WRITTEN QUESTION No. 3489/97 by Richard HOWITT to the Commission. Mismatch in entitlement to incapacity social security benefits between the UK and Spain
Date: 1997-11-03
Institutions: European Parliament, HOWITT
Subjects: Community migration, EU national, European Commission, Spain, United Kingdom, application of EU law, disability insurance, exchange of information, migrant worker, social security

C 158/128

EN

Official Journal of the European Communities

25. 5. 98

(98/C 158/167)

WRITTEN QUESTION E-3489/97

by Richard Howitt (PSE) to the Commission

(3 November 1997)

Subject: Mismatch in entitlement to incapacity social security benefits between the UK and Spain

Can the Commission advise on the principles arising from the case of my constituent, Mr Thomas Hawking, who
moved from the UK to Spain in 1995 before becoming incapacitated by serious illness in 1996?

The  Commission  should  note  that  he  made  continuos  social  security  contributions  in  Spain,  but  was  denied
benefit because two years of contributions were insufficient and also that his move made him ineligible to claim
benefit back in Britain because his previous full contributions there had ceased at the time of his move, leaving
him less than two full years of entitlement there.

Does the Commission agree that this is patently unfair? Does it plan to bring forward proposals to end such
anomalies on behalf of citizens exercising their right of free movement in the European Union? In the meantime,
what mechanisms exist in the Commission or in the Member States to allow personal review of such cases?

Answer given by Mr Flynn on behalf of the Commission

(25 November 1997)

The Honourable Member raises a question of entitlement to an invalidity pension for a migrant worker.

Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and
their families working within the Community (1) provides detailed rules on invalidity. In particular, a person who
was insured in a Member State where the amount of pension is independent of the length of insurance periods
should get a pension from the Member State where he was insured at the moment when he became an invalid.
The institution of that Member State should determine whether the person concerned satisfies the conditions for
entitlement to benefits, taking into account, where necessary, periods of insurance which have been completed
under the legislation of any other Member State (Article 38). The only condition is that the person was insured at
least one year in the Member State where the pension is claimed.

However,  the  information  given  by  the  Honourable  Member  is  too  general  to  enable  the  Commission  to
determine  whether,  in  this  particular  case,  Community  law  has  been  respected.  Therefore,  the  Commission
would invite the Honourable Member to submit more details of the case, so that the Commission may examine
them in the light of Community law.

(1)  An up-dated version of this Regulation has been approved by Council Rgulation (EC) No 118/97 of 2.12.1996 › OJ L 28, 30.1.1997.

(98/C 158/168)

WRITTEN QUESTION P-3492/97

by Hugh McMahon (PSE) to the Commission

(29 October 1997)

Subject: Agenda 2000

Agenda 2000 proposes a phasing out over a transitional period of regions currently eligible under Objective 1
which exceed the 75% threshold. It also proposes that areas currently eligible under Objectives 2 and 5b, which
would  no  longer  be  eligible  under  the  future  selection  criteria,  should  also  retain  financial  support  for  a
transitional period. What is the Commission(cid:146)s view on the length of these transitional periods and will they be the
same for Objective 1 and non-Objective 1 areas?