The Coordination of Family Benefits by Regulation 883/2004
| Author | Stamatia Devetzi |
| DOI | 10.1177/138826270901100110 |
| Published date | 01 March 2009 |
| Date | 01 March 2009 |
| Subject Matter | Article |
European Jour nal of Social Sec urity, Volume 11 (2009), Nos. 1–2 205
THE COORDINATION OF FAMILY
BENEFITS BY REGULATION 883/2004
S D*
Abstract
Two of the most important questions concerning family bene ts in European Social
Security Law are concerned with determining the competent state and deciding
whether the amount of bene t should be xed at the level payable in the State of
residence of the family or at the level payable in the State where the parents work.
e new Regulation 883/04 gives answers to the se and other questions. Moreover, the
new provisions on family bene ts contribute to the simpli cation of the European
Social Security law.
is paper prese nts the most important changes in the ‘Family Bene ts’ Chapter.
It then discusses the recent Bosm ann Judgement of the ECJ, a judgement concerning
the cross-border granting of family bene ts. In the third part, the ECJ Ruling in the
Geven Case is presented a s an example of the consequences the new Regulation can
have on national law. It is argued that the application of the new rules on family
bene ts in conjunction w ith the new, broader de nition of the persons c overed by the
Regulation and the rules on con ict of laws can result in a lot more change s than one
might think at rst glance.
Keywords: European Social Security Law; Regulation 883/04; family bene ts;
competent State; cross-border granting of fa mily bene ts
1. INTRODUCTION
Family bene ts o en raise interesting questions in European Law, especially in cross-
border situations. e fact that children usually have two parents and that these
parents can live or work in di erent States can make things quite complicated, since
* Stamatia Deve tzi is Professor of Social Law at t he Fulda University of Applied Sciences; Add ress:
Marquardst r. 35, D – 36039 Fulda, Ger many; tel.: +49–661–9640– 482; e-mail: stamatia.d evetzi@
sk.hs-fulda.de.
To continue reading
Request your trial