Pensioners

Pensioners:

  • Will the Spanish pension received by a Spanish citizen (or national of a Member State of the European Union) residing in the United Kingdom be affected?

    They won't be affected. Under Spanish law, contributory social security pensions are paid to their holders irrespective of where they reside. Whether or not the United Kingdom is part of the EU does not affect this issue.

  • A Spanish citizen residing in Spain receives a pension (pro rata) from the United Kingdom for the years worked in that country, and also receives a Spanish pension. Will he still be able to receive the British pension?

    Yes, pensions recognized before the end of the transition period (31 December 2020) shall continue to be paid pursuant to the principle of exportability set forth in European regulations.

    In any case, if contribution periods were completed in the other party before 31 December 2020, the pension, regardless of whether it was recognized before or after said date, shall also be exportable in accordance with this same principle.

    If no contribution periods were completed in the other party before 31 December 2020, those pensions recognized as of 1 January 2021 shall be paid pursuant to the Protocol on Social Security Coordination of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

  • A Spanish national, resident in Spain, receives a United Kingdom pension for the years worked in that country. S/he does not receive a Spanish pension.

    Yes, for the same reason stated in the previous paragraph.

  • Will a British national who resides in Spain and receives only a UK pension continue to receive his pension under the same terms?

    Yes, for the same reason stated in the previous paragraph.

Future pension rights

  • If a Spanish citizen (or national of a Member State of the European Union) has worked in the United Kingdom, before Brexit and after that date, will these periods of work be taken into account for the recognition of a future pension in Spain? What if they have also worked in another Member State of the European Union?

    Preliminary Note: Periods worked in other Member States of the European Union, the European Economic Area and in Switzerland, whether before or after the withdrawal of the United Kingdom, will always be taken into account, regardless of whether or not periods worked in the United Kingdom are taken into account, as the Regulations on the coordination of social security systems continue to apply in those States.

    Yes, contributory periods shall be taken into consideration account pursuant to the applicable European regulations until 31 December 2020, whereas, as of 1 January 2021, such contribution periods shall be taken into account pursuant to the Protocol on Social Security Coordination of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

  • A British citizen has worked in Spain, before Brexit and after that date. Will these work periods be taken into account for the recognition of a future pension in Spain? What if they have also worked in another Member State of the European Union

    Preliminary Note: These are Contributions to the Spanish Social Security System, with no transnational element other than the nationality of the worker. Therefore, this issue does not depend on international coordination rules, but on Spanish legislation which, moreover, does not establish any discrimination on the basis of the nationality of workers for the purposes of access to contributory Social Security pensions.

    On the other hand, periods worked in other Member States of the European Union, the European Economic Area and in Switzerland, whether before or after the withdrawal of the United Kingdom, will always be taken into account, regardless of whether periods worked in the United Kingdom are taken into account or not, as the Regulations on the coordination of social security systems continue to apply in the other Member States.

    All periods duly contributed by a British national in Spain will be taken into account for the recognition of a future pension in Spain.