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UK subjects having to be treat as UK residents when moving to an EU country


idun
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I keep reading, on here, that UK subjects who move to an EU country have to be treat the same as UK residents, more or less.

 

I would like to know where this is actually written down offically if anyone knows, I would be grateful. I have tried to find the texte, but have been unsuccessful.

 

IF it is an EU rule, then I would have thought that it worked both ways and that the french government had to behave in the same fashion for french subjects living in another EU country.

 

 

 

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It is probably me being a bit thick but can you give an example iof what you mean?

One thing I can think of is Winter Fuel Allowance which the EU court has said must be made available to expats abroad in the same way as it is in the UK. http://www.express.co.uk/posts/view/341718/European-rules-mean-pensioners-lose-out-to-expats-on-winter-fuel-allowance There are loads of reports on this, the Express was at the top of the list.

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I was thinking of all these allowances ie winter fuel, and the various disability allowances.... probably not the right term, but benefit payments certainly made by the UK government to people who have moved to other EU countries. Where people on here have fought to get them and certainly not depended on being treat as the locals have. Well that is how I have always read it.

I have been looking for the official paperwork about this sort of thing as it cannot only be the UK government who has to adhere by any rules that exist.

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OK, the question about winter fuel allowances was first bought up by Labour MEP Peter Skinner in 2003 and the link below shows a copy from which you can trace back to the original EU legislation.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:92003E1925:EN:HTML

As you can see this ruling is nothing new. I would like to add that I am only using this subject as a demonstration as to how it works.

Basically this is not legislation aimed at the UK or any one particular individual member state (country) it is EU wide and all member states must abide by it. So in answer to your question, and within legal limits, yes it applies to France as well as any other EU member state.

Perhaps the following link and its search options may help you find whatever legislation you are specifically looking for.

http://eur-lex.europa.eu/en/index.htm

The type of search option is over in the top left quarter of the page.

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I think you have rather twisted the perception.

Certain benefits are exportable, whether one was a French, German,Spanish or UK resident prior to moving to another EU country.

It is all written into the EU Social Security legislation.

For instance unemployment benefit would be payable at the French rate to a French resident going to the UK to find work

http://europa.eu/youreurope/citizens/work/job-search/transferring-unemployment-benefits/index_en.htm

In relation to Social security and health benefits

The four main principles

You are covered by the legislation of one country at a time so you only pay contributions in one country. The decision on which country's legislation applies to you will be made by the social security institutions. You cannot choose.

>> Find out which rules apply to you

You have the same rights and obligations as the nationals of the country where you are covered. This is known as the principle of equal treatment or non-discrimination.

When you claim a benefit, your previous periods of insurance, work or residence in other countries are taken into account if necessary.

If you are entitled to a cash benefit from one country, you may generally receive it even if you are living in a different country. This is known as the principle of exportability.

From

http://ec.europa.eu/social/main.jsp?catId=850&langId=en
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[quote user="idun"]Thankyou Quillan. That is what I was after. I had been on the EU site and felt like I was chasing my tail, as I really was going round in circles and unable to find what I wanted to know.[/quote]

This does NOT surprise me - I used to hate  having to search it in my professional life as I could NEVER find anything easily - and I was trained to find information - it being my job  !!!!!

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