In accordance with the withdrawal agreement, g Latvian citizens and aliens who resided and worked in the United Kingdom prior to 31 December 2020, and have continued to reside and work in the UK since 1 January 2021, will be further entitled to the benefits awarded to them in the UK, including family benefits, and will be entitled to request other benefits, as per Regulation 883/2004.
For example, if losing employment in the UK, these individuals will be able to request that the unemployment benefit awarded to them in the UK be exported as they return to Latvia, and seek employment here.
There will be changes affecting those citizens of the European Union and the UK who move from the EU to the UK, and vice versa, starting from 1 January 2021. The rights of these individuals pertaining to social security will be governed by the Protocol on Social Security Coordination of the Trade and Cooperation Agreement (‘Protocol’).
The Protocol does not provide for the export of unemployment benefits. Thus, the State Social Insurance Agency (VSAA) will henceforth not issue the U2 document to the citizens and aliens of Latvia who choose to go to the UK to seek employment after 1 January 2021 and who receive an unemployment benefit in Latvia.
The Protocol does not apply to family benefits and long-term care benefits (in Latvia this is a benefit for persons with disability who require care). As a result of this, the right of EU citizens who arrive to the UK starting from 1 January 2021 to receive these benefits is solely determined by the national law of the UK. This means that individuals who permanently move to the UK after 1 January 2021 may become entitled to family benefits only if they reside and work in the UK for a certain minimum amount of time.
With regards to health, maternity and paternity benefits, work accident and occupational disease benefits, the Protocols requires the use of aggregation of periods provisions, establishing the right to such benefits and to receive such benefits if the person lives outside the country where the person is entitled to receive and has been awarded the benefit. The aggregation of periods also applies when determining the right to unemployment benefits.
Persons who simultaneously or alternately work in the UK and the EU will continue to be required to pay social security contributions in only one of the states. The Protocol also governs the application of regulations for sending and assigning employees. The VSAA will issue a document confirming the applicability of Latvian law to persons who in accordance with the Protocol are subject to Latvian law.
See ‘European Union’ section of the VSAA website for information about the application of Regulation 883/2004.
For information about the government services provided in the UK and other details related to residency, finding work and employment in the UK, visit the website of the UK government at www.gov.uk.