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- How Brexit will affect workers
The situation would not change until 31 December 2020, so the Spanish company would not have to take any action, and the A1 would remain valid until that date.
By virtue of Royal Decree-Law 5/2019, of 1 March, adopting contingency measures for the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without reaching the agreement provided for in Article 50 of the Treaty on European Union, the situation of posting will be maintained, provided that the competent British authorities act in reciprocity.
The situation would not change until 31 December 2020 (the end of the transitional period), so the British company would not have to take any action.
By virtue of Royal Decree-Law 5/2019,of 1 March, adopting contingency measures for the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union having been reached, the situation of posting will be maintained, provided that the competent British authorities act in reciprocity.
Workers who at the end of the transitional period (31.12.2020) find themselves in this situation will continue to be covered by the Regulations on the coordination of social security systems and will therefore continue to be subject to United Kingdom legislation and will be entitled to the benefits provided by that legislation in application of those Regulations, without being affected by Brexit.
The Regulations on the coordination of social security systems no longer apply. If such workers continue to be subject to United Kingdom legislation, they will be entitled to the benefits provided for in that legislation, under the conditions established therein, provided that they meet the conditions required for that purpose.
Short-term benefits are generally recognised by only one State, i.e. the State to which the person concerned is subject at the time of the event..
FOR BENEFITS THAT ARE ALREADY RECOGNISED AND ARE BEING PAID AT THE TIME OF THE DEPARTURE:
Two assumptions are distinguished:
It will depend on what is provided for in British law..
Regardless of whether there is an Agreement or not, Spain continues to pay, in its territory, the benefits already recognised.
FOR FUTURE BENEFITS:
EU Regulations on the coordination of social security systems shall continue to apply and periods worked in Spain and in the United Kingdom are taken into consideration to qualify for such benefit. In this instance, Spain pays the benefits in the United Kingdom (export), or in the case of Spain here.
The Spanish Government's contingency measures provide for the possibility of taking into account periods worked in the United Kingdom before the date of withdrawal in order to be entitled to contributory benefits under the Spanish Social Security system.
However, since the Regulations coordinating the social security systems do not apply, the benefit cannot be paid outside Spanish territory and would therefore only be paid in the case of residence in Spain.
Two assumptions are distinguished::
It will depend on British legislation.
The cross-border situations in Gibraltar do not raise any particularity with respect to the situations previously examined.