ČESKÁ SPRÁVA SOCIÁLNÍHO ZABEZPEČENÍ

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU: till end of 2020


The Agreement between the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK) on the withdrawal of the UK from the EU (Withdrawal Agreement) enters into force on 1 February 2020. Therefore, the UK ceases to be a member of the EU on 31 January 2020.

The withdrawal agreement establishes a transitional period which runs until 31 December 2020. During this period, issues concerning social security will continue to be handled the same as until now. This means that, in the area of social security benefits (sickness and pension insurance), the scope of entitlements and the way in which they are exercised do not change until 31 December 2020. Regulations (EC) No 883/2004 and No 987/2009 of the European Parliament and of the Council continue to apply.

 

Pension insurance

For pension entitlements established under Czech legislation until the end of the transitional period, i.e. until 31 December 2020, periods of insurance gained in the UK before 1 January 2021 are assessed under the same conditions as periods of insurance gained in other Member States applying EU coordination rules.

 

Applicable legislation:

Until the end of the transitional period (31 December 2020), current procedures for assessing applicable legislation with respect to the UK remain in force.

 

From 1 February 2020, forms certifying which legislation is applicable (A1, eventually E101) will continue to be accepted without changes:

  • Form A1 UK (or E101 UK) issued by a British institution for persons pursuing activities in the Czech Republic;
  • Form A1 CZ (or E101 CZ) issued by Czech institutions for persons pursuing activities in the UK;
  • Forms issued by institutions of other Member States (e.g. France) to British citizens.

 

Example 1:

On 2 December 2019, an A1 CZ form was issued in accordance with Article 12(1) of Regulation No 883/2004 due to the posting of an employee by an employer based in the Czech Republic for the temporary performance of activities in the UK, for the period from 1 December 2019 to 30 November 2021.

Solution: There shall be no change from 1 February 2020 and the A1 CZ form shall still be valid.

Example 2:

On 1 April 2020, an application will be submitted for the A1 CZ form due to the simultaneous performance of employee activity in the Czech Republic and UK between 2 February 2020 and 31 January 2022.

Solution: If the conditions are met, the DSSA shall issue an A1 CZ form for the period from 2 February 2020 to 31 January 2022 inclusive.

Example 3:

On 2 December 2019 CSSA issued, in agreement with the Health Insurance Bureau, an exemption is granted, upon request a British institution, from the applicability of Czech legislation in accordance with Article 16 of Regulation No 883/2004 for an employee of a British employer, who is temporarily pursing an activity in the Czech Republic from 1 November 2019 to 30 September 2022. Based on the agreement of the CSSA, the British institution issued an A1 UK form in accordance with Article 16 of Regulation No 883/2004.

Solution: There shall be no change from 1 February 2020 and the A1 UK form shall still be valid.

 

During the transitional period, a treaty on the future relationship between the EU and the United Kingdom should be negotiated. As the Ministry of Labour and Social Affairs of the Czech Republic states in its press release, it would be appropriate for the treaty to include provisions regulating the protection of social entitlement of future migrants between the United Kingdom and EU Member States. However, the content of such a treaty cannot be currently anticipated.

Czech citizens wishing to continue living in the UK after 30 June 2021 shall register in the “EU Settlement Scheme”. If their application is granted, they will receive “settlement status” or “provisional settlement status”. More information here[ŠP(01] .

Furthermore, we would like to advise on information on https://www.cssz.cz/web/en/brexit-withdrawal-of-the-united-kingdom-from-the-eu-and-its-impact-on-social-security-of-moving-people.