MINIMUM LIVING INCOME BENEFIT AND BRITISH NATIONALS IN SPAIN IN TIMES OF BREXIT

Abstract

As from 1 January 2021, after the end of the transitional period imposed by the EU-UK Withdrawal Agreement, the UK will be for all purposes a third State and its nationals considered as “foreigners”. The change of status of the UK raises interesting questions regarding the social security rights of EU citizens and UK nationals. This paper deals with the possibility of access to the Minimum Living Income benefit for British nationals residing in Spain, either under the Spanish immigration laws or within the framework of the EU Regulations on the Coordination of Social Security systems. As a core issue, the identification of the Minimum Life Income benefit with the special non-contributory benefits of Article 70 of Regulation 883/2004 is argued. To this respect, the lack of inclusion of the Spanish benefit in Annex X can be considered as a serious oversight, possibly rectifiable by regulation and very necessary to avoid the conflict that this lack of clarification could generate