Questions about Brexit

The new agreement contains rules concerning the coordination of social security systems in a separate protocol, which correspond, in essence, to the provisions of Regulations (EC) No 883/2004 and No 987/2009. With effect from 1 January 2021, it can be provisionally applied to situations that are to be assessed from 1 January 2021 onwards. The European Parliament approved the agreement on 27 April.

• The legal consequences of situations which had a cross-border element before 1 January 2021 continue to apply under the conditions set out in the EU-UK Withdrawal Agreement.
• Situations subsequent to 1 January 2021 are to be assessed under the conditions set out in the EU-UK Trade and Cooperation Agreement.

Under the Trade and Cooperation Agreement between the United Kingdom and the EU, persons posted to the UK or Germany on or after 1 January 2021 will continue to be subject to the previous social security legislation, if

• they are posted by an employer which carries out substantial commercial activity in the State of posting, and
• the assignment is not expected to exceed 24 months, and
• the person is not being posted to replace a previously posted person. This means that a person will continue to be subject to German social security law from 1 January 2021 if the posting to the United Kingdom meets the posting requirements.

For persons who lawfully reside in the United Kingdom or in an EU Member State and to whom the legislation of one of those States applies, the rules on the provision of assistance in the form of benefits in kind will continue to apply. The costs will also be reimbursed after the end of the stay or treatment.

This means that, as before, medical care can be provided by way of temporary assistance in the form of benefits in kind until the treatment in the country has been completed, by presenting insurance certificates or entitlement documents (A1, EHIC, DA1), and costs can be reimbursed via the liaison bodys in accordance with Regulations (EC) No 883/2004 and No 987/2009.

Yes. Until specific documents for the implementation of the trade agreement are introduced, the forms and documents issued by the competent institutions in the EU format used up to now will continue to apply.