In order to ensure the highest quality of our services, we use small files called cookies. When using our website, the cookie files are downloaded onto your device. You can change the settings of your browser at any time. In addition, your use of our website is tantamount to your consent to the processing of your personal data provided by electronic means.

Back

Social security benefits

The Act of 15 March 2019 regulating certain matters in connection with the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without concluding an agreement referred to in Article 50(2) of the Treaty on European Union (Dz. U. of 2 April 2019, item 622) contains comprehensive regulations in the event of non-contractual withdrawal of the United Kingdom from the European Union (EU) in respect of citizens' rights, including the regulations for awarding and issuing social security benefits, including periods of employment and residence in the United Kingdom.

The Act covers the following social security benefits:

  1. retirement pensions,
  2. invalidity pension,
  3. survivor’s pensions,
  4. sickness and maternity benefits,
  5. funeral allowances.

In this respect, the Act applies to the following persons, regardless of their nationality:

  1. persons who were covered by the Polish legislation, i.e.
    1. were covered by social insurance in Poland or
    2. were covered by social insurance for farmers in Poland or
    3. were covered by the Polish supply systems provided for in the Acts,
      referred to in Article 24(5) to (8) of the Act; and
  2. if these persons were covered by social security in the United Kingdom before the Act enters into force, or were residing in the United Kingdom on the day before the Act enters into continue to reside there.

The provisions of the Act shall apply accordingly to other persons if they derive their rights from the persons referred to above (e.g. their family members).

With regards to social security benefits, the Act guarantees:

  • equal treatment (regardless of nationality),
  • aggregation of insurance periods, employment, self-employment or residence,

The aggregation shall be based on periods completed under any other EU Member State and periods completed under United Kingdom legislation, however it must be noted that the case of the United Kingdom, the periods shall be counted up to the date when the Act enters into force. According to the Act, the principle of aggregation of periods shall apply to pensions, disability and survivors' pensions (except for pensions under special systems for the so-called uniformed services, judges and prosecutors),
as well as sickness and maternity benefits.

Periods of insurance completed under United Kingdom legislation shall be taken into account by the Polish pension authority on the basis of a certificate or document issued by a competent British institution and forwarded to the Polish pension authority by the claimant.

  • Benefits acquired under United Kingdom legislation, income earned in the United Kingdom and facts or events which have occurred in the United Kingdom shall be treated equally as if they had occurred in Poland, and
  • the benefits shall be transferred to beneficiaries residing in the United Kingdom.

The benefit may be transferred to a bank account in the United Kingdom per request of the person eligible for the benefit.

In accordance with Article 63 of the Act, it shall enter into force on the day on which the United Kingdom withdraws from the
European Union without concluding the agreement referred to in the second sentence of Article 50(2) of the Treaty on European Union.

 

{"register":{"columns":[]}}