Childcare Allowance in a Cross-Border Case

Our team of lawyers successfully represented a client in a complex case concerning the granting of childcare allowance until the child reached the age of two, involving the simultaneous application of Romanian national legislation and European rules on the coordination of social security systems. The client worked exclusively for a Romanian employer under a remote working arrangement, with all social security and tax contributions being paid in Romania. At the same time, she lived with her family in Belgium, which led the competent authorities to consider that the case involved cross-border elements and to delay the resolution of her application for childcare allowance. Although all the required documents had been submitted and the conditions provided under Romanian law had been met, the competent authority delayed issuing a decision, invoking the need for additional checks concerning the application of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 on the coordination of social security systems. As part of our representation, we demonstrated that Romania was the competent Member State for granting the benefit, as the client carried out her professional activity in Romania, was affiliated with the Romanian social security system, and paid all her contributions in Romania. We further demonstrated that the mere fact that she resided with her family in another EU Member State could not result in the loss of her entitlement to childcare allowance. Our legal argument was based both on the provisions of Government Emergency Ordinance No 111/2010 and its implementing regulations, as well as on the principles established by Regulation (EC) No 883/2004, particularly the prohibition of residence-based restrictions and the right to receive family benefits from the competent Member State. Following the steps taken by our team, including prior administrative complaints submitted to both AJPIS Ialomița and ANPIS, the competent authority acknowledged the client's entitlement to childcare allowance and ordered the granting of the benefit in accordance with Romanian legislation. This case highlights the importance of an in-depth understanding of European rules concerning the coordination of social security systems and demonstrates that the rights of individuals who work in one Member State while residing in another must be assessed in accordance with European Union law, without being unjustifiably restricted on the basis of residence. Our experience in litigation and administrative proceedings involving cross-border elements enables us to provide effective legal solutions to individuals who work in one EU Member State while residing in another and encounter difficulties in exercising the rights granted to them under national and European legislation.