CBTM10211 | European Law: UK family benefits - Article 67 of Regulation (EC) 883/2004

Article 67 of Regulation (EC) No 883/2004, implemented by Article 60 Regulation (EC) No 987/2009

The provisions relating to family benefits are set out in Chapter 8, Articles 67-69 of Regulation (EC) 883/2004 and Chapter 6, Articles 58-61 of Regulation (EC) 987/2009.

Article 67 sets out the general principle that a person is entitled to claim family benefits, Child Benefit (ChB), Guardian’s Allowance (GA) and Child Tax Credit (CTC) in accordance with the legislation of the competent Member State including for family members resident in another EU Member State. Article 67 also provides that a pensioner shall be entitled to family benefits in accordance with the legislation of the Member State responsible for his pension.

Member of the family

Article 1(i) 1(i) of Council Regulation (EC) No 883/2004 directs that member of the family means any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which benefits are provided.

Child Benefit is paid to a person responsible for a child - s141 of the Social Security Contributions and Benefits Act (SSCBA).

The meaning of ‘person responsible for a child’ is defined in s143 of the SSCBA. A person is regarded as responsible for a child if they:

• have the child living with them

or

• are contributing to the upkeep of that child a weekly sum not less than the amount of child benefit payable for that week.

Therefore for Child Benefit, s143 of the SSCBA defines member of the family for the purposes of Article 1(i) 1(i) of 883/2004 as it details who is recognised as responsible for the child.

So, in order to engage Article 67 and claim Child Benefit in respect of a family member residing in another Member State, the claimant must contribute to the upkeep of that child a weekly sum not less than the amount of Child Benefit payable for that week.