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Parliamentary questions
PDF 184kWORD 18k
8 January 2019
Question for written answer P-000037-19
to the Commission
Rule 130
Siegfried Mureşan (PPE)

 Subject:  Reduced allowances for non-resident children of EU citizens working in Austria
 Answer in writing 

The free movement of persons is a fundamental principle of the European Union. Moreover, the coordination of EU social security systems means that EU citizens from any Member State have the same rights and obligations as nationals of the country in which they are insured.

A law came into effect in Austria on 1 January 2019 which lowers the allowances granted to non-resident children of citizens of other EU countries working there. Under this new legislation, allowances are set at the same level as in their country of origin.

This law conflicts with the principle of freedom of movement and the principle of non‐discrimination on the grounds of nationality. Moreover, Chapter 8 of Regulation 883/2004 on the coordination of social security systems clearly states that family benefits should be granted to family members residing in another Member State as if they were residing in the worker’s Member State of residence.

1. Did the Austrian authorities consult the Commission before adopting this legislation and, if so, what was the Commission’s position on the changes referred to above?

2. What steps will the Commission take to persuade the Austrian authorities to bring their national legislation back into line with EU rules?

Original language of question: RO 
Last updated: 10 January 2019Legal notice