
is generally apportioned between Member States on a pro-rata basis. Each state
pays a rate of benefit which reflects the length of the claimant's insurance
in their scheme. This applies anywhere in the EU, EFTA, and Switzerland. In
this context a person who has lived and worked for more than 1 year in two
or more of the above-mentioned states will be paid a pension proportional to
the periods spent in these states. So, if for instance a person worked 20 years
in Malta, 15 years in Italy and 5 years in the United Kingdom (total 40 years).
This person should get a pension of not less than 20/40 years of the theoretical
amount from Malta, 15/40 from Italy and 5/40 from the U.K. All these states
will work out the full theoretical rate of pension as if the person worked
the whole
40 years there. The
regulations contain two methods of apportioning responsibility between Member
States for the payment of invalidity benefits; in Malta's case,
responsibility is apportioned on a pro-rata basis - this occurs where the rate
of benefit is determined by the length of the periods of insurance. Each state
pays a rate of benefit which reflects the length of the claimant's insurance
under their scheme. Benefits will be payable anywhere in the EU, EFTA, and
Switzerland. A pro-rata Invalidity Pension is paid according to the same general
Proportionality rule applied for the Old-Age and Survivor’s Pensions. The Regulation contains special rules on Sickness and Maternity
Benefits for workers, unemployed persons, pensioners and members of their families
residing or staying abroad. These rules distinguish between Sickness Benefits
in cash and Sickness Benefits in kind (emergency medical care). The granting
of such benefits may require the aggregation of insurance periods completed
in other Member States. This is a guarantee that one will not lose the sickness
insurance coverage when changing employment and moving to another State in
the EU. As a general rule, Sickness Benefits in cash are always paid according to
the legislation where a person is insured, regardless in which country
one is residing
or staying, while Sickness Benefit in kind (emergency medical care) are provided
according to the legislation of the country where one is residing or temporarily
staying as if the person was insured in that country. For more information
on the provision of Sickness Benefits in kind, please contact the Entitlement
Unit within the Health Division on Tel: 21224071 Benefits
for work-related injuries or diseases are the responsibility of the state
in which the claimant is employed at the time of the accident
or disease. More complex rules cover the determination of liability of benefits
for occupational diseases. The
state of last employment is generally responsible for providing unemployment
benefits, unless, exceptionally, the claimant resided
in one state whilst working in another. In these cases the state of residence
is liable. The Member State responsible for payment of benefit aggregates insurance
periods completed in other Member States provided that, the person was employed
between the date of arrival in that State and the date of first registration
for work. Payment of benefit can continue for
up to three months when a person goes to another state to seek work. Child benefits for workers' families are generally provided
by the state of employment, even if the family live in another Member State.
If entitlement would otherwise arise in more than one Member State, the regulations
contain priority rules to determine who has primary responsibility for paying.
If the effect of these priority rules puts a lower rate of benefit into payment,
the state with the higher rate must pay a supplement to make up the difference. How to lodge a claim for these
benefits? Except
for Sickness Benefit in kind, claims for all other benefits listed above,
are to be lodged through the Department’s 24 District Offices situated
in Malta and Gozo. A list of these offices can be found by clicking here. Or
else if you are applying for a pension (either under the EU Social Security
regulations by means of the relevant E-forms, or under the Malta-Australia
/ Malta-Canada bilateral agreements) or your employer is temporarily posting
you in another
EU Member State, you may wish to download the relevant application forms by
clicking the following links: What to do if proceeding abroad? Whether you
are going abroad for work or for a temporary stay in one of the EU Member
States, EFTA states and Switzerland, you must notify the Entitlement
Unit within the Health Division prior to your departure. If you are going
to work in one of these States, you must also notify, apart from the Entitlement
Unit within the Health Division: · The Department of Social Security If you are going to work abroad but outside the above-mentioned States, you
do not need to notify the Entitlement Unit within the Health Division but you
must still notify the other Departments prior to your departure. Queries
or requests for more detailed information on these issues may be addressed
to the International Relations Unit, Department of Social Security,
38, Ordnance Street, Valletta CMR 02. The Unit can also be contacted on tel:
2590 3267, fax: 2590 3282, or on email: iru.dss@gov.mt Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self employed persons and to members of their families moving within the Community (8) (9) (10) (11) - http://europa.eu.int/eur-lex/en/consleg/pdf/1971/en_1971R1408_do_001.pdf Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self employed persons, to self-employed persons and to their families moving within the Community - http://europa.eu.int/eur-lex/en/consleg/pdf/1972/en_1972R0574_do_001.pdf Home page of the European Union - http://europa.eu.int Home page of the European Commission - http://europa.eu.int/comm Home page of the Directorate General (Employment and Social Affairs) of the
European Commission - http://europa.eu.int/comm/employment_social/index_en.html Organisational Chart of the DG (Employment and Social Affairs) of the European
Commission - http://europa.eu.int/comm/dgs/employment_social/staffgui/org_en.pdf Coordination of social security schemes in the European Union - http://europa.eu.int/comm/employment_social/soc-prot/schemes/index_en.htm Social Protection in the EU Member States and the European Economic Area -
http://europa.eu.int/comm/employment_social/missoc/index_en.html Home page of Centrelink, the government agency which is responsible for social
security benefits in Australia - http://www.centrelink.gov.au Home page of Social Development Canada, the government department which is
responsible for social security in Canada - http://www.sdc.gc.ca/en/home.shtml Home page of The Pension Service, the government department which is responsible
for social security for overseas persons in the UK - http://www.thepensionservice.gov.uk Home page of the Sociale Verzekeringsbank, the government department which
is responsible for social security in The Netherlands - http://www.svb.nl/uk/index.jsp |
