mcel_master_working_paper_20182_hiry.pdf
(842.02 kB, PDF)
… benefits, invalidity benefits, or old-age benefits.2 For all of these branches the benefits granted therein are governed by different coordinating rules. The classification of national social security benefits into one of these categories, therefore, leads to the application of certain coordinating rules. The distinction between these branches might be relatively clear in respect of traditional social security risks such as sickness, to the extent that those traditional benefits are ‘similarly … As regards the territorial scope, the Regulation 883/2004 applies irrespective of whether the EU national resides in the territory of a member state, as long as he is or has been subject to the legislation of a member state. 31 This could be the case, when the employer is also established outside the territory of the EU and sends his employee outside European territory for a certain time.32 Lastly, it should be mentioned that as a general principle of EU law, there needs to be a cross-border element … to social security. The distinction between a benefit of social security and one of social assistance is hence crucial, since the latter does not fall within the scope of the regulation.34 The so-called saga of special non-contributory benefits best illustrates this rather problematic distinction. Special non-contributory benefits (SNCBs) are benefits which are somewhere between social security and social assistance. Social security benefits have been defined as those which are ‘granted, …