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GMS Flash Alert 2024-001

European Union 鈥� Calling on Greece and Italy to Comply with Family Benefits Rules

GMS Flash Alert 2023-223 | November 22, 2023

In November 2023, the European Commission (EC) decided to open an infringement procedure against Greece1 and to send a reasoned opinion to Italy2 for not complying with European Union (EU) rules for family benefits.

Both countries present requirements for residence to foreign nationals, for example to mobile workers, to be eligible for family benefits. 聽The EU regulation for coordination of social security3 prohibits requirements for residence for receiving social security benefits, such as family benefits.

Greece now has two months to respond and take necessary measures, and if they do not, the EC may decide to send a reasoned opinion to Greece.

Italy has two months to respond and take necessary measures, and if they do not, the EC may decide to refer the case to the Court of Justice of the European Union (CJEU). 聽

Why this matters

In the event that the Greek and Italian governments end up changing their legislation concerning family benefits and thereby remove the requirement for residence, such change will have retroactive effect. 聽This means that any mobile workers currently subject to the existing restrictions on entitlement to family benefits from Greece and/or Italy will be eligible for retroactive claims for family benefits from these countries if they were not deemed eligible for family benefits by virtue of the residence requirement.聽

Overview of Cases聽 聽 聽 聽

骋谤别别肠别听

According to Greek legislation, only EU nationals who have been residing with their children in Greece for at least five years are eligible to apply for family benefits. 聽Non-EU nationals who are covered by the EU social security coordination rules can only apply for family benefits after residing in Greece for at least 12 years.

The EU coordination rules for social security prohibit residence requirements for receiving social security benefits, including family benefits. 聽That is why the EC finds the Greek legislation for family benefits breaches EU law on the grounds of discrimination.聽

滨迟补濒测听

In March 2022, Italy introduced a new family allowance for dependent children. 聽This allowance is awarded only to people residing in Italy for at least two years. 聽The EC views this requirement for minimum residence in Italy as discrimination and a breach of EU law, because, as previously noted, EU coordination rules for social security prohibit any residence requirement.聽

Cases about restrictions to access on family benefits that are based on requirements for residence constitute a breach of free movement of people in the EU and are therefore a breach of EU law.

If Greece and Italy fail to align their respective national legislation with EU law and coordination rules for social security, it is highly likely that the infringement procedures initiated by the EC will lead to proceedings before the CJEU.聽

Regardless of whether Greece and Italy change their legislation on their own merit or because of the court proceedings before the CJEU, such a decision will mean that the requirements for residence were illegal from the time they were implemented in national law. 聽If any person, for example a mobile worker, was denied access to family benefits due to residence requirements, those individuals potentially will have a right to a retroactive claim for family benefits from these countries. 聽聽聽聽聽聽聽

Contacts

Daida Hadzic
Daida Hadzic

Director, Washington National Tax 鈥� Global Mobility Services

乐鱼（Leyu）体育官网 in the U.S.

Additional Resources

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Footnotes

1聽聽European Commission:聽, 16 November 2023.

2听聽European Commission:聽, 16 November 2023.

3 聽European Union:聽, 29 April 2004.

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