A ruling by the European court of justice (ECJ), according to child benefits for children living abroad is also granted if a child benefit claimants is unemployed. Money, it is not for the payment of children of concern, whether a child of the member state exercises the money the recipient in an EU-employment, stated the judge (Az. C-322/17).
In this particular case, a Romanian citizen who lives since 2003 in Ireland. For his two children, who live in Romania, he applied for a 2009 children’s money. From 2003 to 2009, he exercised an employment in Ireland.
After he had lost in 2009, his Job, he referred to it by the Irish authorities to, first, a contribution-based unemployment benefit. Then he received a non-contributory unemployment benefits and, finally, between 2013 and 2015, a performance in the event of illness.
Irish authorities refused the payment
The Irish authorities refused to pay child benefits for the entire period between 2009 and 2015. For the period in which the Romanian state had received a citizen’s contribution-independent benefits in case of unemployment, paid no child support.
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I related The reasoning of the Irish authorities: To not be filled at this time, he the conditions for the respect of children’s money for his living in Romania for children, as he exercised in Ireland, neither in employment nor a contributory performance.
by Contrast, the Romanian complained on the grounds that the Irish authorities had relied on an incorrect interpretation of EU Law. The High court of justice in Ireland, submitted the case to the ECJ.
amount of the payment is still unclear
The judges in Luxembourg were now clear that EU citizens have also for children living abroad are entitled to family benefits according to the legislation of the competent member state. In this case, the court interpreted an EU regulation on the coordination of social security systems within the meaning of the Romanian plaintiff.
The regulation does not require that a child should have money to the recipients of the status of a worker, in order to be entitled to family benefits. Family benefits for children, the member state living in another EU could be granted for a number of reasons and not only due to employment, ruled the court.
According to one opinion of the ECJ advocate-General’s but it needs to be clarified now in Ireland, finally, whether the children must be made of money payments for the disputed period in which the Romanian contribution received that is independent of unemployment benefit under Irish or Romanian Standards.
children’s money is also in Austria and Germany, a topic
Also in other EU countries child benefit payments to children living abroad are always an issue. Most recently, the EU launched by the Commission against a breach of contract case against the Austrian government, which had introduced a so-called indexation of the family allowance. When indexing, the children fall for the payment of money for children living in countries such as Hungary or Slovakia, because of the cheaper living costs low.
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Also in Germany there are discussions about indexing. Because of the concerns of the EU Commission, the financial Committee of the Federal Council, had adjourned the deliberations of an appropriate CSU application for an indefinite period of time.
