EU Coordination Rules for Child Benefits for Amsterdammers

EU Coordination Rules for Child Benefits for Amsterdammers

The EU coordination rules on child benefits ensure that Amsterdammers continue to receive child benefits, even if they, their partner, or their children live or work in different EU countries. These EU rules prevent double payments and fairly allocate benefits based on employment and residence. They are essential for expats in Amsterdam, cross-border workers commuting to Belgium or Germany, and international families around Schiphol or the Zuidas. For a straightforward explanation, see our article on Child Benefits and Living Abroad. In Amsterdam, you can get free advice from the Juridisch Loket Amsterdam.

Legal Basis

These EU coordination rules on child benefits are set out in Regulation (EC) No 883/2004 on the coordination of social security systems. Key articles:

• Article 67: Child benefits are paid by the institution of the child's place of residence, unless other priorities apply.
• Article 68: Priorities where parents work in different EU countries.

The Implementing Regulation (EC) No 987/2009 provides further details, such as the pro-rata rule for proportionate sharing. In the Netherlands, the Social Insurance Bank (SVB) enforces these rules. They apply to EU countries, the EEA (Norway, Iceland, Liechtenstein), and Switzerland. Amsterdammers with questions should contact the SVB or Juridisch Loket Amsterdam.

Scope of Application

The rules apply in cross-border situations within the EU/EEA. Typical cases for Amsterdam:

• You live in Amsterdam and commute to work in Belgium, with your child in Germany.
• Your child stays with grandparents in Spain while you work on the Zuidas.
• Parents work in different EU countries, such as one in Amsterdam and one in France.

Outside the EU/EEA, bilateral agreements or Dutch rules apply. See social security outside the EU.

Priority Rules: Which Country Pays?

A hierarchy determines the paying Member State:

1. Child's place of residence takes priority: The child's country pays in full (art. 67(1) Reg. 883/2004).
2. Working parent in child's country: That country takes precedence (art. 67(2)).
3. Both parents in one other country: Full payment from that country (art. 67(3)).
4. Parents in different countries: Pro-rata based on earnings (art. 68).

Aggregation rules (art. 6) combine periods from multiple countries.

Priority Comparison

Practical Examples for Amsterdammers

Example 1: Cross-Border Worker
Jan from Amsterdam lives with his child in the Jordaan and works in Germany. The Netherlands takes priority (child's residence): SVB pays.

Example 2: Separated Parents
Mother with child in Portugal (non-working), father in Amsterdam. Portugal first, but father claims via E411 from SVB.

Example 3: Pro-rata
Mother in Amsterdam (€40,000), father in France (€30,000), child in Belgium. Belgium as base, NL and FR pro-rata: NL pays 40/70 of Dutch amount.

Rights and Obligations

Rights:

• Always child benefits from at least one country, no less than under national law.
• Benefits are exportable within the EU.
• Choose the highest amount where options exist (art. 68(2)).

Obligations:

• Report changes within 8 days to SVB (address, job, child).
• Provide proof: payslips, residence proof, E411/E104.
• No duplicate claims; fines possible.

Frequently Asked Questions