Brexit

EU allocation rules remain applicable for 12 months after no-deal Brexit

Arthur Gude Arthur Gude

In case of a no-deal Brexit the allocation rules of the EU regulation 883/04 will remain applicable for 12 more months in the relation between the Netherlands and the United Kingdom.

Technical bilateral discussions with the United Kingdom have taken place at an official level. The result is that both countries implement national legislation in order to avoid for a limited period (one year after a no-deal Brexit) that in cross-border situations between the Netherlands and the United Kingdom there will be double insurance or no insurance. This cannot be achieved through the inclusion of a designated rule in national legislation, since it is impossible to determine under national law that a person is subject to the legislation of another country.

It is, however, possible to implement legislation in both countries which aims to determine the circle of insured persons of the social security laws in such a way that the insurance position on this basis is the same as that would apply if the United Kingdom had not resigned and European regulations regarding social security would remain applicable. The attached decree regulates this for the Netherlands. The objective as described will only be achieved if the United Kingdom will implement national legislation with the same scope. This is therefore a condition for the adoption and entry into force of this decree.

For more info (in Dutch) - Decree of 28 October 2019 amending social security laws with regard to the regulation of transitional law for the declaration of the legal legislation relating to the withdrawal of the United Kingdom from the European Union without agreement on the conditions for this withdrawal (no Brexit deal).

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