Parental Benefits in the Coordination Regulation: (Where) Do They Fit in? The Swedish Example

Abstract

In this article the issue of coordination of parental benefits in cross-border situations, with the Swedish example in focus, is analysed. There are no specific provisions in the Coordination Regulations concerning these benefits.

At the national level, parental benefits can be a mix between individual, income-related benefits (similar to maternity/paternity benefits) and family-oriented, residence-based family benefits. The classification of a benefit is of importance in solving issues like aggregation of insurance periods, exportability and the overlapping of benefits, and the result may differ depending on which classification is made. The situation of the family members may also be affected.

Sweden has had particular problems relating to the coordination of parental benefits, which can be partly explained by the fact that Swedish parental benefit has been classified as a family benefit for the purposes of the Coordination Regulations. The problems of coordination have been raised in cases referred to the CJEU and in recent developments in national law. The Swedish example is also used in this article to raise some general questions in the area of maternity/paternity benefits and family benefits.