Can the Allocations Familiale be claimed by a worker who is paying tax here in Belgium but on the expatriate concession system with no social security contributions being made? Of is it one or the other?
Q&A - child allowance available on the expatriate tax concession system?
Following the laws, it is your employers who opens the rights for you to get your "allocations famliales".
So you just need to check with your HR department if they are compliant with Belgian laws or not.
Jan 28, 2012
Thanks for your reply bu the problem is there is no HR dept as its a small company with only 3 people, 2 locals and the person in question. No one seems to know if the person is entitled or not.
Jan 28, 2012
Ask the company that does your payroll to be sure, but you should find that the answer is "no" - No entitlement to Belgian benefits if you don't pay Belgian social security.
Jan 28, 2012
If it's a case of paying tax here but social security in another EU country, it's usual for the EU country where social security is being paid to accept responsibility for child benefit and there are protocols which the countries follow to agree which country is responsible. If this is the case, residence of children and parents is not normally relevant, it is where the social security is paid that is (gets complicated when parents pay ss to 2 EU countries!) . Where tax is paid doesn't usually come into it if ever, just the social security, though don't quote me on that! I don't know what is likely to happen, if the social security is paid to a non EU country such as USA.
Jan 28, 2012
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