1. 1

2. Case No. I
• Statement of facts:
- Father self-employed in MS A
- Mother does not pursue any activity as
employed/self-employed person
- Mother and children live in MS B
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3. Applicable rules
• Art. 7: waiving of residence rules
• Art. 10: prevention of overlapping of benefits
• Art. 68 (1) a): priority rules by overlapping:
- 1st: Member State of employment/self-
employment
- 2nd: MS of pension
- 3rd: MS of residence
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4. • Art. 68 (2): benefits payed according to rules
with priority, benefits according to other
conflicting legislation shall be suspended, a
differential supplement shall be payed if
necessary
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5. Conclusions
- Employment of the father » priority: MS A
» family benefits in full amount
- Place of residence of the mother » secondary
applicable rules: MS B » differential
supplement
- OPINION of Romania - discussion
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6. Hungarian practice
If the father is working in Hungary e.g. child
home care allowance can be payed directly to
the mother, taking into account the main
relevant fact of the case, that based on the
place of employment the regulation orders to
apply the Hungarian rules.
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7. Remarks
Regulation:
No difference between the applicable rules on
which parent is working in that MS
See also: prohibition of diskrimination on place
of residence or citizenship
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8. Case No. II
Statement of facts:
- the parents come from MS A to MS B to work
- residence of the children: MS A
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9. Applicable rules – 1.
Children stay in MS A only for studies: according
to rules of MS B they are to be taken into
account as residing in the same household
with the parents
Conclusion: parents entitled for whole amount
of family benefits in MS B
OPINION of Romania - discussion
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10. Applicable rules – 2.
The children stay in MS A in other person’s care.
Conclusion: according to the rules of MS B
children are not in the household of the
parents, no family benefits can be payed.
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11. Remarks
Decisive condition in cases: determination of the
place of residence – see Art. 1 (j).
Hungarian practice: for determining if the family
or member of the family is effectively living at
the given address: the local government’s
examination for official request
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12. Points to conciliate
1. Determination, verifying of real place of
residence: according to our inforations
romanian authorities have few instruments
2. Family benefits similar to child home care
allowance to be payed to the parent staying
with the child in another MS
3. Using of languages: our clerks speak English,
German and Hungarian – information in
other languages needs extra labour, time and
costs, but manageable unless other solution. 12

13. Suggestions
1. Change of e-mail address between Romanian
offices and Hungary
2. Identification of clients: Hungarian address
and Hungarian social insurance number („TAJ”)
– if possible
3. Scheduled information about Romanian
benefits – to calculate overpayment and
differential supplement
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14. 4. Giving all data known in the case, especially
the basis of application of the Romanian rules
– to compare with relations in Hungary
5. Simplification of process – to give the reasons
if the Romanian office cannot comply with our
request
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15. 10. Forwarding of applications to the other MS –
at the moment goes slowly, a few cases arrived
from Romania – problem: clients sometimes
fail to notify the offices about changes in
circumstances
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