It seems questionable practices exist in some Member States in relation to the granting of family benefits. The following practices have been identified in situations where one parent works abroad in the Member State of secondary competence, while the rest of the family remains and works in the country of origin, which has the primary competence:
The payment of benefits is linked to an income threshold and a low age limit, exceeding which would mean no family benefit would be paid from the state of primary competence. Consequently, according to the current coordination rules, the Member State of secondary competence has to pay the entire amount, instead of only the difference.
At least one Member State taxes family benefits coming from another Member State.
Some Member States link their benefits to a criterion of parents and children sharing a common national residence, without accepting EU residences.
One Member State, even if it has the primary competence, does not pay its family benefits if another Member State already pays them.
1. Is the Commission aware of these practices?
2. Are these practices in line with European law?
3. Which actions will be taken in order to compensate the Member State of secondary competence in the cases mentioned above?