Royal Decree: concurrence of Belgian unemployment benefit and Dutch AOW
Response Minister Koolmees of Social Affairs and Employment
In response to raised parliamentary questions on this matter, Minister Koolmees indicated that he is familiar with this issue. The minister confirms that such a gap can arise due to differences in social security systems and that, based on EU case-law, a cross-border worker cannot assume that cross-border work will be neutral in terms of social security. Nevertheless, in case of unexpected consequences due to a frontier worker being covered by two different legal regimes, national bodies should reach a solution on the basis of loyal cooperation. According to the minister, the Van Munster, Engelbrecht and Leyman judgments in question refer to a different situation and are not comparable to this issue.
Based on the above, Minister Koolmees concluded that no action should be taken from the Netherlands. However, the Dutch ministry will hold talks with the Belgian ministry for clarification on the 15-year requirement.