92002E1049

WRITTEN QUESTION E-1049/02

by Claude Moraes (PSE) to the Commission

(18 April 2002)

Subject: Free movement of persons and death grants in the EU

My constituent, the mother of a British national who died while working and residing in Holland, has had her request for a funeral payment legally rejected by a British benefits agency after her son's body was returned to the UK for burial, which she organised. This rejection was in spite of the fact that she receives income support, and is valid on the grounds that the deceased had not been resident in the UK at the time of his death.

Does the Commission concede that this represents a serious anomaly with regards to the values and working necessities of a European Union of free movement of persons?

Will the Commission consider that Regulation 1408/71(1) must be amended in order to prevent this situation from being allowed to recur? Citizens financially unable to cover the costs of a funeral can not be left with such a burden resulting directly from the union of Europe.

At this time, is there any compensation that Europe can provide for those affected by this shortcoming?

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 June 2002)

The Honourable Member refers to a British national who was responsible for the funeral of her son who was working and residing in the Netherlands where he died. The mother's request for a funeral grant was refused because the dead person had not been resident in the United Kingdom when he died, although she was receiving income support (a qualifying benefit).

Under British law in order to qualify for a funeral grant two conditions must be fulfilled:

- the person organising the funeral must be in receipt of a qualifying benefit such as income support;

- the dead person must have been ordinarily resident in the United Kingdom.

Regulation (EEC) No 1408/71(1) which applies to the present situation does contain provisions on death grants, which are defined as any once-for-all payment in the event of death (Article 1(v)), which would in principle cover the British funeral payment. Since the deceised son was working in the Netherlands, however, in principle only the Dutch legislation was applicable on the basis of this Regulation and it should be noted that the Dutch social security legislation does not provide for death grants.

It should be recalled in this respect that Regulation (EEC) No 1408/71 on the co-ordination of social security systems for people who move within the Community co-ordinates the social security systems of the Member States, rather than harmonising them. As a result the Member States remain free to organise and finance their social security systems as they see fit, as long as basic principles of Community law, such as non-discrimination, are respected.

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security to employed persons and their families moving within the Community, OJ L 149, 5.7.1971.