(edit title) Parental leave benefit, payment level CHANGED! Your previous salary in the EU will be used Options

[Taxalien]

Just by accident I browsed the most recent judgements from the highest administrative court in Sweden.

On the 23rd July this year a topic was decided in favour of an immigrant who had previously been denied to have her parental leave benefit calculated taking in consideration the salary she had had in another EU/EES country, in the 12 months leading up to giving birth.

Those of us who have been down this route know that if you had steady work abroad, in the EU, and then return back here and take time off with kids will not get föräldrapenning at the sjukpenningsnivå, but rather just get some piss amount not even worth applying for.

So for those of you who have a BESLUT now is your time to appeal.

Judgement case here:

http://www.hogstaforvaltningsdomstolen.se/...uli/5404-08.pdf

SKÄLEN FÖR AVGÖRANDET
Av EU-domstolens förhandsavgörande framgår att unionsrätten innebär att hela
den kvalifikationstid om 240 dagar för rätt till föräldrapenning på sjukpenningnivå
som anges i 4 kap. 6 § andra stycket AFL kan fullgöras genom arbete i Schweiz.
Av utredningen i målet framgår att AA har förvärvsarbetat i Schweiz minst 240
dagar i följd före barnets födelse. I målet har inte ifrågasatts att hennes inkomst i
Schweiz åtminstone motsvarade den nivå som krävs för att vara försäkrad för en
sjukpenning över lägstanivån. AA har därmed fullgjort kvalifikationstiden för rätt
till föräldrapenning på sjukpenningnivå.
DOM 7
Mål nr
5404-08
Av förhandsavgörandet framgår vidare att unionsrätten också ställer krav på att
beräkningen av sådan föräldrapenning ska, när den utges till en person som fullgjort
hela kvalifikationstiden i Schweiz, göras med hänsyn till inkomsten för en
person som i Sverige utövar ett förvärvsarbete som är jämförbart med sökandens.
Det fordras också att jämförelsen görs med en person vars yrkeserfarenhet och
yrkeskvalifikationer är jämförbara med sökandens. AAs föräldrapenning ska
således baseras på en sjukpenninggrundande inkomst som fastställs med
beaktande av arbetet i Schweiz i enlighet med de principer som anges i
förhandsavgörandet och med tillämpning av bestämmelserna om skydd för sådan
inkomst i 3 kap. 5 § tredje stycket 5 och 4 kap. 6 § femte stycket AFL. Det
ankommer på Försäkringskassan att göra de beräkningar som erfordras.

Hope it helps a lot of you. I know it can be very hard to find a job here...

[erlingormar]

I heard of this recently... if anyone has actually gone through the application process recently, and received benefits based on income in another EU/EES country, I'd be ecstatic to hear about their experiences!

I have a lot of remaining days to use as parental leave, but as noted above, the default amount (when you haven't worked in SE for 240+ days) is hardly worth the work to apply for it.

[Taxalien]

You should apply and you should appeal renumeration you got before this judgement.

The old calculation basis is clearly wrong.

[Puffin]

I have a lot of remaining days to use as parental leave, but as noted above, the default amount (when you haven't worked in SE for 240+ days) is hardly worth the work to apply for it.

You don't want 5400 SEK per month of free money?

[tuborgian]

I worked for approximately 180 days in sweden before going on maternity leave. I provided full details of my salary over 3 years in the UK with my application and got the full amount of maternity benefit.

I accepted my job in sweden 6 months before starting it. I could have been left in a position of receiving very little maternity benefit despite working myself stupid for many years, as would have happend if I had been changing jobs and getting pregnant at the "wrong" time in the UK. Thank god for some understanding and helpful people at the FK.

If the rules are set up and specifically say that work in another EU country counts, then they should be followed. I don't understand why people should be grateful to receive the lower amount when they have been working and contributing for a long time.

[redblue]

I can only speak for myself, but I'm not particularly happy of freeloaders, having not contributed anything or only minuscule amounts the the Swedish system, taking advantage of us hard-working Swedish taxpayers. Given the nature of freeloaders, they are parasites of the system and are never grateful.

[tuborgian]

I think the idea is that it is a reciprocal arrangment, so that a swede can use (or "freeload") the welfare system of another EU system. I find the idea of receiving money when you are bringing up a child as "freeloading" to be horrible. It's not the same as refusing to get a job and going down the pub with the dole money. By the way, you do know that are no nurseries for children under 1 year old here, so it is next to impossible for the mother or both parents to have a job and the idea of a mother and child having to exist on the minimum amount (just over 5000 Kr a month) is horrendous. Even in a two-parent family, that will put a lot of pressure on the one working parent.

I understand that different EU countries have different welfare systems and of course are open to different ways of exploitation. In Sweden the maternity/paternal benefit is very generous, but it will end and you will have to get a job to effectively pay it back (if you try to jump the country, I believe they do and will expect you to pay it back). In the UK though, the maternity benefit (do they have paternal benefit now?) is much smaller, but if a swedish woman living an british man decides not to return to work, she will be able to collect all manner of government benefits if she knows the system for many many years depending on her attitude to work. "Freeloading" can happen the other way too.

[redblue]

I think the idea is that it is a reciprocal arrangment, so that a swede can use (or "freeload") the welfare system of another EU system.

Swedes can't freeload UK taxpayers of hundreds of thousands of kronor in parental leave pay, having not contributed a penny to the system, simply because the system is not as generous abroad.

By the way, you do know that are no nurseries for children under 1 year old here, so it is next to impossible for the mother or both parents to have a job and the idea of a mother and child having to exist on the minimum amount (just over 5000 Kr a month) is horrendous.

Again, I can't quite understand why one finds it "horrendous" to get money from hard working Swedish citizens, having not contributed anything to the system oneself.

I understand that different EU countries have different welfare systems and of course are open to different ways of exploitation.

I totally agree! Such as in this case when foreign citizens can chose to move to Sweden for a couple of years to extract hundreds of thousands of kronor from Swedish taxpayers.

In Sweden the maternity/paternal benefit is very generous, but it will end and you will have to get a job to effectively pay it back (if you try to jump the country, I believe they do and will expect you to pay it back).

Obviously, freeloaders are free to leave once they have extracted the maximum amount possible, without any repercussions whatsoever.

[Somebody]

I would appreciate some sort of clarification here.

I have been working here for a year now and my sambo ha never worked in Sweden

Say she gets pregnant.
Are we allowed to 240 working days of parental leave each?
Min 60 days for one of the parents and since she is not working she is still entitled
to minimum rate of 180 crowns per day?

Thanks in advance.

[ahm]

180 Kr per days is before skatte ,,Each Kummon has its skatte according to Skatteverket and Forsakringar System

So, usually if live in Stockholm 180 kr will be 105 kr per day approx.

So its approx.3,150 kr per month ,,, Its not 5,400 kr per month ,,,,

[Puffin]

I don't think you have taken account of the tax-free personal allowance in these figures. Most tax-payers will get over 4000 per month

Also the state makes pension contributions while you are receiving it

[byke]

I have never done a UK / Sweden comparison in terms of benefits and kids.
But if we look at the system in the UK, then.

£71 per week (tax free?) unemployment benefit.
Housing Benefit
Child benefits.

They are just a few I can think off the top of my head.
Are they that different to those being discussed?
Especially when a majority of shopping such as food and clothes is allot cheaper in the UK.

[ahm]

I don't think you have taken account of the tax-free personal allowance in these figures. Most tax-payers will get over 4000 per monthAlso the state makes pension contribu ... (show full quote)

I don't think you have taken account of the tax-free personal allowance in these figures. Most tax-payers will get over 4000 per month

Also the state makes pension contributions while you are receiving it ... (hide full quote)

You can ask skatteverket , it depends on your kummon ,and i dont think that any one will exceed 4,000 kr per month ,ofcourse im talking about minimum payment if never worked . No body will receive 180 kr per day ,Taxes apply on your benefits ,

Thats the personal benefits payment ,im talking here. Housing benefits depends on your income mainly and kummon and how many children you have secondly

[Somebody]

thanks guys, I forgot that nothing is tax free in Sweden

Anyway, going back to my subject is this possible to split it like:
2 months taken by me with 80% of my salary and 14 months
taken by my sambo with minimum 180 crowns per day before tax?

[ahm]

8 months working as minimum to get 80% of average and 180 per day before tax if less than that or never worked ,,means its individually , you take 1st category as you worked more than 8 months (80%) and your sambo will get 180 kr per day before tax ,thats it for personal benefits wich we are talking about , not housing,,,,etc.