At a glance
Client: a mother employed in Romania, resident in Belgium
Area: family benefits, coordination of social security systems
The problem: an allowance application stalled because of residence in another member state
Result: entitlement recognised, allowance granted under Romanian law
The facts
The client worked exclusively for a Romanian employer, remotely. All social and tax contributions were paid in Romania. At the same time, she lived with her family in Belgium.
The competent authority treated the file as cross-border and postponed deciding the application for childcare allowance up to the child's second birthday, citing further checks under Regulations (EC) no. 883/2004 and no. 987/2009. The documents were complete and the conditions under Romanian law were met, but no decision came.
What we did
Establishing the competent state
We showed that Romania was the competent state: the work was performed for a Romanian employer, the client was insured in the Romanian social security system, and contributions were paid in Romania.
Relying on the ban on residence clauses
The argument rested on Emergency Ordinance no. 111/2010 and its implementing rules, together with the principles of Regulation (EC) no. 883/2004, in particular the waiving of residence rules and the right to family benefits in the competent member state. Living in another member state does not extinguish the right.
Exhausting the administrative route
We filed preliminary complaints with both the county agency and the national agency, which unblocked the file without the need for litigation.
The outcome
The authority recognised the client's entitlement to the childcare allowance and granted the benefit under Romanian law.
What the file shows
The position of people who work in one member state and live in another is governed by EU law, not only by domestic administrative practice. Residence cannot be used to cut back the right to family benefits in the competent state.
The second point: many such files are not refused, they simply stall. The preliminary complaint is the tool that forces a decision.
Frequently asked questions
I work for a Romanian company but live in another EU state. Am I entitled to childcare allowance?
Yes, where you are insured in the Romanian social security system and contributions are paid in Romania. The competent state follows the place of work, not the place of residence.
What if the agency does not decide my application?
A preliminary complaint is filed with the county agency and, if needed, with the national agency. If silence continues, an action before the administrative court follows.
What does a cross-border file mean here?
A file with a link to another state through residence, employer or contributions. It is not a ground for refusal, only for applying the EU coordination rules.
Can benefits for the same child be received in two states?
Not cumulatively. The Regulation sets an order of priority between states, and the secondary state may at most pay a differential supplement.
How long does it take?
The application follows the deadlines in Ordinance no. 111/2010, but cross-border files often drag because of the exchange of information between institutions. A preliminary complaint shortens that.
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