Notice : the following information regards only the nationals from the European Union or the European Economic Space.
-- > Are you posted / stationed ?
As far as family allowances are concerned, the wage-earner posted and the one sent on a temporary mission by his/her employer to another member State for a foreseeable period of 12 months. He/she will be affiliated to the social security regime of the origin country if the employer issues him/her an E 101 form.
You will remain affiliated to the competent institution of the origin country: you will not have to register at the State of activity.
To prove your affiliation, your employer or yourself for want (should you have no employer) will have to request a posting certificate to the competent institution of the origin country (E 101 form “Certificate relating applicable legislation”).
The competent institution shall be :
You will continue to benefit from the family allowances of your country of origin, if your family accompanies you, but for the non-exportable compensations (see definition following). France also grants the stationed wage-earner accompanied by his/her family, compensations for each infant of less than three months.
Note : Should you be stationed from Luxembourg and you stay declared at Luxembourg (keeping residence), you will benefit from the non-exportable compensations (see descriptions following), even if your family accompanies.
~ Your family resides with you at your employment Sate
You are insured in your employment State and you benefit from the family allowances of this state as if you were national.
~ Your family resides in another State different to your employment State.
You benefit from the family allocations foreseen by your employment State under certain conditions.
You have to fill in an E 401 form (“statement regarding the family composition”) issued by the competent Insurance Fund from the country of employment and renewable each year.
The Fund can at times ask for complementary forms :
• An E 402 or E 403 form (statement of continuation of studies or learning), renewable every quarter.
• An E 404 form (medical certificate), renewable once a year.
• An E 407 form (statement of the employment or unemployment periods).
Family allowances that you may perceive
You are entitled to the set of benefits, in kind and in cash, destined to compensate the family charges by virtue of the employment State.
Nevertheless, certain benefits are non-exportable as they are dependent on residence conditions. Therefore, they can not be attributed to your family members residing a member State other than your employment country.
Thus, the following benefits are non-exportable :
The payment of family allowances is first and foremost assured by your employment State.
Certain allowances are nevertheless paid by your residence State :
The replacement revenues of your spouse (unemployment allowances, sick pay…) are compared to those of a professional activity. You will benefit first and foremost, family allowances from your State of residence.
However, if the amount of the allowances granted by your country of employment is higher than those paid by your residence State, your employment country will pay a complement corresponding to the difference between both amounts.
Wether you are a cross-border worker or not, you will benefit from family allowances from the competent country for the payment of your unemployment benefits.
• You perceive a pension according the legislation of a single State : it is this country the competent one to pay the family allowances and your country of residence no matter which one it is.
• You perceive a pension according to the legislation of different States : your country of residence is competent to grant the benefits but on the condition that the right to pension is open.
If the amount of the pensions granted by your country of residence is inferior to the one given by other States debiting pensions, you have the right to get the highest amount. You benefit then from a complement until you get the final amount.
Should you not have right to allowances nor in the country with the legislation you have been under during the longest period, nor in your State of residence, the opening conditions for your right to family allowances will be examined in digressive order of the duration of the insurance or residence periods accomplished under the legislation of the other member States.
The allowances will depend on the State paying them.
The claim shall be addressed to the competent institution or to the institution of the State of residence which will transmit to the institution of the State where you have paid most of the contributions.
Annabelle Daniau, Juriste, CRD EURES Lorraine
For more information, please contact the two resources centres in the Grande Région.
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