Pensioners

Social Security

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?
    • With agreement:

      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.

    • Without agreement:

      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?
    • With agreement:

      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.

    • Without agreement:

      Since the Regulations on the coordination of social security systems do not apply, it will depend on what is established by British legislation.

  • 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.
    • With agreement:

      As EU Regulations continue to apply, the United Kingdom will continue to export its pensions to Spanish territory.

    • Without agreement:

      Since EU Regulations on the coordination of social security systems do not apply, it will depend on what is determined by British legislation.

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

      Yes. Under the Regulations on the coordination of social security systems, the United Kingdom will continue to export its pensions to Spain.

    • Without agreement:

      Since the Regulations on the coordination of social security systems do not apply, it will depend on what is established by British legislation

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.

    Similarly, the calculation of periods worked in the United Kingdom is independent of whether or not periods have been completed in other Member States.

    • With agreement:

      For the purpose of future contributory pensions in Spain, contributory periods in the United Kingdom shall be taken into consideration at least until the date of the end of the transitional period (31.12.2020).

      If the worker is working in the United Kingdom at that date, subsequent periods of contribution in the United Kingdom during that period will also be taken into account, since in that case the Regulations on the coordination of social security systems continue to apply for as long as that situation persists (work in the United Kingdom).

      If the worker is not in the previous situation, only the contribution periods up to that date will be taken into account.

    • Without agreement:

      The Regulations on the coordination of social security systems will not apply. The Spanish Government's contingency measures provide for the possibility of taking into account periods worked in the United Kingdom up to the date of departure from the European Union.

  • 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.

    • With agreement:

      All periods duly contributed by a British national in Spain will be taken into account for the recognition of a future pension in Spain regardless of whether or not there is a withdrawal agreement and whether or not the United Kingdom is not part of the European Union.

    • Without agreement:

      All periods duly contributed by a British national in Spain will be taken into account for the recognition of a future pension in Spain regardless of whether or not there is a withdrawal agreement and whether or not the United Kingdom is not part of the European Union.