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With the aim of improving and developing the established coordination, to make it more simple, and
to take into account the differences between national legislations on social security,
a system of coordination was created among the different social protection schemes, allowing
workers the maintenance and transfer of rights acquired in other Member States.
The national laws, on their own,
cannot answer all the questions related to the transfer of social security rights. Many workers take the risk of being considered insured in two countries or in none at all, possibly
leading to the loss of some of the acquired rights. For this reason European dispositions were necessary to assure an effective and full protection.
The following persons who are nationals of a Member State of the European Union or of the European Economic Area are protected by the Community provisions:
- employed and self-employed persons who are or were insured under the legislation of one of these
States
- civil servants
- students
- pensioners, even if they had already become pensioners before their country joined the European Union or the European Economic
Area
- members of the families and survivors of the above mentioned persons, regardless of their nationality. As a rule, the status of family members is defined in the legislation of the State of
residence
All the persons who do not belong to one of the categories above mentioned are not protected by the Community provisions, in particular:
- persons who are not or are no longer covered by a national general social security scheme, or are not or are no longer considered as members of the family of an employed or self-employed person, or a pensioner (non-active persons);
- third-country nationals, i.e. nationals of States not belonging to the European Union or the European Economic Area.
The Community provisions on social security apply to the maintenance and transfer of rights
regarding:
- sickness and maternity
- accidents at work
- occupational diseases
- invalidity benefits
- old-age pensions
- survivors' benefits
- death grants
- unemployment benefits
- family benefits
The Community provisions do not apply, however, to the following areas:
- social and medical assistance: these are benefits which are normally assigned considering the incomes and are not linked to one of the categories mentioned
above
- benefits granted to victims of war or its consequences
- benefits under existing early retirement schemes, to which other Community provisions may
apply
Useful references:
- Council Regulation (EEC) nș 1408/71, 14th of June
Source: European Union © European Communities, 1995-2006 Reproduction is authorised.
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