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Social Security

Social Security

Old Nov 21st 2006, 11:02 am
  #1  
YMF
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Default Social Security

Hi
Has anyone any experience of registering into the Spanish system when employed by a UK company but living in Spain.
We know that the UK company continues to pay their contribution but under what basis would you contribute here?
We have had mixed advice, one says my husband needs to register as self employed, which he is not, the other says you register the same as someone employed by a Spanish company which of course he is not either.

It all seems a lot more straightforward if you are sent to work overseas than if you choose to just work from an overseas base. I thought the EU was supposed to make these things easier!

Yvonne
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Old Nov 21st 2006, 1:00 pm
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Default Re: Social Security

My husband works and pays into the UK system but we live in Spain.

It is essential to get the correct form from the DHSS in Newcastle. I can't remember the number of it but it's one that many people, often including the SS staff here in Spain, haven't heard of!

You need to take this with numerous photocopies of everything you can think of (I was asked for everything except my knicker label!) to your local SS office.

Once registered, you should be given a number and then a card will be sent to you.

It's not always as easy as it should be and having registered, when my son needed an OP, we found out we were no longer registered and we had awful problems. I would suggest that you have faith in the information you are given from Newcastle.The Spanish tried SS tried to tell me that I needed all sorts of different forms but in the end it was persistence (and not being able to afford the 14,000€ that the OP would have cost) that got us sorted.

As long as you are paying into the UK system,you are entitled to the same health care as a Spanish person.
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Old Nov 21st 2006, 1:35 pm
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Default Re: Social Security

Originally Posted by kayley
My husband works and pays into the UK system but we live in Spain.

It is essential to get the correct form from the DHSS in Newcastle. I can't remember the number of it but it's one that many people, often including the SS staff here in Spain, haven't heard of!
Thanks Kayley, I am not sure if our situation is quite the same, my husband has been told by Newcastle that he cannot pay into the UK system any longer but must register and pay his SS to Spain. He has been told that you can only continue to stay in the UK system for up to two years.
They have given us no forms just a letter saying you must register at your local SS office. Maybe we need to contact them again.

Yvonne
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Old Nov 21st 2006, 1:51 pm
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Default Re: Social Security

Aah, wasn't thinking, sorry. I suppose with him living here, he becomes liable to pay into the Spanish system. My husband falls just outside the number of days needed to become a resident as he travels back often.
If you live here you can claim against the last two years of contributions paid in the UK, so that is correct. I would still have thought you would need a form though. After that, it should be reasonably straightforward as you will certainly be entitled to SS. Nothing is simple though. Have fun!
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Old Nov 21st 2006, 8:08 pm
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Default Re: Social Security

Originally Posted by YMF
Thanks Kayley, I am not sure if our situation is quite the same, my husband has been told by Newcastle that he cannot pay into the UK system any longer but must register and pay his SS to Spain. He has been told that you can only continue to stay in the UK system for up to two years.
They have given us no forms just a letter saying you must register at your local SS office. Maybe we need to contact them again.

Yvonne
Your husband will probably have to register himself as 'Autonomo', self employed, here in Spain and pay the required contributions in to the Spanish system (about 250€ per month) which then gives you the ability to enter the Spanish SS system. He should be able to receive his money here without having NHS or tax deductions made, effectively paying them to Spain instead.
Pm me if you want the name of local English speaking solicitor who may be able to clarify or steer you in the right direction.
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Old Nov 21st 2006, 10:27 pm
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Default Re: Social Security

Originally Posted by cdlcaretaking
Your husband will probably have to register himself as 'Autonomo', self employed, here in Spain and pay the required contributions in to the Spanish system (about 250€ per month) which then gives you the ability to enter the Spanish SS system. He should be able to receive his money here without having NHS or tax deductions made, effectively paying them to Spain instead.
Pm me if you want the name of local English speaking solicitor who may be able to clarify or steer you in the right direction.
Thanks Ben, we were hoping that he would not be classed as autonomo, he is only working 2 days a week, so his current NI payment in the UK is about a quarter of what he would have to pay here if that is the case.
I'll pm you for that contact

Yvonne
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Old Nov 21st 2006, 10:52 pm
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Default Re: Social Security

He wouldn't technically be able to register as self-employed (anywhere) if he's only working for one "client" (employer!).
Assume you've read
http://www.hmrc.gov.uk/cnr/osc.htm#1
and
http://www.hmrc.gov.uk/cnr/article-14.2.htm

Last edited by Hillybilly; Nov 21st 2006 at 11:04 pm.
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Old Nov 22nd 2006, 12:06 am
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Default Re: Social Security

Originally Posted by Hillybilly
He wouldn't technically be able to register as self-employed (anywhere) if he's only working for one "client" (employer!).
Assume you've read
http://www.hmrc.gov.uk/cnr/osc.htm#1
and
http://www.hmrc.gov.uk/cnr/article-14.2.htm
I am an autonomo in Spain and I only have one client (employer). Most people in my company are the same. It has never been brought up as an issue by the relevant authorities.
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Old Nov 22nd 2006, 9:08 am
  #9  
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Default Re: Social Security

If you only have one client/employer then you are an employee. Same in Spain as in the UK.
A tactic many "employers" (esp estate agents) use to avoid issuing contracts of employment, paying national insurance, giving paid holidays, sick pay, paying the minimun wag (or, indeed any wage for commission only positions) etc etc is to "persuade" all their "employees" to become self-employed. They therefore have all the advantages of a workforce with none of the disadvantages/risks.
When Hacienda sees someone's income coming from just one source they will start asking questions, unless your "employer" has found a sneaky way round it by paying you under various guises.
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