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SOCIAL SECURITY, HEALTHCARE AND HEALTH PROFESSIONALS

SOCIAL SECURITY

Pensions

Calculating contribution periods

I have contribution periods registered in Spain and in the United Kingdom. Will these periods be taken into account to determine my eligibility to receive a pension when the United Kingdom leaves the EU?

With an agreement

Yes, they will be taken into account in accordance with applicable European law.

Without an agreement

The Spanish Government's contingency measures will take into account proven periods of employment in the United Kingdom for calculating pensions in Spain. This will be done on a transitional basis until an agreement is signed. The application and eligibility conditions for pensions will be those established by Spanish law, and in accordance with the requirements of European Union Regulations. Calculation of pensions in the United Kingdom depends on the measures adopted by the UK authorities.


Payment of pensions

I receive a Spanish or British pension and live in the United Kingdom, Spain or another Member State. Will my pensions be paid after the UK leaves the EU?

With an agreement

Yes, during the transition period pensions will continue to be paid under the exportability principle provided for by the European regulations.

Without an agreement

Spain and the United Kingdom will apply their national legislation. The Spanish Government's contingency measures include the payment of pensions recognised by the Spanish authorities in the recipient's place of residence.


Unemployment benefits

I have contribution periods in Spain and in the United Kingdom. Are these periods taken into account to determine eligibility for unemployment benefit when the United Kingdom leaves the EU?

With an agreement

During the transition period, the current situation with respect to eligibility for unemployment benefits will be maintained.

Without an agreement

The Spanish Government's contingency measures will take into account the periods of employment in the United Kingdom to determine eligibility for unemployment benefit in Spain and other benefits under certain conditions. Eligibility for unemployment benefits in the United Kingdom depends on its national legislation.

I am a citizen of the EU and a frontier worker in the United Kingdom living in Spain

With an agreement

During the transition period, the current situation with respect to eligibility for unemployment benefits will be maintained.

Without an agreement

To make it easier to access the different unemployment benefits in Spain, the Spanish Government's contingency measures will allow proven contribution periods for unemployment benefit in the United Kingdom to be taken into account as if these contributions had been made in Spain, on a transitional basis until the signing of an agreement. The application and eligibility conditions for unemployment benefit will be those established by Spanish law, and in accordance with the requirements of European Union Regulations.

 

HEALTHCARE
                                                                                    

At present, under European Union Law Spanish citizens in the United Kingdom and UK citizens in Spain have the rights to healthcare that they are entitled to under the healthcare legislation established in the country where the healthcare is provided, by application of the principle of non-discrimination.

The following are the most common cases of healthcare provision in the country of stay or residence: healthcare needed in the case of a temporary stay in another country for reasons of holidays, studies, etc. using the European Health Insurance Card (EHIC); healthcare programmed for specific treatment with the S2 form; and assistance provided for pensioners living in another country, workers on secondment, frontier workers, civil servants, etc. with form S1. All these forms are administered by the National Social Security Institute (INSS).

With an agreement

Social Security Coordination Regulations No. 883/2004 and No. 987/2009 will remain in force until 31 December 2020 (including the provisions referring to sickness benefits). They specify the various cases of patient mobility that may occur after the end of the transition period in 2020, in relation to planned medical treatment (form S2) and unplanned treatment (TSE).

Without an agreement

The various bilateral agreements between the United Kingdom and the different Member States will establish the rules for coverage provided by social security benefits.
In any event, the Spanish Government is working to ensure that the United Kingdom guarantees healthcare provision for Spanish citizens in the United Kingdom. Contingency measures are planned to guarantee healthcare provision for British citizens in Spain starting on the date of the UK's withdrawal from the European Union if there is no agreement.


THE HEALTH CARD, PRESCRIPTIONS AND MEDICAL HISTORY   

I now have a health card and am eligible to receive healthcare services if I need them. What will happen after withdrawal? Will I be able to receive treatment?

With an agreement

Holders of a health card have will retain their rights, unless specific bilateral agreements are adopted between the United Kingdom and the Kingdom of Spain.

Without an agreement

If you have a Health Card (Tarjeta Sanitaria) issued by the Spanish National Health System, it is because you meet legally established criteria under Spanish law to be eligible for the card. Your individual situation will not change because the United Kingdom is not part of the EU.
If you do not have a Spanish health card, the same criteria will apply as those established by Royal Decree Law 7/2018 of 27 July on universal access to the Spanish National Health System.

What will happen to my medical history data?

With an agreement

Holders of a health card have will retain their rights, unless specific bilateral agreements are adopted between the United Kingdom and the Kingdom of Spain.

Without an agreement

The information available in interoperable electronic format from any public health service in Spain will remain at your disposal. You may access it for consultation any time you wish, provided you have an electronic ID. This information will also remain available for the Spanish public health services if they need to access it for the purpose of providing you with medical care.

What if they have to write me a prescription?

If you have a Spanish health card, whether or not there is a Withdrawal Agreement, you will be entitled to receive official medical prescriptions within the Spanish National Health Service as has been the case until now, with the corresponding level of co-payment. These prescriptions can be used at any chemist's within Spain.
If you do not have a health card, you may receive prescriptions not financed by the Spanish National Health System.


EMPLOYMENT IN THE HEALTHCARE PROFESSIONS

If I am a healthcare professional with qualifications obtained in the United Kingdom and am interested in working within my profession in Spain.

To what authority must I submit my application for recognition of my professional qualifications?

The Ministry of Health, Consumption and Social Well-being is the Spanish body with authority to recognise professional qualifications obtained in other Member States of the EU, and specifically to process and resolve applications for eligibility to work in Spain within the regulated professions in accordance with Annex X of Royal Decree 1837/2008 of 8 November, which transposed into Spanish law Directive 2005/36/EC, of the European Parliament and of the Council of 7 September 2005, as well as the rules governing General Health Psychologists (Seventh Additional Provision of Law 33/2014 of 4 October, on General Public Health).

What department of the Ministry of Health, Consumption and Social Well-being is responsible for recognising foreign degrees for professional work purposes and thus allowing foreign healthcare professionals to work in Spain?

The Directorate-General for Regulation of the Professions is responsible for recognising foreign degrees for the purpose of working in the healthcare professions in cases where the Ministry of Education and Vocational Training and the Ministry of Science, Innovation and Universities do not have competence.

Once recognition is obtained, can I start to work in my profession?

Obtaining recognition does not of itself mean that the applicant meets the remaining conditions required to work in a regulated profession, such as nationality, membership of a professional association or being in possession of a residence or work permit.

The Spanish Government plans to take contingency measures in this respect.

If there is a Withdrawal Agreement, what procedure do I have to follow to request recognition of my degree?
During the transition period (until 31 December 2020), the rules of the European Union will continue to apply, so the qualifications obtained in the United Kingdom will continue to benefit from European regulations recognising professional qualifications obtained in other Member States of the European Union.

You can find more information on the procedure to follow on the website of the Ministry of Health, Consumption and Social Well-being.

If the UK exits without a Withdrawal Agreement, what procedure do I have to follow to request recognition of my degree?

With the definitive exit of the UK from the European Union on 29 March 2019, diplomas and/or degrees will be handled by the Ministry of Science, Innovation and Universities.

Specialist degrees will be managed under Royal Decree 459/2010 of 16 April, regulating the recognition for professional purposes of specialist foreign degrees in the Health Sciences obtained in non-Member States of the EU, which implements Article 18 of Law 44/2003 of 21 December on the regulation of the healthcare professions.

You can find more information on the procedure to follow on the website of the Ministry of Health, Consumption and Social Well-being.

We recommend that you should start the recognition process of your degree right now. The Spanish Government plans to establish contingency measures for recognition processes already underway.

Is there any difference in the procedure depending on the nationality of the third-party applicant?

Recognition for professional purposes of a specialist degree from a third country is based on the verification of the competencies and skills acquired. This is independent of the nationality of the applicant.
Access to specialist healthcare training.

What impact will Brexit have on access to the calls for applications for selective tests to access places on specialised healthcare training courses?

The aspects related to nationality are included in the Specifications for applicants in the Order approving the offer of places on courses and the call for applications for selection tests in 2018 for access in 2019 to places on specialist healthcare training courses for doctors, pharmacists, nurses and other university degree holders in the area of Psychology, Chemistry, Biology and Physics.

The Order for the call for applications for places in 2020 will probably be published in September 2019. It will specify the requirements for citizens of the United Kingdom.

The Spanish Government plans to take contingency measures in this respect.

Non official translation