Pursuant to the provisions included in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, the law in force in the European Union, including the laws on the coordination of social security systems, shall apply to EU citizens, the citizens of Great Britain as well as other persons (family members, survivors, third-country nationals) who will continue to remain in a situation relating both to the Member State and the United Kingdom.

What does it mean in practice? If a family member who has begun to remain in the territory of Great Britain prior to the laps of the transition period, i.e. on 31st December 2020 and continues to remain there, and the other family members reside in the territory of the Republic of Poland, the provisions on the coordination of social security system shall apply to family benefits and parental benefits (“500+” benefit).

Caution! The applicant is obliged to inform the authority governing the proceeding related to the family benefits and the parental benefits on all the changes having potential influence on the right to the benefits – also in the case when the proceeding has been concluded and the benefits are already paid out. Such important change also includes the return to the country of origin following the termination of employment in the United Kingdom.

Real examples

Example 1: The wife of a Polish national, who lived and worked in Great Britain after the end of the transition period (31st December 2020) and who remains under unchanged circumstances, files an application for the “500+” benefit for her child in February of 2021.

The regulations governing the coordination of social security systems shall apply to the submitted application, therefore the final judgment shall be issued by a voivode based on EU regulations.

Example 2: In January of 2021, a beneficiary of the “500+” programme, whose husband worked in Great Britain files a declaration that her husband returned to Poland on 10th January 2021 and that he does not receive British unemployment benefit. When filing new “500+” application in March of 2021, the applicant declares that her husband has taken up employment again since 27th February in Great Britain.

The new application will not be subject to the regulations on the coordination of social protection systems, due to the fact that the period mentioned in the withdrawal agreement has been interrupted; therefore, the application will be handled by an office of the municipality where it was filed, based on national regulations.