EU Coordination Rules on Child Benefits for Tilburg Residents
The EU coordination rules on child benefits ensure that Tilburg parents continue to receive child benefit, even if they, their partner or children live or work in different EU countries. These EU rules prevent duplicate payments and allocate the benefit fairly based on employment and residence. They are essential for Tilburg residents who are cross-border workers or expats, for example in Belgium or Germany. For beginners: see our article on Child Benefit and Living Abroad. For questions in Tilburg: call the Juridisch Loket Tilburg.
Legal Basis
These rules are set out in Regulation (EC) No 883/2004 on the coordination of social security systems. Key articles:
- Article 67: Child benefit is paid by the institution in the child's country of residence, except in cases of priority.
- Article 68: Priority rules apply when parents work in different EU countries.
The Implementing Regulation (EC) No 987/2009 covers details such as pro-rata allocation. In the Netherlands, the Social Insurance Bank (SVB) handles these matters. Applicable in the EU, EEA (Norway, Iceland, Liechtenstein) and Switzerland. Tilburg residents with EU ties should report this to the SVB or Municipality of Tilburg for local support.
Scope of Application
The rules apply in cross-border EU situations. Examples for Tilburg:
- You live in Tilburg, work in Belgium, child in Germany.
- Your child is staying with family in Spain, you work in Tilburg.
- Parents work in different EU countries.
Outside the EU/EEA: bilateral agreements or Dutch rules apply. See social security outside the EU.
Priority Rules: Which Country Pays?
The hierarchy determines the competent member state:
- Child's residence: That country pays in full (art. 67(1)).
- Working parent there: That country has priority (art. 67(2)).
- Both parents in one country: Full benefit from that country (art. 67(3)).
- Parents in different countries: Pro-rata based on earnings (art. 68).
Aggregation (art. 6) combines periods for coverage.
Priority Comparison
| Situation | Competent State | Tilburg Example |
|---|---|---|
| Child lives in Tilburg, parents work in NL | Netherlands (full) | Standard SVB payment for Tilburg residents. |
| Child lives in BE, parent works in Tilburg | Belgium (child's residence) | SVB stops; Belgium pays. |
| Child in Tilburg, parent works in BE | Netherlands (residence) | SVB continues payment. |
| Parent 1 in Tilburg, Parent 2 in DE, child in FR | Pro-rata NL/DE | NL portion based on Tilburg salary. |
Practical Examples for Tilburg
Example 1: Tilburg Cross-Border Worker
Jan from Tilburg lives locally with his child and works in Belgium. Netherlands has priority: SVB pays, despite Belgian income.
Example 2: Separated Tilburg Parents
Mother with child in Spain (non-working), father working in Tilburg. Spain has priority, but Netherlands claims via E411 through SVB.
Example 3: Pro-rata
Mother in Tilburg (€40k), father in France (€30k), child in Belgium. Belgium as base, NL 40/70 of NL amount, FR 30/70 of FR amount. Choose the highest.
Rights and Obligations
Rights:
- Always at least the national benefit from one state.
- Benefit is exportable within the EU.
- Highest amount where options exist (art. 68(2)).
Obligations:
- Report changes within 8 days to SVB (work, address, child).
- Provide proof: certificates, E411/E104, residence.
- No duplicate applications; fines possible.
Frequently Asked Questions
Do I need to apply in every EU country?
No, SVB coordinates. Start in country of residence; E411 handles the rest. Tilburg residents: via Juridisch Loket Tilburg.
Child outside the EU?
National or bilateral rules apply. Check with SVB. See child benefit abroad.
How to calculate pro-rata?
Earnings/total x national amount. SVB performs the calculation.
Objection to SVB decision?
Yes, within 6 weeks. Rejection: appeal to the District Court of Zeeland-West-Brabant (Breda). Assistance via objection and appeal or Juridisch Loket Tilburg.