Brexit had a first phase with the agreement called the Withdrawal Agreement (hereinafter WA), which entered into force on February 1, 2020.
On December 24, 2020, an agreement on trade and cooperation was concluded (Trade and Cooperation Agreement, hereinafter TCA).
The Protocol on social security coordination, hereinafter PSSC, forms an integral part of this agreement.
The Italian national social security institute (INPS), with circular 98/2021, provided the first operational indications regarding social safety nets in application of the PSSC.
First of all, it should be noted that the subjective application of the PSSC is more extensive than WA: not only for EU and British citizens, but for all “persons, including stateless persons and refugees, who are or have been subject to the legislation of one or more States, as well as their family members and survivors ”.
Where a State requires for the indemnity
- periods of insurance,
- employment or self-employed activity
it takes into account the periods of insurance, employment or self-employment accrued under the legislation of any other State.
If the calculation of indemnity is based on the amount of the salary or previous professional income, the State takes into account the last employed or self-employed activity.
The PSSC excludes family indemnity from its material scope.
Consequently, in the relations between Italy and the United Kingdom, the national legislation on family benefits will apply and therefore, for Italy, the provisions of Article 2, paragraph 6-bis, of Law Decree 69/1988.
Sickness, maternity and paternity indemnities
For the purpose of recognizing the right to these indemnities, it will be possible to aggregate the insurance periods deriving from work carried out in the United Kingdom with the insurance periods completed in Italy.