muutto ulkomaille en 2016

Residence-based social security when moving from Finland

2016

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Contents

• General information about residence-based social security

• Moving from Finland (EU/EEA countries and Switzerland, agreement countries, other countries)• Employees• Status of family members• Payment of benefits abroad• Return from posting abroad and benefits after the return

• Procedure when moving from Finland

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Kela – The Social

Insurance Institution of Finland

National pension

Unemploy-ment

Sickness and parental

benefits (cash benefits)

Health care

Family benefits

Private insurance

companies, funds, State

Treasury

Earnings-related

pensions

Benefits for accidents at

work and occupational

diseases

Municipalities

Public health

Income support

Social services

Unemploy-ment funds

Benefits based on residenceEmployment-based benefits

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Social security when moving: which provisions are applied?

• EU legislation (Regulations 883/2004, 987/2009, 1408/71 and 574/72)• Employment decisive criterion, sometimes residence

• Social security agreements• Scope of agreement varies from agreement to agreement• Employment/residence decisive, depends on the agreement

• Our national legislation• Act on the Application of Residence-Based Social Security Legislation

(1573/1993): mainly residence, sometimes employment• Health Insurance Act (+ Kela's rehabilitation benefits):

residence/employment• Unemployment Allowances Act: employment• Municipality of Residence Act: residence

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When is a person who leaves Finland entitled to Finnish social security benefits?

Persons who temporarily stay abroad• Going abroad for less than a year• Exception: if employed in another EU country

Special situations (separate application/notice)• Posted workers• Students• Civil servants of the Finnish Government• Family members of the aforementioned persons

To certain benefits in certain other cases• If still employed in Finland or still receives cash benefit from Finland in

connection to previous employment• In certain situations, Finland covers the costs for medical care

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Moving from Finland: National provisions

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Entitlement to Finnish residence-based social security

National legislation

• Act on the Application of Residence-Based Social Security Legislation (1573/93

• Health Insurance Act • Unemployment Allowances Act • Municipality of Residence Act

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Benefits covered by the Scope of Application Act

Group 1• Child benefit**• Maternity grant• General housing allowance• National pension**• Survivors' pension**• Benefits under the Act on Disability

Benefits:• Disability allowance for persons

aged 16 years or over**• Disability allowance for persons

under 16 years**• Care allowance for pensioners**• Dietary grant **

Group 2• Child maintenance allowance * • Guarantee pension **• Housing allowance for pensioners*• Benefits under the Act on Front-

Veterans' Pensions*

* = requirement: actual residence in Finland** = covered by the EU Regulation on social security

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Moving from Finland: Other countries than EU/EEA countries or agreement countries

• The Act on the Application of Residence-Based Social Security Legislation (1573/93) covers:• persons resident in Finland• persons who move to Finland and work in Finland• persons who move from Finland• persons who temporarily stay abroad• persons resident abroad who on the basis of law or

application are entitled to Finnish social security• family members• persons resident in Finland who are not entitled to social

security

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Entitlement to social security when moving from Finland• Act 1573/93 (Section 4) is applied regardless of citizenship: • Moving for less than a year (temporary move)

• Coverage by residence-based social security while staying abroad• Moving for more than a year (permanent move)

• Coverage by residence-based social security ends when moving abroad

• If repeatedly temporary (= less than a year) periods abroad, one may remain covered by residence-based social security only if still permanently resident in Finland and has close ties to Finland

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Coverage by residence-based social security on application (Act 1573/93, section 7)

• Resident in Finland or covered by the social security when employment or studies start + close ties to Finland

• Abroad for more than a year1. Posted abroad by a Finnish employer2. Employee hired abroad by a Finnish employer

− Points 1-2 only when going to other countries than EU/EEA countries or agreement countries

3. Full-time students and researchers, grant recipients− Point 3 also when going to EU/EEA or agreement countries

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Accompanying family members• Persons who accompany a person covered by Finnish

social security under Section 5 or 7 or an international agreement and live in the same household• Married or cohabiting spouse• Partner in a registered partnership• Children under age 18• Except if:

− on the basis of own employment of over 4 months covered by the social security of the country of employment, or

− otherwise on the basis of circumstances has closer ties to the foreign country than to Finland

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Coverage by residence-based social security based on application

Close ties (Section 7 a)• Overall assessment of the person's situation• Time of residence in Finland• Time of residence in the country of employment• Family ties• Finnish employer• Recurring stays in Finland• Housing arrangements • Earnings-related pension coverage in Finland

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Moving from Finland: EU/EEA countries and Switzerland

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Moving from Finland: EU/EEA countries and Switzerland

• EU Regulation 883/2004 applied• Employees

• main rule: social security of the country of employment• Posted workers

• social security of the country of origin (certificate E 101 or A1)• entitled to medical care in the country of employment (EHIC or form E106FI)

• Family members and other non-active persons• Usually covered by social security of the country of residence:

Resident in Finland according to Act 1573/93? Or resident in the other EU country on the basis of that country's legislation?

• Exception: situations where a family member receives employment-based benefit from Finland (e.g. parental allowances)

• Despite residence, entitlement on the basis of Regulation 883/2004 for family members to medical care and family benefits from employee's competent country

• Situations not covered by the scope of the Regulation are determined according to national provisions

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Moving from Finland: countries which have a social security agreement with Finland (agreement countries)

=> Provisions of the agreement + national legislation

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Moving from Finland: agreement countries

• USA, Canada, Quebec, Chile, Israel, Australia and India (+ Switzerland)

• Nordic Convention on Social Security• Germany, Spain, Greece, Luxembourg, United Kingdom,

Austria and Estonia • Significance almost disappeared

• Agreement on medical care with Australia• Situations outside the scope of the agreement

determined according to national provisions, i.e. in the same way as for non-agreement countries (e.g. Act 1573/93)

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Moving from Finland: Entitlement to benefits

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Moving from Finland: entitlement to benefits

Residence-based benefits abroad • Payment of benefits already in payment continued, new benefits granted

on application• Benefit amount: fixed amounts determined by law and benefits dependent on income

(daily allowances + salary for insurance purposes; paid to the employer, if entitled to wage)

• No entitlement abroad: • Child care allowances (child home care, private day care and partial care allowances).

− Exception: child home care allowance to EU/EEA countries• Unemployment benefits (unemployment allowance and labour market subsidy)

− During temporary stay abroad if jobseeking in Finland valid− EU/EEA countries: jobseeking 3 months if entitlement to unemployment allowance− employment that counts towards the employment condition

• National pension and survivors' pension for more than a year − Exception: EU/EEA countries and agreement countries

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Entitlement for persons who move from Finland to medical care abroad and in Finland• Entitlement to medical care abroad

• Covered for health insurance in Finland: entitled to medical care in EU/EEA countries and Switzerland and on the basis of social security agreement in Australia

Temporary stay: medical treatment necessary for medical reasons (with EHIC or passport) Permanent residence: according to legislation of the country of destination Posted workers/civil servants:

Registration with form granted by Kela with health insurance institution in country of destination• Other countries: entitlement according to legislation of the country of destination

• Entitlement of persons who move from Finland to medical care in Finland, public healthcare scheme• Municipality of residence in Finland: entitlement to public healthcare services for user fee• Persons resident in other EU/EEA countries or Switzerland whose medical care costs Finland is responsible for:

With certificate of entitlement to medical treatment in Finland or European Health Insurance Card (EHIC) all necessary treatment

• No municipality of residence in Finland and Finland is not responsible for medical care costs: with EHIC medical treatment necessary for medical reasons, in other situations only emergency treatment (invoice to client)

• Entitlement of persons who move from Finland to reimbursement for medical care in Finland, private healthcare scheme• Covered for health insurance in Finland: entitlement to reimbursement for medical care • Persons resident in other EU/EEA countries or Switzerland whose medical care costs Finland is responsible for:

With certificate of entitlement to medical treatment in Finland or European Health Insurance Card (EHIC) entitlement to reimbursement for medical care

• Not covered for health insurance in Finland: reimbursement only for medical treatment necessary for medical reasons with EHIC from country of residence or Australian passport (client covered for health insurance in EU/EEA country or Switzerland or Australia)

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European Health Insurance Card (EHIC)

• For persons who are covered for health insurance in Finland or whose costs for medical care Finland is reponsible for

• The card can be applied for from Kela online at www.kela.fi/asiointi, by phone 020 692 203 or on form SV 193

• The card can also be granted on the basis of a certificate (E101/A1) issued by the Finnish Centre for Pensions (Eläketurvakeskus)

• The cards are made by an outside supplier = cannot be obtained from Kela while waiting

• If necessary, a temporary certificate on paper• Entitlement to benefits in kind which become

• necessary for medical reasons while staying in another Member State

• taking into account the nature of the benefits and• the planned duration of the stay

• A card granted by Finland is valid for two years

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Return to Finland

A. Covered by Finnish residence-based social security during stay abroad notice to Kela about the return, no interruption in the

social securityB. Not covered by Finnish residence-based social

security during stay abroad application to Kela (www.kela.fi/asiointi or form Y 77)• entitlement to social security from the date of moving if

permanent return• exception: e.g. maternity, paternity and parental

allowances

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Moving from Finland: Procedure

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Issue of decision (Act 1573/93, Section 12) – going abroad for more than a year

• Application for decision to Kela online (www.kela.fi/asiointi) or on form Y 38

• Decision must be applied for within one year of going abroad / the termination of the previous decision

• Decision issued for the period of employment or study, but for a maximum of 5 years at a time • Decision may be continued by a maximum of five years, if still close

ties to Finland• After ten years new decision only if the person has stayed in Finland

for at least one year• The decision may be appealed to the Social Security

Appeal Board and from there to the Insurance Court

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Issue of decision (Act 1573/93, Section 12) – other situations

• Written appealable decision on coverage by the social security administrated by Kela is also always given when• information is obtained on move abroad or return to Finland

(exception: holiday trips)• a person who moves to Finland applies for coverage by the

residence-based social security (online www.kela.fi/asiointi or on form Y 77)

these decisions are issued by Kela's Centre for International Affairs (applications are filed online or submitted to any local Kela office)

• The decision may be appealed to the Social Security Appeal Board and from there to the Insurance Court

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Division of responsibilities: Whom to contact when?

• Finnish Centre for Pensions: earnings-related pensions• in EU and social security agreement matters:

− Issuing forms on applicable legislation (e.g. E 101/A1) Liaison body, pension applicants resident in Finland, i.e. forwarding of data on applications, insurance time and decisions between institutions participating in the processing of pension matter

• Kela: residence-based social security• in EU and social security agreement matters:

− Liaison body, pension applicants resident abroad− issuing of medical care forms and European Health Insurance Cards,

other benefits• in other matters:

− decisions on coverage by residence-based social security, benefits

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Procedure when leaving Finland

• EU/EEA and agreement countries (e.g. posted workers)• certificate from the Finnish Centre for Pensions (Eläketurvakeskus)• Medical care certificate/EHIC and benefits from Kela • Decision from Kela ex officio

• EU/EEA and agreement countries (family members, students)• On application (www.kela.fi/asiointi or Y 38 ) decision and benefits from Kela

• EU/EEA and agreement countries (others, e.g. ordinary employees)• Notice to Kela about the departure, decision and benefits from Kela

• Non-agreement countries (posted workers, family members, students)• On application (www.kela.fi/asiointi or Y 38 ) decision and benefits from Kela

• Kela must always be notified of return to Finland

http://www.kela.fi/asiointi%20tai%20Y%2038

http://www.kela.fi/asiointi%20tai%20Y%2038

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Centre for International Affairs

• Centre for International Affairs• Kela's Centre for International Affairs provides service to all

customers who move to or from Finland and in other international situations.

• Phone service for private customers• Moving to or from Finland 020 634 0200 (Calling from abroad

+358 20 634 0200)Social security matters when moving to or from Finland and in other international situations. Service is provided in Finnish and English.

• Service in Swedish is provided at 020 634 0300 (Calling from abroad +358 20 634 0300)

• The service is open Monday to Friday between 8 am and 6 pm.

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