(a) employed person andself-employed person mean respectively:(i) any person who is insured, compulsorily or on an optional continued basis, for one or more of the contingencies covered by the branches of a social security scheme for employed or self-employed persons or by a special scheme for civil servants; (ii) any person who is compulsorily insured for one or more of the contingencies covered by the branches of social security dealt with in this Regulation, under a social security dealt with in this Regulation, under a social security scheme for all residents or for the whole working population, if such person: can be identified as an employed or self-employed person by virtue of the manner in which such scheme is administered or financed, or, failing such criteria, is insured for some other contingency specified in Annex I under a scheme for employed or self-employed persons, or under a scheme referred to in (iii), either compulsorily or on an optional continued basis, or, where no such scheme exists in the Member State concerned, complies with the definition given in Annex I;
(iii) any person who is compulsorily insured for several of the contingencies covered by the branches dealt with in this Regulation, under a standard social security scheme for the whole rural population in accordance with the criteria laid down in Annex I; (iv) any person who is voluntarily insured for one or more of the contingencies covered by the branches dealt with in this Regulation, under a social security scheme of a Member State for employed or self-employed persons or for all residents or for certain categories of residents: if such person carries out an activity as an employed or self-employed person, or if such person has previously been compulsorily insured for the same contingency under a scheme for employed or self-employed persons for the same Member State;
(b) frontier worker means any employed or self-employed person who pursues his occupation in the territory of a Member State and resides in the territory of another Member State to which he returns as a rule daily or at least once a week; however, a frontier worker who is posted elsewhere in the territory of the same or another Member State by the undertaking to which he is normally attached, or who engages in the provision of services elsewhere in the territory of the same or another Member State, shall retain the status of frontier worker for a period not exceeding four month, even if he is prevented, during that period, from returning daily or at least once a week to the place where he resides;(c) seasonal worker means any employed person who goes to the territory of a Member State other than the one in which he is resident to do work there of a seasonal nature for an undertaking or an employer of that State for a period which may on no account exceed eight month, and who stays in the territory of the said State for the duration of this work; work of a seasonal nature shall be taken to mean work which, being dependent on the succession of the seasons, automatically recurs each year;(ca) student means any person other than an employed or self-employed person or a member of his family or survivor within the meaning of this Regulation who studies or receives vocational training leading to a qualification officially recognised by the authorities of a Member State, and is insured under a general social security scheme or a special social security scheme applicable to students;(d) refugee shall have the meaning assigned to it in Article 1 of the Convention of the Status of Refugees, signed at Geneva on28 July 1951 ;(e) stateless person shall have the meaning assigned to it in Article 1 of the Convention on the Status of Stateless Persons, signed in New York on28 September 1954 ;(f) (i) member of the family means any person defined or recognized as a member of the family or designated as a member of the household by the legislation under which benefits are provided or, in the cases referred to in Articles 22 (1) (a) and 31, by the legislation of the Member State in whose territory such person resides; where, however, the said legislations regard as a member of the family or a member of the household only a person living under the same roof as the employed or self-employed person or student, this condition shall be considered satisfied if the person in question is mainly dependent on that person. Where the legislation of a Member State does not enable members of the family to be distinguished from the other persons to whom it applies, the term " member of the family" shall have the meaning given to it in Annex I;(ii) where, however, the benefits concerned are benefits for disabled persons granted under the legislation of a Member State to all nationals of that State who fulfil the prescribed conditions, the term "member of the family" means at least the spouse of an employed or self-employed person or student and the children of such person who are either minors or dependent upon such person;
(g) survivor means any person defined or recognized as such by the legislation under which the benefits are granted; where, however, the said legislation regards as a survivor only a person who was living under the same roof as the deceased, this condition shall be considered satisfied if such person was mainly dependent on the deceased;(h) residence means habitual residence;(i) stay means temporary residence;(j) legislation means in respect of each Member State statutes, regulations and other provisions and all other implementing measures, present or future, relating to the branches and schemes of social security covered by Article 4 (1) and (2) or those special non-contributory benefits covered by Article 4 (2a).The term excludes provisions of existing or future industrial agreements, whether or not they have been the subject of a decision by the authorities rendering them compulsory or extending their scope. However, in so far as such provisions: (i) serve to put into effect compulsory insurance imposed by the laws and regulations referred to in the preceding subparagraph; or (ii) set up a scheme administered by the same institution as that which administers the schemes set up by the laws and regulations referred to in the preceding subparagraph,
the limitation on the term may at any time be lifted by a declaration of the Member State concerned specifying the schemes of such a kind to which this Regulation applies. Such a declaration shall be notified and published in accordance with the provisions of Article 97. The provisions of the preceding subparagraph shall not have the effect of exempting from the application of this Regulation the schemes to which Regulation No 3 applied. The term "legislation" also excludes provisions governing special schemes for self-employed persons the creation of which is left to the initiatives of those concerned or which apply only to a part of the territory of the Member State concerned, irrespective of whether or not the authorities decided to make them compulsory or extend their scope. The special schemes in question are specified in Annex II; (ja) "special scheme for civil servants" means any social security scheme which is different from the general social security scheme applicable to employed persons in the Member States concerned and to which all, or certain categories of, civil servants or persons treated as such are directly subject; (k) social security convention means any bilateral or multilateral instrument which binds or will bind two or more Member States exclusively, and any other multilateral instrument which binds or will bind at least two Member States and one or more other States in the field of social security, for all or part of the branches and schemes set out in Article 4 (1) and (2), together with agreements, of whatever kind, concluded pursuant to the said instruments;(l) competent authority means, in respect of each Member State, the Minister, Ministers or other equivalent authority responsible for social security schemes throughout or in any part of the territory of the State in question;(m) Administrative Commission means the commission referred to in Article 80;(n) institution means, in respect of each Member State, the body or authority responsible for administering all or part of the legislation;(o) competent institution means:(i) the institution with which the person concerned is insured at the time of the application for benefit; or (ii) the institution from which the person concerned is entitled or would be entitled to benefits if he or a member or members of his family were resident in the territory of the Member State in which the institution is situated; or (iii) the institution designated by the competent authority of the member State concerned; or (iv) in the case of a scheme relating to an employer's liability in respect of the benefits set out in Article 4 (1), either the employer or the insurer involved or, in default thereof, a body or authority designated by the competent authority of the Member State concerned;
(p) institution of the place of residence andinstitution of the place of stay means respectively the institution which is competent to provide benefits in the place where the person concerned resides and the institution which is competent to provide benefits in the place where the person concerned is staying, under the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Member State in question;(q) competent State means the Member State in whose territory the competent institution is situated;(r) periods of insurance means periods of contribution or period of employment or self-employment as defined or recognized as periods of insurance by the legislation under which they were completed or considered as completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance; periods completed under a special scheme for civil servants are also considered as periods of insurance;(s) periods of employment andperiods of self-employment means periods so defined or recognized by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or of self-employment; periods completed under a special scheme for civil servants are also considered as periods of employment;(sa) periods of residence means periods as defined or recognized as such by the legislation under which they were completed or considered as completed;(t) benefits andpensions mean all benefits and pensions, including all elements thereof payable out of public funds, revalorization increases and supplementary allowances, subject to the provisions of Title III, as also lump-sum benefits which may be paid in lieu of pensions, and payments made by way of reimbursement of contributions;(u) (i) the term family benefits means all benefits in kind or in cash intended to meet family expenses under the legislation provided for in Article 4 (1) (h), excluding the special childbirth or adoption allowances referred to in Annex II;(ii) family allowances means periodical cash benefits granted exclusively by reference to the number and, where appropriate, the age of members of the family;
(v) death grants means any once-for-all payment in the event of death exclusive of the lump-sum benefits referred to in subparagraph (t).
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community
Modified by
- Council Regulation (EC) No 1290/97of 27 June 1997, 31997R1290, July 4, 1997
- Council Regulation (EC) No 1223/98of 4 June 1998, 31998R1223, June 13, 1998
- Council Regulation (EC) No 1606/98of 29 June 1998, 31998R1606, July 25, 1998
- Council Regulation (EC) No 307/1999of 8 February 1999, 31999R0307, February 12, 1999
- Council Regulation (EC) No 1399/1999of 29 April 1999amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, 31999R1399, June 30, 1999
- Regulation (EC) No 1386/2001 of the European Parliament and of the Councilof 5 June 2001amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71(Text with EEA relevance), 32001R1386, July 10, 2001
- Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T/ACT, September 23, 2003
- Regulation (EC) No 631/2004 of the European Parliament and of the Councilof 31 March 2004amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification of procedures(Text with relevance for the EEA and for Switzerland), 32004R0631, April 6, 2004
- Regulation (EC) No 883/2004 of the European Parliament and of the Councilof 29 April 2004on the coordination of social security systems(Text with relevance for the EEA and for Switzerland), 32004R0883, April 30, 2004
- Regulation (EC) No 647/2005 of the European Parliament and of the Councilof 13 April 2005amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, 32005R0647, May 4, 2005
- Regulation (EC) No 629/2006 of the European Parliament and of the Councilof 5 April 2006amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71(Text with EEA relevance), 32006R0629, April 27, 2006
- Council Regulation (EC) No 1791/2006of 20 November 2006adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, 32006R1791, December 20, 2006
- Regulation (EC) No 1992/2006 of the European Parliament and of the Councilof 18 December 2006amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(Text with EEA relevance), 32006R1992, December 30, 2006
- Regulation (EC) No 592/2008 of the European Parliament and of the Councilof 17 June 2008amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(Text with EEA relevance), 32008R0592, July 4, 2008
(a) sickness and maternity benefits; (b) invalidity benefits, including those intended for the maintenance or improvement of earning capacity; (c) old-age benefits; (d) survivors' benefits; (e) benefits in respect of accidents at work and occupational diseases; (f) death grants; (g) unemployment benefits; (h) family benefits.
(a) which are intended to provide either: (i) supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in paragraph 1, and which guarantee the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned; or (ii) solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned, and
(b) where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits provided to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone; and (c) which are listed in Annex IIa.
(a) two or more Member States exclusively, or (b) at least two Member States and one or more other States, where settlement of the cases concerned does not involve any institution of one of the latter States.
(a) any convention adopted by the International Labour Conference which, after ratification by one or more Member States, has entered into force; (b) the European Interim Agreements on Social Security of 11 December 1953 concluded between the Member States of the Council of Europe.
(a) the provision of the Agreements of 27 July 1950 and30 November 1979 concerning social security for Rhine boatmen;(b) the provisions of the European Convention of 9 July 1956 concerning social security for workers in international transport;(c) certain provisions of social security conventions entered into by the Member States before the date of application of this Regulation provided that they are more favourable to the beneficiaries or if they arise from specific historical circumstances and their effect is limited in time if these provisions are listed in Annex III.
(a) a person employed in the territory of one Member State shall be subject to the legislation of that State even if he resides in the territory of another Member State or if the registered office or place of business of the undertaking or individual employing him is situated inthe territory of another Member State; (b) a person who is self-employed inthe territory of one Member State shall be subjected to the legislation of that State even if he resides inthe territory of another Member State; (c) a person employed onboard a vessel flying the flag of a Member State shall be subject to the legislation of the State; (d) civil servants and persons treated as such shall be subject to the legislation of the Member State to which the administrationemploying them is subject; (e) a person called up or recalled for service inthe armed forces, or for civilian service, of a Member State shall be subject to the legislation of that State. If entitlement under that legislation is subject to the completion of periods of insurance before entry into or after release from such military or civilian service, periods of insurance completed under the legislation of any other Member State shall betaken into account, to the extent necessary, as if they were periods of insurance completed under the legislation of the first State. The employed or self-employed person called up or recalled for service in the armed forces or for civilian service shall retain the status of employed or self-employed person; (f) a personto whom the legislation of a Member State ceases to be applicable, without the legislation of another Member State becoming applicable to him in accordance with one of the rules laid down in the aforegoing subparagraphs or inaccordan ce with one of the exceptions or special provisions laid down in Articles 14 to 17 shall be subject to the legislationof the Member State in whose territory he resides in accordance with the provisions of that legislation alone.
1. (a) A person employed in the territory of a Member State by a undertaking to which he is normally attached who is posted by that undertaking to the territory of another Member State to perform work there for that undertaking shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of that work does not exceed 12 months and that he is not sent to replace another person who has completed his term of posting. (b) If the duration of the work to be done extends beyond the duration originally anticipated, owing to unforeseeable circumstances, and exceeds 12 months, the legislation of the first Member State shall continue to apply until the completion of such work, provided that the competent authority of the Member State in whose territory the person concerned is posted or the body designated by that authority gives its consent; such consent must be requested before the end of the initial 12-month period. Such consent cannot, however, be given for a period exceeding 12 months.
2. A person normally employed in the territory of two or more Member States shall be subject to the legislation determined as follows: (a) A person who is a member of the travelling or flying personnel of an undertaking which, for hire or reward or on its own account, operates international transport services for passengers or goods by rail, road, air or inland waterway and has its registered office or place of business in the territory of a Member State shall be subject to the legislation of the latter State, with the following restrictions: (i) where the said undertaking has a branch or permanent representation in the territory of a Member State other than that in which it has its registered office or place of business, a person employed by such branch or permanent representation shall be subject to the legislation of the Member State in whose territory such branch or permanent representation is situated; (ii) where a person is employed principally in the territory of the Member State in which he resides, he shall be subject to the legislation of that State, even if the undertaking which employs him has no registered office or place of business or branch or permanent representation in that territory.
(b) A person other than that referred to in (a) shall be subject: (i) to the legislation of the Member State in whose territory he resides, if he pursues his activity partly in that territory or if he is attached to several undertakings or several employers who have their registered offices or places of business in the territory of different Member States; (ii) to the legislation of the Member State in whose territory is situated the registered office or place of business of the undertaking or individual employing him, if he does not reside in the territory of any of the Member States where he is pursuing his activity.
3. A person who is employed in the territory of one Member State by an undertaking which has its registered office or place of business in the territory of another Member State and which straddles the common frontier of these States shall be subject to the legislation of the Member State in whose territory the undertaking has its registered office or place of business.
1. (a) A personn ormally self-employed inthe territory of a MemberState and who performs work in the territory of another Member State shall continue to be subject to the legislation of the firstMember State, provided that the anticipated duration of the work does not exceed 12 months. (b) If the duration of the work to be done extends beyond the duration originally anticipated, owing to unforeseeable circumstances, and exceeds 12 months, the legislation of the first Member State shall continue to apply until the completion of such work, provided that the competent authority of the Member State in whose territory the person concerned hasentered to perform the work in question or the body appointed by that authority gives its consent; such consent must be
2. A personn ormally self-employed inthe territory of two or more Member States shall be subject to the legislationof the Member State inwhose territory he resides if he pursues any part of his activity inthe territory of that Member State. If he does not pursue any activity inthe territory of the Member State inwhich he resides, he shall be subject to the legislationof the Member State in whose territory he pursue his mainactivity. The criteria used to determine the principal activity are laid down in the Regulation referred to in Article 98. 3. A person who is self-employed in an undertaking which has its registered office or place of business in the territory of one Member State and which straddles the common frontier of two Member States shall be subject to the legislationof the Member State in whose territory the undertaking has its registered office or place of business. 4. If the legislationto which a person should be subject in accordance with paragraph 2 or 3 does not enable that person, even on a voluntary basis, to join a pension scheme, the person concerned shall be subject to the legislationof the other Member State which would apply apart from these particular provisions, or should the legislations of two or more Member States apply in this way, he shall be subject to the legislation decided on by common agreement amongst the Member States concerned or their competent authorities.
1. A person employed by an undertaking to which he is normally attached, either in the territory of a Member State or on board a vessel flying the flag of a Member State, who is posted by that undertaking on board a vessel flying the flag of another Member State to perform work there for that undertaking shall, subject to the conditions provided in Article 14 (1), continue to be subject to the legislation of the first Member State. 2. A person normally self-employed, either in the territory of a Member State or on board a vessel flying the flag of a Member State and who performs work on his own account on board a vessel flying the flag of another Member State shall, subject to the conditions provided in Article 14a (1), continue to be subject to the legislation of the first Member State. 3. A person who, while not being normally employed at sea, performs work in the territorial waters or in a port of a Member State on a vessel flying the flag of another Member State within those territorial waters or in that port, but is not a member of the crew of the vessel, shall be subject to the legislation of the first Member State. 4. A person employed on board a vessel flying the flag of a Member State and remunerated for such employment by an undertaking or a person whose registered office or place of business is in the territory of another Member State shall be subject to the legislation of the latter State if he is resident in the territory of that State; the undertaking or person paying the remuneration shall be considered as the employer for the purpose of the said legislation.
(a) save as otherwise provided in subparagraph (b) to the legislation of the Member State in the territory of which he is engaged in paid employment or, where he pursues such an activity in the territory of two or more Member States, to the legislation determined in accordance with Article 14 (2) or (3); (b) in the cases mentioned in Annex VII: to the legislation of the Member State in the territory of which he is engaged in paid employment, that legislation having been determined in accordance with the provisions of Article 14 (2) or (3), where he pursues such an activity in the territory of two or more Member States, and to the legislation of the Member State in the territory of which he is self-employed, that legislation having been determined in accordance with Article 14a (2), (3) or (4), where he pursues such an activity in the territory of two or more Member States.
under a compulsory insurance scheme and one or more voluntary or optional continued insurance schemes, the person concerned shall be subject exclusively to the compulsory insurance scheme; under two or more voluntary or optional continued insurance schemes, the person concerned may join only the voluntary or optional continued insurance scheme for which he has opted.
(a) benefits in kind provided on behalf of the competent institution by the institution of the place of residence in accordance with the provisions of the legislation administered by that institution as though he were insured with it; (b) cash benefits provided by the competent institution in accordance with the legislation which it administers. However, by agreement between the competent institution and the institution of the place of residence, such benefits may be provided by the latter institution on behalf of the former, in accordance with the legislation of the competent State.
(a) whose condition requires benefits in kind which become necessary on medical grounds during a stay in the territory of another Member State, taking into account the nature of the benefits and the expected length of the stay; (b) who, having become entitled to benefits chargeable to the competent institution, is authorized by that institution to return to the territory of the Member State where he resides, or to transfer his residence to the territory of another Member State; or (c) who is authorized by the competent institution to go to the territory of another Member State to receive there the treatment appropriate to his condition,
(i) to benefits in kind provided on behalf of the competent institution by the institution of the place of stay or residence in accordance with the provisions of the legislation which it administers, as though he were insured with it; the length of the period during which benefits are provided shall be governed, however, by the legislation of the competent State; (ii) to cash benefits provided by the competent institution in accordance with the provisions of the legislation which it administers. However, by agreement between the competent institution and the institution of the place of stay or residence, such benefits may be provided by the latter institution on behalf of the former, in accordance with the provisions of the legislation of the competent State.
(a) benefits in kind shall be provided on behalf of the institution of the Member State in whose territory the members of the family are residing by the institution of the place of stay in accordance with the provisions of the legislation which it administers as if the employed or self-employed person were insured there. The period during which benefits are provided shall, however, be that laid down under the legislation of the Member State in whose territory the members of the family are residing; (b) the authorization required under paragraph 1 (c) shall be issued by the institution of the Member State in whose territory the members of the family are residing.
(a) benefits in kind which become necessary on medical grounds for this person during his stay in the territory of the Member State where he is seeking employment, taking account of the nature of the benefits and the expected length of the stay. These benefits in kind shall be provided on behalf of the competent institution by the institution of the Member State in which the person is seeking employment, in accordance with the provisions of the legislation which the latter institution administers, as if he were insured with it; (b) cash benefits provided by the competent institution in accordance with the provisions of the legislation which it administers. However, by agreement between the competent institution and the institution of the Member State in which the unemployed person seeks employment, benefits may be provided by the latter institution on behalf of the former institution in accordance with the provisions of the legislation of the competent State. Unemployment benefits under Article 69(1) shall not be granted for the period during which cash benefits are received.
(i) with regard to the benefits in kind, by the institution of the place of residence or stay in accordance with the provisions of the legislation which it administers, on behalf of the competent institution of the Member State which is responsible for the cost of unemployment benefits; (ii) with regard to cash benefits, by the competent institution of the Member State which is responsible for the cost of unemployment benefits, in accordance with the legislation which it administers.
(a) benefits in kind shall be provided on behalf of the institution referred to in paragraph 2 by the institution of the place of residence as though the person concerned were a pensioner under the legislation of the State in whose territory he resides and were entitled to such benefits; (b) cash benefits shall, where appropriate, be provided by the competent institution as determined by the rules of paragraph 2, in accordance with the legislation which it administers. However, upon agreement between the competent institution and the institution of the place of residence, such benefits may be provided by the latter institution on behalf of the former, in accordance with the legislation of the competent State.
(a) where the pensioner is entitled to the said benefits under the legislation of a single Member State, the cost shall be borne by the competent institution of that State; (b) where the pensioner is entitled to the said benefits under the legislation of two or more Member States, the cost thereof shall be borne by the competent institution of the Member State to whose legislation the pensioner has been subject for the longest period of time; should the application of this rule result in several institutions being responsible for the cost of benefits the cost shall be borne by the institution administering the legislation to which the pensioner was last subject.
(a) benefits in kind shall be provided by the institution of the place of residence of the members of the family in accordance with the provisions of the legislation which that institution administers, the cost being borne by the institution determined in accordance with the provisions of Article 27 or Article 28(2); if the place of residence is situated in the competent Member State, benefits in kind shall be provided, and the cost borne, by the competent institution; (b) cash benefits shall, where appropriate, be provided by the competent institution as determined by the provisions of Article 27 or 28 (2), in accordance with the provisions of the legislation which it administers. However, upon agreement between the competent institution and the institution of the place of residence of the members of the family, such benefits may be provided by the latter institution on behalf of the former, in accordance with the provisions of the legislation of the competent State.
(a) benefits in kind under the provisions of the legislation of that State, even if they have already received benefits for the same case of sickness or maternity before transferring their residence; (b) cash benefits provided where appropriate by the competent institution determined by the provisions of Article 27 or 28 (2), in accordance with the legislation which it administers. However, upon agreement between the competent institution and the institution of the place of residence of the pensioner, such benefits may be provided by the latter institution on behalf of the former, in accordance with the provisions of the legislation of the competent State.
(a) benefits in kind which become necessary on medical grounds during a stay in the territory of the Member State other than the State of residence, taking into account the nature of the benefits and the expected length of the stay. These benefits in kind shall be provided by the institution of the place of stay, in accordance with the provisions of the legislation which it administers, on behalf of the institution of the place of residence of the pensioner or of the members of his family; (b) cash benefits provided, where appropriate, by the competent institution as determined by Article 27 or 28(2), in accordance with the provisions of the legislation which it administers. However, upon agreement between the competent institution and the institution of the place of stay, these benefits may be provided by the latter institution on behalf of the former, in accordance with the provisions of the legislation of the competent State.
(a) where, in the competent State, the person concerned is insured under a special scheme for self-employed persons which also grants less favourable benefits in kind than those granted to employed person, or (b) where a person in receipt of one or more pensions is, under the pensions legislation of the competent Member State or Member States, entitled only to the benefits in kind provided for by a special scheme for self-employed persons which also grants less favourable benefits in kind than those granted to employed persons.
that he satisfies the conditions of that legislation or other legislations of the same type, taking account where appropriate of Article 38, but without having recourse to periods of insurance completed under legislations not listed in Annex IV, part A, and that he does not satisfy the conditions required for the acquisition of the right to invalidity benefits under a legislation not listed in Annex IV, part A, and that he does not assert any claims to old-age benefits, account being taken of the second sentence of Article 44 (2).
(a) For the purpose of determining the right to benefits under the legislation of a Member State, listed in Annex IV, part A, which makes the granting of invalidity benefits conditional upon the person concerned having received cash sickness benefits or having been incapable or work during a specified period, where anemployed person or a self-employed personwho has been subject to that legislation suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, account shall be taken of the following, without prejudice to Article 37 (1): (i) any period during which, in respect of that incapacity for work, he has, under the legislation of the second Member State, received cash sickness benefits, or, in lieu thereof, continued to receive a wage or salary; (ii) any period during which, in respect of the invalidity which followed that incapacity for work, he has received benefits within the meaning of this Chapter 2 and of Chapter 3 that follows, of the Regulation granted in respect of invalidity under the legislation of the second Member State.
as if it were a period during which cash sickness benefits were paid to him under the legislation of the first Member State orduring which he was incapable or working within the meaning of that legislation. (b) The right to invalidity benefits under the legislation of the first Member State shall be acquired either uponexpiry of the preliminary period of compensation for sickness, as required by that legislation, or upon expiry of the preliminary period of incapacity of work as required by that legislation, but not before: (i) the date of acquisition of the right to invalidity benefits referred to insubparagraph (a) (ii) under the legislation of the second Member State, or (ii) the day following the last day on which the person concerned is entitled to cash sickness benefits under the legislationof the second Member State.
(a) if the person concerned has not been subject to the legislation ofanother Member State since receiving benefits, the competent institution of the first State shall grant the benefits, taking theaggravation into account, in accordance with the provisions of the legislationwhich it administers; (b) if the person concerned has been subject to the legislation of one or more of the other Member States since receiving benefits, the benefits shall be granted to him, taking the aggravation into account, in accordance with Article 37 (1) or 40 (1) or (2), as appropriate; (c) if the total number of the benefit or benefits payable under subparagraph (b) is lower than the amount of the benefit which the person concerned was receiving at the expense of the institution previously liable for payment, such institution shall pay him a supplement equal to the difference between the two amounts; (d) if, in the case referred to in subparagraph (b), the institution responsible for the initial incapacity is a Dutch institution, and if: (i) the illness which caused the aggravation is the same as the one which gave rise to the granting of benefits under Dutch legislation, (ii) this illness is an occupational disease within the meaning of the legislation of the Member State to which the person concerned was last subject and entitles him to payment of the supplement referred to in Article 60 (1) (b), and (iii) the legislation or legislations to which the person concerned has been subject since receiving benefits is or are listed in Annex IV, part A,
the Dutch institution shall continue to provide the initial benefit after the aggravation occurs, and the benefit due under the legislation of the last Member State to which the person concerned was subject shall be reduced by the amount of the Dutch benefit; (e) if, in the case referred to in subparagraph (b), the person concerned is not entitled to benefits at the expense of an institution of another Member State, the competent institution of the first State shall grant the benefits, according to the provisions of the legislation of the State, taking into account the aggravation and, where appropriate, Article 38.
(a) the competent institution shall calculate the amount of the benefit that would be due: (i) on the one hand, only under the provisions of the legislation which it administers; (ii) on the other hand, pursuant to paragraph 2;
(b) the competent institution may, however, waive the calculation to be carried out inaccordan ce with (a) (ii) if the result of this calculation, apart from differences arising from the use of round figures, is equal to or lower thanthe result of the calculation carried out in accordance with (a) (i), in so far as that institution does not apply any legislation containing rules against overlapping as referred to in Articles 46b and 46c or if the aforementioned institution applies a legislation containing rules against overlapping in the case referred to inArticle 46c, provided that the said legislation lays down that benefits of a different kind shall be taken into consideration only on the basis of the relation of the periods of insurance or of residence completed under that legislation alone to the periods of insurance or of residence required by that legislation in order to qualify for full benefit entitlement. Annex IV, part C, lists for each Member State concerned the cases where the two calculations would lead to a result of this kind.
(a) the competent institution shall calculate the theoretical amount of the benefit to which the person concerned could lay claim provided all periods of insurance and/or of residence, which have been completed under the legislation of the Member States to which the employed personor self-employed personwas subject, have been completed inthe State in question under the legislation which it administers on the date of the award of the benefit. If, under this legislation, the amount of the benefit is independent of the duration of the periods completed, the amount shall be regarded as being the theoretical amount referred to in this paragraph; (b) the competent institution shall subsequently determine the actual amount of the benefit on the basis of the theoretical amount referred to in the preceding paragraph in accordance with the ratio of the duration of the periods of insurance or of residence completed before the materializationof the risk under the legislationwhich it administers to the total duration of the periods of insurance and of residence completed before the materialization of the risk under the legislations of all the Member States concerned.
(a) account shall be taken of the benefits acquired under the legislation of another Member State or of other income acquired in another Member State only where the legislation of the first Member State provides for the taking into account of benefits or income acquired abroad; (b) account shall be taken of the amount of benefits to be granted by another Member State before deductions of taxes, social security contributions and other individual levies or deductions; (c) no account shall be taken of the amount of benefits acquired under the legislationof another Member State which are awarded on the basis of voluntary insurance or continued optional insurance; (d) where provisions on reduction, suspension or withdrawal are applicable under the legislation of only one Member State on account of the fact that the person concerned receives benefits of a similar or different kind payable under the legislation of other Member States or other income acquired within the territory of other Member States, the benefit payable under the legislation of the first Member State may be reduced only within the limit of the amount of the benefits payable under the legislation or the income acquired within the territory of other Member States.
(a) either a benefit, which is referred to in Annex IV, part D, the amount of which does not depend on the length of the periods of insurance of residence completed, or (b) a benefit, the amount of which is determined on the basis of a credited period deemed to have been completed between the date on which the risk materialized and a later date. In the latter case, the said provisions shall apply in the case of overlapping of such a benefit: (i) either with a benefit of the same kind, except where an agreement has been concluded between two or more Member States providing that one and the same credited period may not be taken into account two or more times; (ii) or with a benefit of the type referred to in (a).
(a) where in a case of a benefit or benefits referred to in Article 46 (1) (a) (i), the amounts which would not be paid in strict application of the provisions concerning reduction, suspension or withdrawal provided for by the legislation of the Member States concerned shall be divided by the number of benefits subject to reduction, suspension or withdrawal; (b) where in a case of a benefit or benefits calculated in accordance with Article 46 (2), the reductionsuspen sion or withdrawal shall be carried out inaccordan ce with paragraph 2.
(a) where the total length of the periods of insurance and of residence completed before the risk materialized under the legislations of all the Member States concerned is longer than the maximum period required by the legislationof one of these States for receipt of full benefit, the competent institution of that State shall take intoconsideration this maximum period instead of the total length of the periods completed; this method of calculationmust not resultin the imposition on that institution of the cost of a benefit greater than the full benefit provided for by the legislation which it administers. This provisions shall not apply to benefits, the amount of which does not depend on the length of insurance; (b) the procedure for taking account of overlapping periods is laid down in the implementing Regulation referred to in Article 98; (c) where, under the legislation of a Member State, benefits are calculated on the basis of average earnings, an average contribution, an average increase or on the relation which existed, during the periods of insurance, between the claimant's gross earnings and the average gross earnings of all insured persons other than apprentices, such average figures or relations shall be determined by the competent institution of that State solely on the basis of the periods of insurance completed under the legislation of the said State, or the gross earnings received by the person concerned during those periods only; (d) where, under the legislation of a Member State, benefits are calculated on the basis of the amount of earnings, contributions or increases, the competent institution of the State shall determine the earnings, contributions and increases to be taken into account in respect of the periods of insurance or residence completed under the legislationof other Member States on the basis of the average earnings, contributions or increases recorded in respect of the periods of insurance completed under the legislation which it administers; (e) where, under the legislation of a Member State, benefits are calculated on the basis of standard earnings or a fixed amount, the competent institutions of that State shall consider the standard earnings or the fixed amount to be taken into account by it in respect of periods of insurance or residence completed under the legislations of other Member States as being equal to the standard earnings or fixed amount or, where appropriate, to the average of the standard earnings or the fixed amount corresponding to the periods of insurance completed under the legislation which it administers; (f) where, under the legislation of a Member State, benefits are calculated for some periods on the basis of the amount of earnings and, for other periods, on the basis of standard earnings or a fixed amount, the competent institution of that State shall, in respect of periods of insurance or residence completed under the legislations of other Member States, take into account the earnings or fixed amounts determined in accordance with the provisions referred to in (d) or (e) or, as appropriate, the average of these earnings or fixed amounts, where benefits are calculated on the basis of standard earnings or a fixed amount for all the periods completed under the legislation which it administers, the competent institution shall consider the earnings to be taken into account in respect of the periods of insurance or residence completed under the legislations of other Member States as being equal to the national earnings corresponding to the standard earnings or fixed amounts; (g) where, under the legislation of a Member State, benefits are calculated on the basis of average contributions, the competent institution shall determine that average by reference only to those periods of insurance completed under the legislation of the said State.
the duration of the said periods does not amount to one year, and taking only these periods into consideration, no right to benefit is acquired by virtue of the provisions of that legislation.
(a) each of the competent institutions administering a legislation whose conditions are satisfied shall calculate the amount of the benefit due, inaccordan ce with Article 46; (b) however: (i) if the person concerned satisfies the conditions of at least two legislations without having recourse to periods of insurance or residence completed under the legislations whose conditions are not satisfied, these periods shall not be taken into account for the purposes of Article 46 (2) unless taking account of the said periods makes it possible to determine a higher amount of benefit; (ii) if the person concerned satisfies the conditions of one legislation only without having recourse to periods of insurance or residence completed under the legislations whose conditions are not satisfied, the amount of the benefit due shall, in accordance with Article 46 (1) (a) (i), be calculated only in accordance with the provisions of the legislation whose conditions are satisfied, taking account of the periods completed under that legislation only, unless taking account of the periodscompleted under the legislations whose conditions are not satisfied makes it possible, inaccordan ce with Article 46 (1) (a)(ii), to determine a higher amount of benefit.
The provisions of this paragraph shall apply mutatis mutandis where the person concerned has expressly requested the postponement of the award of old-age benefits, in accordance with the second sentence of Article 44 (2).
(a) benefits in kind, provided on behalf of the competent institution by the institutions of his place of residence in accordance with the provisions of the legislation which it administers as if he were insured with it; (b) cash benefits provided by the competent institution in accordance with the provisions of the legislation which it administers. However, by agreement between the competent institution and the institution of the place of residence, these benefits may be provided by the latter institution on behalf of the former in accordance with the legislation of the competent State.
(a) who is staying in the territory of a Member State other than the competent State; or (b) who, after having become entitled to benefits chargeable to the competent institution, is authorized by that institution to return to the territory of the Member State where he is resident, or to transfer his place of residence to the territory of another Member State; or (c) who is authorized by the competent institution to go to the territory of another Member State in order to receive there the treatment appropriate to his condition;
(i) to benefits in kind provided on behalf of the competent institution by the institution of the place of stay or residence in accordance with the provisions of the legislation administered by that institution as though he were insured with it, the period during which benefits are provided shall, however, be governed by the legislation of the competent State; (ii) to cash benefits provided by the competent institution in accordance with the legislation which it administers. However, by agreement between the competent institution and the institution of the place of say or residence, those benefits may be provided by the latter institution on behalf of the former institution, in accordance with the legislation of the competent State.
(a) if the person concerned has not, while in receipt of benefits, been engaged in an occupation under the legislation of another Member State likely to cause or aggravate the disease inquestion , the competent institution of the first Member State shall be bound to meet the cost of the benefits under the provisions of the legislation which it administers taking into account the aggravation; (b) if the person concerned, while in receipt of benefits, has pursued such an activity under the legislation of another Member State, the competent institution of the first Member State shall be bound to meet the cost of the benefits under the legislation which it administers without taking the aggravation into account. The competent institution of the second Member State shall grant a supplement to the person concerned, the amount of which shall be equal to the difference between the amount of benefits due after the aggravation and the amount which would have been due prior to the aggravation under the legislation which it administers if the disease inquestionhad occurred under the legislation of that Member State; (c) if, in the case covered by subparagraph (b), an employed or selfemployed person suffering from sclerogenic pneumoconiosis or from a disease determined under Article 57 (6) is not entitled to benefits under the legislation of the second Member State, the competent institution of the first Member State shall be bound to provide benefits under the legislation which it administers, taking the aggravation into account. The competent institution of the second Member State shall, however, meet the cost of the difference between the amount of cash benefits, including pensions, due from the competent institution of the first Member State, taking the aggravation into account, and the amount of the corresponding benefits which were due prior to the aggravation; (d) the provisions for reduction, suspension or withdrawal laid down by the legislation of a Member State shall not apply to persons receiving benefits awarded by institutions of two Member States inaccordan ce with subparagraph (b).
(a) the competent institution which granted the benefits in accordance with the provisions of Article 57 (1) shall be bound to provide benefits under the legislation which it administers taking the aggravation into account; (b) the cost of cash benefits, including pensions, shall continue to be divided between the institutions which shared the costs of former benefits in accordance with the provisions of Article 57 (5). Where, however, the personhas again pursued anactivity likely to cause or to aggravate the occupational disease in question, either under thelegislation of one of the Member States in which he had already pursued an activity of the same nature or under the legislation ofanother Member State, the competent institution of such State shall meet the cost of the difference between the amount of benefits due, taking account of the aggravation, and the amount of benefits due prior to the aggravation.
(1) no compensation is due in respect of the accident at work or the occupational disease which had occurred or had been confirmed previously under the legislation which it administers; and (2) no compensation is due by virtue of the legislation of the other Member State under which the accident at work or the occupational disease occurred or was confirmed subsequently, account having been taken of the provisions of paragraph 5, in respect of that accident at work or that occupational disease.
in the case of paragraph 1, periods of insurance, in the case of paragraph 2, periods of employment,
(a) Before his departure, he must have been registered as a person seeking work and have remained available to the employment services of the competent State for at least four weeks after becoming unemployed, However, the competent services or institutions may authorize his departure before such time has expired. (b) He must register as a person seeking work with the employment services of each of the Member States to which he goes and be subject to the control procedure organized therein. This condition shall be considered satisfied for the period before registration if the person concerned registered within seven days of the date when he ceased to be available to the employment services of the State he left. In exceptional cases, this period may be extended by the competent services or institutions. (c) Entitlement to benefits shall continue for a maximum period of three months from the date when the person concerned ceased to be available to the employment services of the State which he left, provided that the total duration of the benefits does not exceed the duration of the period of benefits he was entitled to under the legislation of that State. In the case of a seasonal worker such duration shall, moreover, be limited to the period remaining until the end of the season for which he was engaged.
(a) (i) A frontier worker who is partially or intermittently unemployed in the undertaking which employs him, shall receive benefits in accordance with the provisions of the legislation of the competent State as if he were residing in the territory of that State; these benefits shall be provided by the competent institution. (ii) A frontier worker who is wholly unemployed shall receive benefits in accordance with the provisions of the legislation of the Member State in whose territory he resides as though he had been subject to that legislation while last employed; these benefits shall be provided by the institution of the place of residence at its own expense.
(b) (i) An employed person, other than a frontier worker, who is partially, intermittently or wholly unemployed and who remains available to his employer or to the employment services in the territory of the competent State shall receive benefits in accordance with the provisions of the legislation of that State as though he were residing in its territory; these benefits shall be provided by the competent institution. (ii) An employed person, other than a frontier worker, who is wholly unemployed and who makes himself available for work to the employment services in the territory of the Member State in which he resides, or who returns to that territory, shall receive benefits in accordance with the legislation of that State as if he had last been employed there; the institution of the place of residence shall provide such benefits at its own expense. However, if such an employed person has become entitled to benefits at the expense of the competent institution of the Member State to whose legislation he was last subject, he shall receive benefits under the provisions of Article 69. Receipt of benefits under the legislation of the State in which he resides shall be suspended for any period during which the unemployed person may, under the provisions of Article 69, make a claim for benefits under the legislation to which he was last subject.
(a) to a pensioner who draws a pension under the legislation of one Member State only, in accordance with the legislation of the Member State responsible for the pension; (b) to a pensioner who draws pensions under the legislation of more than one Member State: (i) in accordance with the legislation of whichever of these States he resides in provided that, taking into account, where appropriate, the provisions of Article 79 (1) (a), a right to one of the benefits referred to in paragraph 1 is acquired under the legislation of that State; or ii) in other cases in accordance with the legislation of the Member State to which he has been subject for the longest period of time, provided that, taking into account, where appropriate, the provisions of Article 79 (1) (a), a right to one of the benefits referred to in paragraph 1 is acquired under such legislation; if no right to benefit is acquired under that legislation, the conditions for the acquisition of such right under the legislations of the other Member States concerned shall be examined in decreasing order of the length of periods of insurance or residence completed under the legislation of those Member States.
(a) for the orphan of a deceased employed or self-employed person who was subject to the legislation of one Member State only in accordance with the legislation of that State; (b) for the orphan of a deceased employed or self-employed person who was subject to the legislation of several Member States: (i) in accordance with the legislation of the Member State in whose territory the orphan resides provided that, taking into account, where appropriate, the provisions of Article 79 (1) (a), a right to one of the benefits referred to in paragraph 1 is acquired under the legislation of that State; (ii) in other cases in accordance with the legislation of the Member State to which the deceased had been subject for the longest period of time, provided that, taking into account, where appropriate, the provisions of Article 79 (1) (a), the right to one of the benefits referred to in paragraph 1 is acquired under the legislation of that State; if no right is acquired under that legislation, the conditions for the acquisition of such right under the legislations of the other Member States shall be examined in decreasing order of the length of periods of insurance or residence completed under the legislation of those Member States.
(a) if that legislation provides that the acquisition, retention or recovery of the right to benefits shall be dependent on the length of periods of insurance, employment, self-employment or residence such length shall be determined taking into account, where appropriate, the provisions of Article 45 or, as the case may be, Article 72; (b) if that legislation provides that the amount of benefits shall be calculated on the basis of the amount of the pension, or shall depend on the length of periods of insurance the amount of these benefits shall be calculated on the basis of the theoretical amount determined in accordance with the provisions of Article 46 (2).
(a) to deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation and subsequent Regulations, or from any agreement or arrangement concluded thereunder, without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislations of Member States, by this Regulation or by the Treaty; (b) to carry out all translations of documents relating to the implementation of this Regulation at the request of the competent authorities, institutions and tribunals of the Member States, and in particular translations of claims submitted by persons who may be entitled to benefit under the provisions of this Regulation; (c) to foster and develop cooperation between Member States in social security matters, particularly in respect of health and social measures of common interest; (d) to foster and develop cooperation between Member States by modernizing procedures for exchange of information, in particular by adapting the information flow between institutions for the purpose of telematic exchange, taking account of the development of data processing in each Member State. The main aim of such modernization shall be to expedite the award of benefits. (e) to assemble the factors to be taken into consideration for drawing up accounts relating to the costs to be borne by the institutions of the Member States under the provisions of this Regulation and to adopt the annual accounts between the said institutions; (f) to undertake any other function coming within its competence under the provisions of this and of subsequent Regulations or any agreement or arrangement made thereunder; (g) to submit proposals to the Commission for working out subsequent Regulations and for the revision of this and subsequent Regulations.
(a) two representatives of the government, of whom one at least must be a member of the Administrative Commission; (b) two representatives of trade unions; (c) two representatives of employers' organizations.
(a) to examine general questions or questions of principle and problems arising from the implementation of the Regulations adopted within the framework of the provisions of Article 51 of the Treaty; (b) to formulate opinions on the subject for the Administrative Commission and proposals for any revision of the Regulations.
(a) measures taken to implement this Regulation: (b) changes in their legislation which are likely to affect the implementation of this Regulation.
(a) Where, under this Regulation or under the implementing Regulation referred to in Article 98, the authorities or institutions of a Member State communicate personal data to the authorities or institutions of another Member State, that communication shall be subject to the legal provisions governing protection of data laid downby the Member State providing the data. Any subsequent transmission as well as the storage, alteration and destruction of the data shall be subject to the provisions of the legislationon data protectionof the receiving Member State. (b) The use of personal data for purposes other than those of social security shall be subject to the approval of the person concerned or in accordance with the other guarantees provided for by national legislation.
(a) Where the institution responsible for benefits is, by virtue of the legislation which it administers, subrogated to the rights which the recipient has against the third party, such subrogation shall be recognized by each Member State. (b) Where the said institution has direct rights against the third party, such rights shall be recognized by each Member State.
(a) Where the institution of the Member State of stay or residence awards benefits to a person in respect of an injury which was sustained within its territory, that institution, in accordance with the legislation which it administers, shall exercise the right to subrogation or direct action against the third party liable to provide compensation for the injury. (b) For the purpose of implementing (a): (i) the person receiving benefits shall be deemed to be insured with the institution of the place of stay or residence, and (ii) that institution shall be deemed to be the debtor institution.
(c) The provisions of paragraphs 1 and 2 shall remain applicable in respect of any benefits not covered by the waiver agreement referred to in this paragraph.
A. BELGIUM Does not apply. B. BULGARIA Any person working without an employment contract within the meaning of points 5 and 6 of Article 4(3) of the Social Security Code shall be considered a self-employed person within the meaning of Article 1(a)(ii) of the Regulation. C. CZECH REPUBLIC Does not apply. D. DENMARK 1. Any person who, from the fact of pursuing an activity as an employed person, is subject: (a) to the legislation on accidents at work and occupational diseases for the period prior to 1 September 1977 ;(b) to the legislation on supplementary pensions for employed persons (arbejdsmarkedets tillægspension, ATP) for a period commencing on or after 1 September 1977 , shall be considered as an employed person within the meaning of Article 1 (a) (ii) of the Regulation.
2. Any person who, pursuant to the law on daily cash benefits in the event of sickness or maternity, is entitled to such benefits on the basis of an earned income other than a wage or salary shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.
E. GERMANY If the competent institution for granting family benefits in accordance with Chapter 7 of Title III of the Regulation is a German institution, then within the meaning of Article 1 (a) (ii) of the Regulation: (a) "employed person" means compulsorily insured against unemployment or any person who, as a result of such insurance, obtains cash benefits under sickness insurance or comparable benefits or any established civil servant in receipt of a salary in respect of his/her civil servant status which is at least equal to that which, in the case of an employed person, would result in compulsory insurance against unemployment; (b) "self-employed person" means any person pursuing self-employment which is bound: to join, or pay contributions in respect of, an old-age insurance within a scheme for self-employed persons, or to join a scheme within the framework of compulsory pension insurance.
F. ESTONIA Does not apply. G. GREECE 1. Persons insured under the OGA scheme who pursue exclusively activities as employed persons or who are or have been subject to the legislation of another Member State and who consequently are or have been "employed persons" within the meaning of Article 1 (a) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the Regulation. 2. For the purposes of granting the national family allowance, persons referred to in Article 1 (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (ii) of the Regulation.
H. SPAIN Does not apply. I. FRANCE If a French institution is the competent institution for the grant of family benefits in accordance with Title III, Chapter 7 of the Regulation: 1. "employed person" within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who is compulsorily insured under the social security scheme in accordance with Article L 311-2 of the Social Security Code and who fulfils the minimum conditions regarding work or remuneration provided for in Article L 313-1 of the Social Security Code in order to benefit from cash benefits under sickness insurance, maternity and invalidity cover or the person who benefits from these cash benefits; 2. "self-employed person" within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who performs a self-employed activity and who is required to take out insurance and to pay old-age benefit contributions to a self-employed persons' scheme.
F. GREECE 1. Persons insured under the OGA scheme who pursue exclusively activities as employed persons or who are or have been subject to the legislation of another Member State and who consequently are or have been "employed persons "within the meaning of Article 1 (a) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the Regulation. 2. For the purposes of granting the national family allowance, persons referred to in Article 1 (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (ii) of the Regulation.
J. IRELAND 1. Any person who is compulsorily or voluntarily insured pursuant to the provisions of Sections 12, 24 and 70 of the Social Welfare Consolidation Act 2005 shall be considered an employed person within the meaning of Article 1(a)(ii) of the Regulation. 2. Any person who is compulsorily or voluntarily insured pursuant to the provisions of Sections 20 and 24 of the Social Welfare Consolidation Act 2005 shall be considered a self-employed person within the meaning of Article 1(a)(ii) of the Regulation.
K. ITALY Does not apply. L. CYPRUS Does not apply. M. LATVIA Does not apply. N. LITHUANIA Does not apply. O. LUXEMBOURG Does not apply. P. HUNGARY Does not apply. Q. MALTA Any person who is a self-employed person or a self-occupied person within the meaning of the Social Security Act (Cap. 318) 1987 shall be considered as a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. R. NETHERLANDS Any person pursuing an activity or occupation without a contract of employment shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. S. AUSTRIA Does not apply. T. POLAND Does not apply. U. PORTUGAL Does not apply. V. ROMANIA Does not apply. W. SLOVENIA Does not apply. X. SLOVAKIA Does not apply. Y. FINLAND Any person who is an employed or self-employed person within the meaning of the legislation on the Employment Pensions Scheme shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation. Z. SWEDEN Persons who are engaged in gainful activity and who pay their own contributions on this income pursuant to Chapter 3, paragraph 3, of the Social Insurance Contributions Act (2000:980) shall be considered as self-employed. AA. UNITED KINGDOM Any person who is an "employed earner" or a "self-employed earner" within the meaning of the legislation of Great Britain or of the legislation of Northern Ireland shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. Any person in respect of whom contributions are payable as an "employed person" or a "self-employed person" in accordance with the legislation of Gibraltar shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.
A. BELGIUM Does not apply. B. BULGARIA Does not apply. C. CZECH REPUBLIC For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, the expression "member of the family" means a spouse and/or a dependent child as defined by the State Social Support Act No 117/1995 Sb. D. DENMARK For the purpose of determining a right to sickness or maternity benefits in kind existing pursuant to Articles 22 (1) (a) and 31 of the Regulation, the expression "member of the family" shall mean: 1. the spouse of an employed person, a self-employed person or other entitled persons under the terms of the Regulation, in so far as they are not themselves entitled persons under the terms of the Regulation; or 2. a child under 18 years of age in the care of someone who is an entitled person under the terms of the Regulation.
E. GERMANY Does not apply. F. ESTONIA Does not apply. G. GREECE Does not apply. H. SPAIN Does not apply. I. FRANCE For the purpose of determining entitlement to family allowances or family benefits, the term "member of the family" means any person mentioned in Article L 512-3 of the Social Security Code. F. GREECE Does not apply. J. IRELAND In order to determine the right to benefits in kind for sickness and maternity in application of the Regulation, the term "member of the family" shall mean any person considered as being a dependent of an employed person or of a self-employed person for the application of the Health Acts 1947 to 2004. K. ITALY Does not apply. L. CYPRUS Does not apply. M. LATVIA For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter I of Title III of the Regulation, "member of the family" means a spouse or a child under the age of 18. N. LITHUANIA For the purpose of determining the right to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, "member of the family" means a spouse or a child under the age of 18 years. O. LUXEMBOURG Does not apply. P. HUNGARY For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, "member of the family" shall mean a spouse or dependent child as defined by Article 685(b) of the Civil Code. Q. MALTA Does not apply. R. NETHERLANDS For the purpose of determining entitlement to benefits pursuant to Chapters 1 and 4 of Title III of this Regulation, "member of the family" means a spouse, registered partner or child under the age of 18. S. AUSTRIA Does not apply. T. POLAND Does not apply. U. PORTUGAL Does not apply. V. ROMANIA For the purposes of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, "member of the family" means a spouse, a dependent parent, a child under the age of 18 (or under the age of 26 and dependent). W. SLOVENIA Does not apply. X. SLOVAKIA For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of title III of the Regulation, "member of the family" means a spouse and/or a dependent child as defined by the Act on Child Allowance. Y. FINLAND For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, "member of the family" means a spouse or a child as defined by the Sickness Insurance Act. Z. SWEDEN For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, "member of the family" means a spouse or a child under the age of 18. AA. UNITED KINGDOM For the purpose of determining entitlement to benefits in kind the term "member of the family" means: 1. As regards the legislation of Great Britain and Northern Ireland: (1) a spouse, provided that: (a) that person, whether employed or self-employed, or another person entitled under the Regulation, is: (i) residing with the spouse; or (ii) contributing to the maintenance of the spouse;
and (b) the spouse does not: (i) have earnings as an employed or self-employed person or income as a person entitled under the Regulation; or (ii) receive a social security benefit or pension based on the spouse's own insurance;
(2) a person having care of a child, provided that: (a) the employed or self-employed person or person entitled under the Regulation is: (i) living together with the person as though husband and wife; or (ii) contributing to the maintenance of the person;
and (b) the person does not: (i) have earnings as an employed or self-employed worker or income as a person entitled under the Regulation; or (ii) receive a social security benefit or pension based on that person's own insurance;
(3) a child in respect of whom that person, the employed or self-employed person, or another person entitled under the Regulation is or could be paid child-benefit.
2. As regard the legislation of Gibraltar: any person regarded as a dependent within the meaning of the Group Practice Scheme Ordinance, 1973.
A. BELGIUM Does not apply. B. BULGARIA Does not apply. C. CZECH REPUBLIC Does not apply. D. DENMARK Does not apply. E. GERMANY Does not apply. F. ESTONIA Does not apply. G. GREECE Does not apply. H. SPAIN 1. Self-employed persons as referred to in Article 10 (2) (c) of the Consolidated Text of the General Law on Social Security (Royal Legislative Decree No 1/1994 of 20 June 1994 ) and in Article 3 of Decree No 2530/1970 of20 August 1970 regulating the special scheme for self-employed persons who join a professional association and decide to become members of the mutual insurance society set up by the said association instead of joining the special social security scheme for self-employed persons.2. Welfare system and/or with the character of social assistance or a charity, managed by the institutions not subject to the General Law on Social Security or to the Law of 6 December 1941 .
I. FRANCE Supplementary benefit schemes for self-employed persons in craft trades, industrial or commercial occupations or the liberal professions, supplementary old-age insurance schemes for self-employed persons in the liberal professions, supplementary insurance schemes for self-employed persons in the liberal professions covering invalidity or death, and supplementary old-age benefit schemes for contracted medical practitioners and auxiliaries, as referred to respectively in Articles L.615-20, L.644-1, L.644-2, L.645-1 and L.723-14 of the Social Security Code. F. GREECE Does not apply. J. IRELAND Does not apply. K. ITALY Does not apply. L. CYPRUS 1. Pension scheme for doctors in private practice set up under the Medical (Pensions and Allowances) Regulations of 1999 (P.I. 295/99) issued under the Medical (Associations, Discipline and Pension Fund) Law of 1967 (Law 16/67), as amended. 2. Advocates' pension scheme set up under the Advocates (Pensions and Allowances) Regulations of 1966 (P.I. 642/66), as amended, issued under the Advocates Law, Cap. 2, as amended.
M. LATVIA Does not apply. N. LITHUANIA Does not apply. O. LUXEMBOURG Does not apply. P. HUNGARY Does not apply. Q. MALTA Does not apply. R. NETHERLANDS Does not apply. S. AUSTRIA Does not apply. T. POLAND Does not apply. U. PORTUGAL Does not apply. V. ROMANIA Does not apply. W. SLOVENIA Does not apply. X. SLOVAKIA Does not apply. Y. FINLAND Does not apply. Z. SWEDEN Does not apply. AA. UNITED KINGDOM Does not apply.
A. BELGIUM (a) Childbirth allowance; (b) Adoption premium.
B. BULGARIA Maternity lump-sum allowance (Law on Family Allowances for Children). C. CZECH REPUBLIC Childbirth allowance. D. DENMARK None. E. GERMANY None. F. ESTONIA (a) Childbirth allowance; (b) Adoption allowance.
G. GREECE None. H. SPAIN Childbirth allowances (one-off cash benefits for the birth of the third child and subsequent children and one-off cash benefits in the event of a multiple birth). I. FRANCE Birth or adoption grant (early childhood benefit). F. GREECE None. J. IRELAND None. K. ITALY None. L. CYPRUS None. M. LATVIA (a) Childbirth grant; (b) Adoption allowance.
N. LITHUANIA Childbirth grant. O. LUXEMBOURG (a) antenatal allowance; (b) childbirth allowance.
P. HUNGARY Maternity grant. Q. MALTA None. R. NETHERLANDS None. S. AUSTRIA None T. POLAND Single-payment birth grant (Family Benefits Act). U. PORTUGAL None. V. ROMANIA Childbirth allowance. W. SLOVENIA Childbirth grant. X. SLOVAKIA Childbirth allowance. Y. FINLAND Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act. Z. SWEDEN None. AA. UNITED KINGDOM None.
A. BELGIUM None. B. BULGARIA None. C. CZECH REPUBLIC None. D. DENMARK None. E. GERMANY (a) Benefits granted under Länder legislation for the disabled, and in particular for the blind. (b) The social supplement under the Law of 28 June 1990 on the alignment of pensions.
F. ESTONIA None. G. GREECE None. H. SPAIN None. I. FRANCE None. F. GREECE None. J. IRELAND None. K. ITALY None. L. CYPRUS None. M. LATVIA None. N. LITHUANIA None. O. LUXEMBOURG None. P. HUNGARY None. Q. MALTA None. R. NETHERLANDS None. S. AUSTRIA None. T. POLAND None. U. PORTUGAL None. V. ROMANIA None. W. SLOVENIA None. X. SLOVAKIA None. Y. FINLAND None. Z. SWEDEN None. AA. UNITED KINGDOM None.
(a) Income replacement allowance (Law of 27 February 1987 )(b) Guaranteed income for elderly persons (Law of 22 March 2001 ).
(a) Disabled adult allowance (Social Benefits for Disabled Persons Act of 27 January 1999 )(b) State unemployment allowance (Social Protection of the Unemployed Act of 1 October 2000 ).
(a) Minimum income guarantee (Law No 13/82 of 7 April 1982 )(b) Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981 )(c) Non-contributory invalidity and retirement pensions as provided for in Article 38(1) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June 1994 (d) Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982 ).
(a) Supplementary allowances of the Special Invalidity Fund and the Old Age Solidarity Fund (Law of 30 June 1956 , codified in Book VIII of the Social Security Code)(b) Disabled adults' allowance (Law of 30 June 1975 , codified in Book VIII of the Social Security Code)(c) Special allowance (Law of 10 July 1952 , codified in Book VIII of the Social Security Code).
(a) Jobseeker's allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2); (b) State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4); (c) Widow's (non-contributory) pension and widower's (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6); (d) Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10); (e) Mobility allowance (Health Act 1970, Section 61); (f) Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5).
(a) Social pensions for persons without means (Law No 153 of 30 April 1969 )(b) Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1974 , No 18 of11 February 1980 and No 508 of23 November 1988 )(c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of23 November 1988 )(d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of23 November 1988 )(e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952 , No 638 of11 November 1983 and No 407 of29 December 1990 )(f) Benefits supplementing disability allowances (Law No 222 of 12 June 1984 )(g) Social allowance (Law No 335 of 8 August 1995 )(h) Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments).
(a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended) (b) Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992 , 41370 of1 August 1994 , 46183 of11 June 1997 and 53675 of16 May 2001 )(c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended).
(a) State Social Security Benefit (Law on State Social Benefits of 1 January 2003 );(b) Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003 ).
(a) Social assistance pension (Law of 2005 on State Social Allowances, Article 5). (b) Special relief compensation (Law of 2005 on State Social Allowances, Article 15). (c) Special transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7).
(a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity) (b) Non-contributory old age allowance (Act III of 1993 on Social Administration and Social Benefits) (c) Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap).
(a) Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987) (b) Age pension (Social Security Act (Cap. 318) 1987).
(a) Disablement Assistance Act for Handicapped Young Persons, of 24 April 1997 (Wajong)(b) Supplementary Benefits Act of 6 November 1986 (TW).
(a) Non-contributory State old-age and invalidity pension (Decree-Law No 464/80 of 13 October 1980 )(b) Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981 ).
(a) State pension (Pension and Disability Insurance Act of 23 December 1999 )(b) Income support for pensioners (Pension and Disability Insurance Act of 23 December 1999 )(c) Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999 ).
(a) Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income.(b) Social pension which has been awarded before 1 January 2004 .
(a) Disability allowance (Disability Allowance Act, 124/88) (b) Child care allowance (Child Care Allowance Act, 444/69) (c) Housing allowance for pensioners (Act concerning the Housing allowance for pensioners, 591/78) (d) Labour market support (Act on Unemployment Benefits 1290/2002) (e) Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002).
(a) Housing supplements for persons receiving a pension (Law 2001: 761) (b) Financial support for the elderly (Law 2001: 853) (c) Disability allowance and care allowance for disabled children (Law 1998: 703).
(a) State Pension credit (State Pension Credit Act 2002) (b) Income-based allowances for jobseekers (Jobseekers Act 1995, 28 June 1995 , Sections 1, (2)(d)(ii) and 3, and Jobseekers (Northern Ireland) Order 1995 of18 October 1995 , Articles 3(2)(d)(ii) and 5)(c) Income Support (Social Security Act 1986 of 25 July 1986 , Section 20 to 22 and Section 23, and Social Security (Northern Ireland) Order 1986 of5 November 1986 , Articles 21 to 24)(d) Disability Living Allowance (Disability Living Allowance and Disability Working Allowance Act 1991 of 27 June 1991 , Section 1, and Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 of24 July 1991 , Article 3)(e) Attendance Allowance (Social Security Act 1975 of 20 March 1975 , Section 35, and Social Security (Northern Ireland) Act 1975 of20 March 1975 , Section 35)(f) Carer's Allowance (Social Security Act 1975 of 20 March 1975 , Section 37, and Social Security (Northern Ireland) Act 1975 of20 March 1975 , Section 37).
1. In so far as the provisions contained in this Annex provide for references to the provisions of other conventions, those references shall be replaced by references to the corresponding provisions of this Regulation, unless the provisions of the conventions in question are themselves contained in this Annex. 2. The termination clause provided for in a social security convention, some of whose provisions are contained in this Annex, shall continue to apply as regards those provisions. 3. Account being taken of the provisions of Article 6 of this Regulation, it is to be noted that the provisions of bilateral Conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex, inter alia , provisions providing for aggregation of insurance periods fulfilled in a third country.
1. BELGIUM-CZECH REPUBLIC No convention. 2. BELGIUM-DENMARK No convention. 1. BELGIUM-GERMANY Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as in the Complementary Protocol of10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War).(b) Complementary Agreement No 3 of 7 December 1957 to the General Convention of the same date, as in the Complementary Protocol of10 November 1960 (payment of pensions for the period preceding the entry into force of the General Convention).
2. BULGARIA — GERMANY (a) Article 28(1)(b) of the Convention on social security of 17 December 1997 .(b) Point 10 of the Final Protocol to the said Convention.
3. BULGARIA — AUSTRIA Article 38(3) of the Convention on social security of 14 April 2005 .4. BULGARIA — SLOVENIA Article 32(2) of the Convention on social security of 18 December 1957 .4. BELGIUM-ESTONIA No convention. 5. BELGIUM-GREECE Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April 1958 .6. BELGIUM-SPAIN None. 7. BELGIUM-FRANCE (a) Articles 13, 16 and 23 of the Complementary Agreement of 17 January 1948 to the General Convention of that date (workers in mines and similar undertakings).(b) The exchange of letters of 27 February 1953 (application of Article — (2) of the General Convention of17 January 1948 ).(c) The exchange of letters of 29 July 1953 an allowances to elderly employed persons.
5. BELGIUM-GREECE Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April 1958 .8. BELGIUM-IRELAND No convention. 9. BELGIUM-ITALY Article 29 of the Convention of 30 April 1948 .10. BELGIUM-CYPRUS No convention. 11. BELGIUM-LATVIA No convention. 12. BELGIUM-LITHUANIA No convention. 13. BELGIUM-LUXEMBOURG Articles 2 and 4 of the Agreement of 27 October 1971 (Overseas social insurance).14. BELGIUM-HUNGARY No convention. 15. BELGIUM-MALTA No convention. 16. BELGIUM-NETHERLANDS Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas occupation).17. BELGIUM-AUSTRIA (a) Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.(b) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
18. BELGIUM-POLAND None. 19. BELGIUM-PORTUGAL Articles 1 and 5 of the Convention of 13 January 1965 (Social insurance for employees in the Belgian Congo and Rwanda-Urundi), in the wording contained in the Agreement concluded by an exchange of letters dated18 June 1982 .20. BELGIUM-SLOVENIA None. 21. BELGIUM-SLOVAKIA No convention. 22. BELGIUM-FINLAND No convention. 23. BELGIUM-SWEDEN No convention. 24. BELGIUM-UNITED KINGDOM None. 25. CZECH REPUBLIC-DENMARK No convention. 5. CZECH REPUBLIC-GERMANY Article 39(1)(b) and (c) of the Agreement on Social Security of 27 July 2001 ;point 14 of the Final Protocol to the Agreement on Social Security of 27 July 2001 .27. CZECH REPUBLIC-ESTONIA No convention. 28. CZECH REPUBLIC-GREECE None. 29. CZECH REPUBLIC-SPAIN None. 30. CZECH REPUBLIC-FRANCE None. 31. CZECH REPUBLIC-IRELAND No convention. 32. CZECH REPUBLIC-ITALY No convention. 6. CZECH REPUBLIC-CYPRUS Article 32(4) of the Agreement on Social Security of 19 January 1999 .34. CZECH REPUBLIC-LATVIA No convention. 35. CZECH REPUBLIC-LITHUANIA None. 4. CZECH REPUBLIC-SPAIN Article 52 (8), of the Agreement of 17 November 2000 .37. CZECH REPUBLIC-HUNGARY None. 38. CZECH REPUBLIC-MALTA No convention. 39. CZECH REPUBLIC-NETHERLANDS No convention. 8. CZECH REPUBLIC-AUSTRIA Article 32 (3) of the Convention on social security of 20 July 1999 .41. CZECH REPUBLIC-POLAND None. 42. CZECH REPUBLIC-PORTUGAL No convention. 43. CZECH REPUBLIC-SLOVENIA None. 9. CZECH REPUBLIC-SLOVAKIA Articles 12, 20 and 33 of the Agreement on Social Security of 29 October 1992 .45. CZECH REPUBLIC-FINLAND No convention. 46. CZECH REPUBLIC-SWEDEN No convention. 47. CZECH REPUBLIC-UNITED KINGDOM None. 48. DENMARK-GERMANY (a) Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953 .(b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above.
49. DENMARK-ESTONIA No convention. 50. DENMARK-GREECE No convention. 51. DENMARK-SPAIN No convention. 52. DENMARK-FRANCE None. 53. DENMARK-IRELAND No convention. 54. DENMARK-ITALY No convention. 55. DENMARK-CYPRUS No convention. 56. DENMARK-LATVIA No convention. 57. DENMARK-LITHUANIA No convention. 58. DENMARK-LUXEMBOURG No convention. 59. DENMARK-HUNGARY No convention. 60. DENMARK-MALTA No convention. 61. DENMARK-NETHERLANDS No convention. 62. DENMARK-AUSTRIA (a) Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.(b) Point I of the Final Protocol to the said Convention as regards persons residing in a third State.
63. DENMARK-POLAND No convention. 64. DENMARK-PORTUGAL No convention. 65. DENMARK-SLOVENIA None. 66. DENMARK-SLOVAKIA No convention. 10. DENMARK-FINLAND Article 10 of the Nordic Convention on Social Security of 15 June 1992 , concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.11. DENMARK-SWEDEN Article 10 of the Nordic Convention on Social Security of 15 June 1992 , concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.69. DENMARK-UNITED KINGDOM None. 70. GERMANY-ESTONIA No convention. 12. GERMANY-GREECE (a) Article 5 (2) of the General Convention of 25 April 1961 .
Articles 8(1), (2)(b) and (3), 9 to 11 and Chapters I and IV, in so far as they concern these Articles, of the Convention on unemployment insurance of 31 May 1961 , together with the note in the minutes of14 June 1980 (reckoning of insurance periods for unemployment benefits in case of transfer of residence from one State to another).(c) Protocol of 7 October 1991 in conjunction with the Agreement of6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.
13. GERMANY-SPAIN Article 45(2) of the Social Security Convention of 4 December 1973 (representation by diplomatic and consular authorities).14. GERMANY-FRANCE (a) Articles 11 (1), 16 (second paragraph) and 19 of the General Convention of 10 July 1950 .(b) Article 9 of Complementary Agreement No 1 of 10 July 1950 to the General Convention of the same date (workers in mines and similar undertakings).(a) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of18 June 1955 (reckoning of periods of insurance completed between1 July 1940 and30 June 1950 ).(b) Title I of the said Supplementary Agreement No 2 (reckoning of periods of insurance completed before 8 May 1945 ).(c) points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements).(d) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar).
74. GERMANY-IRELAND No convention. 75. GERMANY-ITALY (a) Articles 3 (2), 23 (2), 26 and 36 (3) of the Convention of 5 May 1953 (social insurance).(b) The Complementary Agreement of 12 May 1953 to the Convention of5 May 1953 (payment of pensions for the period preceding the entry into force of the Convention).
76. GERMANY-CYPRUS No convention. 77. GERMANY-LATVIA No convention. 78. GERMANY-LITHUANIA No convention. 15. GERMANY-LUXEMBOURG Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946).16. GERMANY-HUNGARY (a) Article 40(1)(b) of the Convention on Social Security of 2 May 1998 ;(b) point 16 of the Closing Protocol to the said Convention.
81. GERMANY-MALTA No convention. 17. GERMANY-NETHERLANDS (a) Article 3 (2) of the Convention of 29 March 1951 .(b) Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between13 May 1940 and1 September 1945 ).
18. GERMANY-AUSTRIA (a) Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of10 April 1969 , No 2 of20 March 1974 and No 3 of29 August 1980 .(b) Paragraphs 3 (c), 3 (d), 17, 20 (a) and 21 of the Final Protocol to the said Convention. (c) Article 3 of the said Convention as regards persons residing in a third State. (d) Paragraph 3 (g) of the Final Protocol to the said Convention as regards persons residing in a third State. (e) Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits, under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which: (i) the benefit has already been paid or is payable on 1 January 1994 ;(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to31 December 1994 ;this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, where the periods of collection follow each other without interruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount, which is due in respect of the corresponding periods to be remunerated by this institution. (g) Article 2 of Complementary Convention No 1 of 10 April 1969 to the said Convention.
Article 1(5) and Article 8 of the Convention on Unemployment Insurance of 19 July 1978 and Article 10 of the Final Protocol to this Convention (granting of unemployment allowances to frontier workers by the previous State of employment) shall continue to apply to persons who have exercised an activity as a frontier worker on or before1 January 2005 and become unemployed before1 January 2011 .19. GERMANY-POLAND (a) Convention of 9 October 1975 on old-age and work-injury provisions, under the conditions and the scope defined by Article 27 (2) to (4) of the Convention on social security of8 December 1990 .(b) Articles 11 (3), 19 (4), 27 (5) and 28 (2) of the Convention on social security of 8 December 1990 .
20. GERMANY-ROMANIA (a) Article 28(1)(b) of the Convention on social security of 8 April 2005 .(b) Point 13 of the Final Protocol to the said Convention.
85. GERMANY-PORTUGAL Article 5 (2) of the Convention of 6 November 1964 .21. GERMANY-SLOVENIA (a) Article 42 of the Convention on social security of 24 September 1997 .(b) Point 15 of the Final Protocol to the said Convention.
22. GERMANY-SLOVAKIA Article 29(1)(2) and 3 of the Agreement of 12 September 2002 ; paragraph 9 of the Final Protocol to the Agreement of12 September 2002 .88. GERMANY-FINLAND Article 4 of the Social Security Agreement of 28 April 1997 .89. GERMANY-SWEDEN (a) Article 4 (2) of the Convention on social security of 27 February 1976 .(b) Point 8 (a) of the Final Protocol to the said Convention.
23. GERMANY-UNITED KINGDOM (a) Article 7(5) and (6) of the Convention on social security of 20 April 1960 (legislation applicable to civilians serving the military forces).(b) Article 5(5) and (6) of the Convention on unemployment insurance of 20 April 1960 (legislation applicable to civilians serving the military forces).
91. ESTONIA-GREECE No convention. 92. ESTONIA-SPAIN No convention. 93. ESTONIA-FRANCE No convention. 94. ESTONIA-IRELAND No convention. 95. ESTONIA-ITALY No convention. 96. ESTONIA-CYPRUS No convention. 97. ESTONIA-LATVIA None. 98. ESTONIA-LITHUANIA None. 99. ESTONIA-LUXEMBOURG No convention. 100. ESTONIA-HUNGARY No convention. 101. ESTONIA-MALTA No convention. 102. ESTONIA-NETHERLANDS No convention. 103. ESTONIA-AUSTRIA No convention. 104. ESTONIA-POLAND No convention. 105. ESTONIA-PORTUGAL No convention. 106. ESTONIA-SLOVAKIA No convention. 107. ESTONIA-SLOVAKIA No convention. 108. ESTONIA-FINLAND None. 109. ESTONIA-SWEDEN None. 110. ESTONIA-UNITED KINGDOM No convention. 111. GREECE-SPAIN No convention. 112. GREECE-FRANCE Articles 16 (fourth subparagraph) and 30 of the General Convention of 19 April 1958 .113. GREECE-IRELAND No convention. 114. GREECE-ITALY No convention. 115. GREECE-CYPRUS None. 116. GREECE-LATVIA No convention. 117. GREECE-LITHUANIA No convention. 118. GREECE-LUXEMBOURG No convention. 119. GREECE-HUNGARY No convention. 120. GREECE-MALTA No convention. 121. GREECE-NETHERLANDS Article 4 (2) of the General Convention of 13 September 1966 .122. GREECE-AUSTRIA (a) Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of21 May 1986 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
123. GREECE-POLAND None. 124. GREECE-PORTUGAL No convention. 125. GREECE-SLOVENIA No convention. 126. GREECE-SLOVAKIA None. 127. GREECE-FINLAND Articles 5 (2) and 21 of the Convention on social security of 21 March 1988 .128. GREECE-SWEDEN Articles 5 (2) and 23 of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of14 September 1984 .129. GREECE-UNITED KINGDOM No convention. 130. SPAIN-FRANCE None. 131. SPAIN-IRELAND No convention. 132. SPAIN-ITALY Articles 5, 18 (1) (c) and 23 of the Convention on social security of 30 October 1979 .133. SPAIN-CYPRUS No convention. 134. SPAIN-LATVIA No convention. 135. SPAIN-LITHUANIA No convention. 136. SPAIN-LUXEMBOURG (a) Article 5 (2) of the Convention of 8 May 1969 .(b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of8 May 1969 to self-employed persons.
137. SPAIN-HUNGARY No convention. 138. SPAIN-MALTA No convention. 139. SPAIN-NETHERLANDS Article 23 (2) of the Convention on social security of 5 February 1974 .140. SPAIN-AUSTRIA (a) Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
141. SPAIN-POLAND None. 24. SPAIN-PORTUGAL Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits).143. SPAIN-SLOVENIA No convention. 144. SPAIN-SLOVAKIA No convention. 145. SPAIN-FINLAND Article 5 (2) of the Convention on social security of 19 December 1985 .146. SPAIN-SWEDEN Articles 5 (2) and 16 of the Convention on social security of 4 February 1983 .147. SPAIN-UNITED KINGDOM None. 148. FRANCE-IRELAND No convention. 149. FRANCE-ITALY (a) Articles 20 and 24 of the General Convention of 31 March 1948 .(b) The exchange of letters of 3 March 1956 (sickness benefits for seasonal workers employed in agriculture).
150. FRANCE-CYPRUS No convention. 151. FRANCE-LATVIA No convention. 152. FRANCE-LITHUANIA No convention. 153. FRANCE-LUXEMBOURG Articles 11 and 14 of the Complementary Agreement of 12 November 1949 to the General Convention of the same date (workers in mines and similar undertakings).154. FRANCE-HUNGARY No convention. 155. FRANCE-MALTA No convention. 156. FRANCE-NETHERLANDS Article 11 of the Complementary Agreement of 1 June 1954 to the General Convention of7 January 1950 (workers in mines and similar undertakings).157. FRANCE-AUSTRIA None. 158. FRANCE-POLAND None. 159. FRANCE-PORTUGAL None. 160. FRANCE-SLOVENIA None. 161. FRANCE-SLOVAKIA None. 162. FRANCE-FINLAND None. 163. FRANCE-SWEDEN None. 164. FRANCE-UNITED KINGDOM The exchange of letters of 27 and30 July 1970 concerning the position with regard to social security of United Kingdom teachers temporarily pursing their profession in France by virtue of the Cultural Convention of2 March 1948 .165. IRELAND-ITALY No convention. 166. IRELAND-CYPRUS No convention. 167. IRELAND-LATVIA No convention. 168. IRELAND-LITHUANIA No convention. 169. IRELAND-LUXEMBOURG No convention. 170. IRELAND-HUNGARY No convention. 171. IRELAND-MALTA No convention. 172. IRELAND-NETHERLANDS No convention. 173. IRELAND-AUSTRIA Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.174. IRELAND-POLAND No convention. 175. IRELAND-PORTUGAL No convention. 176. IRELAND-SLOVENIA No convention. 177. IRELAND-SLOVAKIA No convention. 178. IRELAND-FINLAND No convention. 179. IRELAND-SWEDEN No convention. 25. IRELAND-UNITED KINGDOM Article 8 of the Agreement of 14 September 1971 on social security (concerning the transfer and reckoning of certain disability credits).181. ITALY-CYPRUS No convention. 182. ITALY-LATVIA No convention. 183. ITALY-LITHUANIA No convention. 184. ITALY-LUXEMBOURG Articles 18 (2) and 24 of the General Convention of 29 May 1951 .185. ITALY-HUNGARY No convention. 186. ITALY-MALTA No convention. 187. ITALY-NETHERLANDS Article 21 (2) of the General Convention of 28 October 1952 .188. ITALY-AUSTRIA (a) Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981 .(b) Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.
189. ITALY-POLAND No convention. 190. ITALY-PORTUGAL No convention. 26. ITALY-SLOVENIA (a) Agreement on regulation of mutual obligations in social insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959 ).(b) Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste.
192. ITALY-SLOVAKIA No convention. 193. ITALY-FINLAND No convention. 194. ITALY-SWEDEN Article 20 of the Convention onsocial security of 25 September 1979 .195. ITALY-UNITED KINGDOM None. 196. CYPRUS-LATVIA No convention. 197. CYPRUS-LITHUANIA No convention. 198. CYPRUS-LUXEMBOURG No convention. 199. CYPRUS-HUNGARY No convention. 200. CYPRUS-MALTA No convention. 201. CYPRUS-NETHERLANDS No convention. 202. CYPRUS-AUSTRIA None. 203. CYPRUS-POLAND No convention. 204. CYPRUS-PORTUGAL No convention. 205. CYPRUS-SLOVENIA No convention. 206. CYPRUS-SLOVAKIA None. 207. CYPRUS-FINLAND No convention. 208. CYPRUS-SWEDEN No convention. 209. CYPRUS-UNITED KINGDOM None. 210. LATVIA-LITHUANIA None. 211. LATVIA-LUXEMBOURG No convention. 212. LATVIA-HUNGARY No convention. 213. LATVIA-MALTA No convention. 214. LATVIA-NETHERLANDS No convention. 215. LATVIA-AUSTRIA No convention. 216. LATVIA-POLAND No convention. 217. LATVIA-PORTUGAL No convention. 218. LATVIA-SLOVENIA No convention. 219. LATVIA-SLOVAKIA No convention. 220. LATVIA-FINLAND None. 221. LATVIA-SWEDEN None. 222. LATVIA-UNITED KINGDOM No convention. 223. LITHUANIA-LUXEMBOURG No convention. 224. LITHUANIA-HUNGARY No convention. 225. LITHUANIAMALTA No convention. 226. LITHUANIA-NETHERLANDS No convention. 227. LITHUANIA-AUSTRIA No convention. 228. LITHUANIA-POLAND No convention. 229. LITHUANIA-PORTUGAL No convention. 230. LITHUANIA-SLOVENIA No convention. 231. LITHUANIA-SLOVAKIA No convention. 232. LITHUANIA-FINLAND None. 233. LITHUANIA-SWEDEN None. 234. LITHUANIA-UNITED KINGDOM No convention. 235. LUXEMBOURG-HUNGARY No convention. 236. LUXEMBOURG-MALTA No convention. 237. LUXEMBOURG-NETHERLANDS None. 238. LUXEMBOURG-AUSTRIA (a) Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of16 May 1973 and No 2 of9 October 1978 .(b) Article 3 (2) of the said Convention as regards persons residing in a third State. (c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
239. LUXEMBOURG-POLAND None. 240. LUXEMBOURG-PORTUGAL Article 3 (2) of the Convention of 12 February 1965 .241. LUXEMBOURG-SLOVENIA None. 27. LUXEMBOURG-SLOVAKIA Article 50(5) of the Treaty on Social Security of 23 May 2002 .243. LUXEMBOURG-FINLAND Article 5 (2) of the Convention on social security of 15 September 1988 .244. LUXEMBOURG-SWEDEN (a) Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.(b) Article 30 of the said Convention.
245. LUXEMBOURG-UNITED KINGDOM None. 246. HUNGARY-MALTA No convention. 247. HUNGARY-NETHERLANDS None. 28. HUNGARY-AUSTRIA Article 36(3) of the Convention on Social Security of 31 March 1999 .249. HUNGARY-POLAND None. 250. HUNGARY-PORTUGAL No convention. 29. HUNGARY-SLOVENIA Article 31 of the Convention on social security of 7 October 1957 .252. HUNGARY-SLOVAKIA None. 253. HUNGARY-FINLAND None. 254. HUNGARY-SWEDEN None. 255. HUNGARY-UNITED KINGDOM None. 256. MALTA-NETHERLANDS No convention. 257. MALTA-AUSTRIA No convention. 258. MALTA-POLAND No convention. 259. MALTA-PORTUGAL No convention. 260. MALTA-SLOVENIA No convention. 261. MALTA-SLOVAKIA No convention. 262. MALTA-FINLAND No convention. 263. MALTA-SWEDEN No convention. 264. MALTA-UNITED KINGDOM None. 265. LUXEMBOURG-AUSTRIA (a) Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of5 November 1980 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
266. NETHERLANDS-POLAND No convention. 30. NETHERLANDS-PORTUGAL Article 31 of the Convention of 19 July 1979 (export of unemployment benefits).268. NETHERLANDS-SLOVENIA None. 269. NETHERLANDS-SLOVAKIA None. 270. NETHERLANDS-FINLAND No convention. 271. NETHERLANDS-SWEDEN Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.272. NETHERLANDS-UNITED KINGDOM None. 31. AUSTRIA-POLAND Article 33(3) of the Convention on social security of 7 September 1998 .274. AUSTRIA-PORTUGAL None. 32. AUSTRIA-SLOVENIA Article 37 of the Convention on social security of 10 March 1997 .33. AUSTRIA-SLOVAKIA Article 34(3) of the Agreement of 21 December 2001 on Social Security.277. AUSTRIA-FINLAND (a) Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of9 March 1993 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
278. AUSTRIA-SWEDEN Convention on social security of 21 March 1996 279. AUSTRIA-UNITED KINGDOM (a) Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of9 December 1985 and No 2 of13 October 1992 as regards persons residing in a third State.(b) Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.
280. POLAND-PORTUGAL No convention. 281. POLAND-SLOVENIA None. 282. POLAND-SLOVAKIA None. 283. POLAND-FINLAND No convention. 284. POLAND-SWEDEN None. 34. PORTUGAL-UNITED KINGDOM None. 286. PORTUGAL-SLOVENIA No convention. 287. PORTUGAL-SLOVAKIA No convention. 288. PORTUGAL-FINLAND No convention. 289. PORTUGAL-SWEDEN Article 6 of the Convention on social security of 25 October 1978 .30. PORTUGAL-UNITED KINGDOM (a) Article 2 (1) of the Protocol on medical treatment of 15 November 1978 .(b) As regards Portuguese employed persons, and for the period from 22 October 1987 to the end of the transitional period provided for in Article 220 (1) of the Act relating to the conditions of accession of Spain and Portugal: Article 26 of the Social Security Convention of15 November 1978 , as amended by the Exchange of Letters of28 September 1987 .
291. SLOVENIA-SLOVAKIA None. 292. SLOVENIA-FINLAND No convention. 293. SLOVENIA-SWEDEN None. 294. SLOVENIA-UNITED KINGDOM None. 295. SLOVAKIA-FINLAND No convention. 296. SLOVAKIA-SWEDEN No convention. 297. SLOVAKIA-UNITED KINGDOM None. 35. FINLAND-SWEDEN Article 10 of the Nordic Convention on Social Security of 15 June 1992 , concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country making a more expensive return travel to the country of residence necessary.299. FINLAND-UNITED KINGDOM None. 300. SWEDEN-UNITED KINGDOM Article 4 (3) of the Convention on social security of 29 June 1987 .
1. BELGIUM-CZECH REPUBLIC No convention. 2. BELGIUM-DENMARK No convention. 3. . . . . . 4. BELGIUM-ESTONIA No convention. 5. BELGIUM-GREECE None. 6. BELGIUM-SPAIN None. 7. BELGIUM-FRANCE (a) The exchange of letters of 29 July 1953 on allowances to elderly employed persons.(b) The exchange of letters of 27 February 1953 (application of Article 4 (2) of the General Convention of17 January 1948 ).
5. BELGIUM-GREECE None. 8. BELGIUM-IRELAND None. 9. BELGIUM-ITALY None. 10. BELGIUM-CYPRUS No convention. 11. BELGIUM-LATVIA No convention. 12. BELGIUM-LITHUANIA No convention. 13. BELGIUM-LUXEMBOURG Articles 2 and 4 of the Agreement of 27 October 1971 (overseas social security).14. BELGIUM-HUNGARY No convention. 15. BELGIUM-MALTA No convention. 16. BELGIUM-NETHERLANDS Articles 2 and 4 of the Agreement of 4 February 1969 (overseas occupation).17. BELGIUM-AUSTRIA (a) Article 4 of the Convention on social security of 4 April 1977 as regards persons residing in a third State.(b) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
18. BELGIUM-POLAND None. 19. BELGIUM-PORTUGAL Articles 1 and 5 of the Convention of 13 January 1965 (social security for employees of the Belgian Congo and Rwanda-Urundi) in the wording that appears in the Agreement concluded by exchange of letters dated18 June 1982 .20. BELGIUM-SLOVENIA None. 21. BELGIUM-SLOVAKIA None. 22. BELGIUM-FINLAND No convention. 23. BELGIUM-SWEDEN No convention. 24. BELGIUM-UNITED KINGDOM None. 25. CZECH REPUBLIC-DENMARK No convention. 26. CZECH REPUBLIC-GERMANY No convention. 27. CZECH REPUBLIC-ESTONIA No convention. 28. CZECH REPUBLIC-GREECE None. 29. CZECH REPUBLIC-SPAIN None. 30. CZECH REPUBLIC-FRANCE None. 31. CZECH REPUBLIC-IRELAND No convention. 32. CZECH REPUBLIC-ITALY No convention. 1. BULGARIA-AUSTRIA Article 38(3) of the Convention on social security of 14 April 2005 .2. CZECH REPUBLIC-CYPRUS Article 32(4) of the Agreement on Social Security of 19 January 1999 .34. CZECH REPUBLIC-LATVIA No convention. 35. CZECH REPUBLIC-LITHUANIA None. 36. CZECH REPUBLIC-LUXEMBOURG None. 37. CZECH REPUBLIC-HUNGARY None. 38. CZECH REPUBLIC-MALTA No convention. 39. CZECH REPUBLIC-NETHERLANDS No convention. 3. CZECH REPUBLIC-AUSTRIA Article 32 (3) of the Convention on social security of 20 July 1999 .41. CZECH REPUBLIC-POLAND None. 42. CZECH REPUBLIC-PORTUGAL No convention. 43. CZECH REPUBLIC-SLOVENIA None. 44. CZECH REPUBLIC-SLOVAKIA None. 45. CZECH REPUBLIC-FINLAND No convention. 46. CZECH REPUBLIC-SWEDEN No convention. 47. CZECH REPUBLIC-UNITED KINGDOM No convention. 48. DENMARK-GERMANY (a) Point 15 of the Final Protocol to the Convention on social insurances of 14 August 1953 .(b) The Complementary Agreement of 14 August 1953 to the Convention mentioned above.
49. DENMARK-ESTONIA No convention. 50. DENMARK-GREECE No convention. 51. DENMARK-SPAIN No convention. 52. DENMARK-FRANCE None. 53. DENMARK-IRELAND No convention. 54. DENMARK-ITALY No convention. 55. DENMARK-CYPRUS No convention. 56. DENMARK-LATVIA No convention. 57. DENMARK-LITHUANIA No convention. 58. DENMARK-LUXEMBOURG No convention. 59. DENMARK-HUNGARY No convention. 60. DENMARK-MALTA No convention. 61. DENMARK-NETHERLANDS No convention. 62. DENMARK-AUSTRIA (a) Article 4 of the Convention on social security of 16 June 1987 as regards persons residing in a third State.(b) Point I of the Final Protocol to the said Convention as regards persons residing in a third State.
63. DENMARK-POLAND No convention. 64. DENMARK-PORTUGAL No convention. 65. DENMARK-SLOVENIA None. 66. DENMARK-SLOVAKIA No convention. 67. DENMARK-FINLAND None. 68. DENMARK-SWEDEN None. 69. DENMARK-UNITED KINGDOM None. 70. GERMANY-ESTONIA No convention. 71. GERMANY-GREECE Protocol of 7 October 1991 in conjunction with the Agreement of6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.72. GERMANY-SPAIN Article 4 (1) and 45 (2) of the Social Security Convention of 4 December 1973 .73. GERMANY-FRANCE (a) Articles 16 (second paragraph) and 19 on the General Convention of 10 July 1950 .(b) Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in added Section No 2 of18 June 1955 .(c) Titles I and III of added Section No 2 of 18 June 1955 .(d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date.(e) Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar).
74. GERMANY-IRELAND No convention. 75. GERMANY-ITALY (a) Articles 3 (2) and 26 of the Convention of 5 May 1952 (social insurance).(b) The Complementary Agreement of 12 May 1953 to the Convention of5 May 1953 (payment of pensions for the period prior to the entry into force of the Convention).
76. GERMANY-CYPRUS No convention. 77. GERMANY-LATVIA No convention. 78. GERMANY-LITHUANIA No convention. 79. GERMANY-LUXEMBOURG Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the dispute between Germany and Luxembourg).4. GERMANY-HUNGARY Point 16 of the Closing Protocol to the Convention on social security of 2 May 1998 .81. GERMANY-MALTA No convention. 82. GERMANY-NETHERLANDS (a) Article 3 (2) of the Convention of 29 March 1951 .(b) Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between13 May 1940 and1 September 1945 ).
83. GERMANY-AUSTRIA (a) Article 41 of the Convention on social security of 22 December 1966 as amended by Complementary Conventions No 1 of10 April 1969 , No 2 of29 March 1974 and No 3 of29 August 1980 .(b) Paragraph 20 (a) of the Final Protocol to the said Convention. (c) Article 3 of the said Convention as regards persons residing in a third State. (d) Paragraph 3 (g) of the Final Protocol to the said Convention. (e) Article 4 (1) of the Convention as regards the German legislation, under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give rise to payment of benefits or only give rise to payment of benefits under certain conditions, when those entitled to them reside outside the territory of the Federal Republic of Germany, in cases in which: (i) the benefit has already been paid or is payable on 1 January 1994 ;(ii) the beneficiary has established his habitual residence in Austria before 1 January 1994 and the payment of pensions due under the pension and accident insurance begins prior to31 December 1994 ;
this shall also apply to periods during which another pension, including a survivor's pension was collected, replacing the initial one, when the periods of collection follow each other without interruption. (f) Paragraph 19 (b) of the Final Protocol to the said Convention. In applying Number 3 (c) of this provision the amount taken into account by the competent institution shall not exceed the amount which is due in respect of the corresponding periods to be remunerated by this institution.
84. GERMANY-POLAND None. 85. GERMANY-PORTUGAL Article 5 (2) of the Convention of 6 November 1964 .5. GERMANY-SLOVENIA (a) Article 42 of the Convention on social security of 24 September 1997 .(b) Point 15 of the Final Protocol to the said Convention.
87. GERMANY-SLOVAKIA No convention. 88. GERMANY-FINLAND Article 4 of the Social Security Agreement of 28 April 1997 .89. GERMANY-SWEDEN Article 4 (2) of the Convention on social security of 27 February 1976 .90. GERMANY-UNITED KINGDOM (a) Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social security of 20 April 1960 .(b) Articles 2 to 7 of the Final Protocol to the Convention on social security of 20 April 1960 .(c) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment insurance of 20 April 1960 .
91. ESTONIA-GREECE No convention. 92. ESTONIA-SPAIN No convention. 93. ESTONIA-FRANCE No convention. 94. ESTONIA-IRELAND No convention. 95. ESTONIA-ITALY No convention. 96. ESTONIA-CYPRUS No convention. 97. ESTONIA-LATVIA No convention. 98. ESTONIA-LITHUANIA No convention. 99. ESTONIA-LUXEMBOURG No convention. 100. ESTONIA-HUNGARY No convention. 101. ESTONIA-MALTA No convention. 102. ESTONIA-NETHERLANDS No convention. 103. ESTONIA-AUSTRIA No convention. 104. ESTONIA-POLAND No convention. 105. ESTONIA-PORTUGAL No convention. 106. ESTONIA-SLOVENIA No convention. 107. ESTONIA-SLOVAKIA No convention. 108. ESTONIA-FINLAND None. 109. ESTONIA-SWEDEN None. 110. ESTONIA-UNITED KINGDOM No convention. 111. GREECE-SPAIN No convention. 112. GREECE-FRANCE None. 113. GREECE-IRELAND No convention. 114. GREECE-ITALY No convention. 115. GREECE-CYPRUS None. 116. GREECE-LATVIA No convention. 117. GREECE-LITHUANIA No convention. 118. GREECE-LUXEMBOURG No convention. 119. GREECE-HUNGARY No convention. 120. GREECE-MALTA No convention. 121. GREECE-NETHERLANDS None. 122. GREECE-AUSTRIA (a) Article 4 of the Convention on social security of 14 December 1979 as amended by the Complementary Convention of21 May 1986 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
123. GREECE-POLAND None. 124. GREECE-PORTUGAL No convention. 125. GREECE-SLOVENIA No convention. 126. GREECE-SLOVAKIA None. 127. GREECE-FINLAND Article 5 (2) of the Convention on social security of 11 March 1988 .128. GREECE-SWEDEN Article 5 (2) of the Convention on social security of 5 May 1978 as amended by the Complementary Convention of14 September 1984 .129. GREECE-UNITED KINGDOM No convention. 130. SPAIN-FRANCE None. 131. SPAIN-IRELAND No convention. 132. SPAIN-ITALY Articles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30 October 1979 .133. SPAIN-NETHERLANDSCYPRUS No convention. 134. SPAIN-LATVIA No convention. 135. SPAIN-LITHUANIA No convention. 136. SPAIN-LUXEMBOURG (a) Article 5 (2) of the Convention of 8 May 1969 .(b) Article 1 of the Administrative Arrangement of 27 June 1975 for the application of the Convention of8 May 1969 to self-employed persons.
137. SPAIN-HUNGARY No convention. 138. SPAIN-MALTA No convention. 139. SPAIN-NETHERLANDS Article 23 (2) of the Convention on Social Security of 5 February 1974 .140. SPAIN-AUSTRIA (a) Article 4 of the Convention on social security of 6 November 1981 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
141. SPAIN-POLAND None. 142. SPAIN-PORTUGAL Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June 1969 .143. SPAIN-SLOVENIA No convention. 144. SPAIN-SLOVAKIA No convention. 145. SPAIN-FINLAND Articles 5 (2) of the Convention on social security of 19 December 1985 .146. SPAIN-SWEDEN Articles 5 (2) and 16 of the Convention on social security of 4 February 1983 .147. SPAIN-UNITED KINGDOM None. 148. FRANCE-IRELAND No convention. 149. FRANCE-ITALY Articles 20 and 24 of the General Convention of 31 March 1948 .150. FRANCE-CYPRUS No convention. 151. FRANCE-LATVIA No convention. 152. FRANCE-LITHUANIA No convention. 153. FRANCE-LUXEMBOURG None. 154. FRANCE-HUNGARY No convention. 155. FRANCE-MALTA No convention. 156. FRANCE-NETHERLANDS None. 157. FRANCE-AUSTRIA None. 158. FRANCE-POLAND None. 159. FRANCE-PORTUGAL None. 160. FRANCE-SLOVENIA None. 161. FRANCE-SLOVAKIA None. 162. FRANCE-FINLAND No convention. 163. FRANCE-SWEDEN None. 164. FRANCE-UNITED KINGDOM The exchange of letters of 27 and30 July 1970 concerning the position with regard to social security of United Kingdom teachers temporarily pursuing their profession in France by virtue of the Cultural Convention of2 March 1948 .165. IRELAND-ITALY No convention. 166. IRELAND-CYPRUS No convention. 167. IRELAND-LATVIA No convention. 168. IRELAND-LITHUANIA No convention. 169. IRELAND-LUXEMBOURG No convention. 170. IRELAND-HUNGARY No convention. 171. IRELAND-MALTA No convention. 172. IRELAND-NETHERLANDS No convention. 173. IRELAND-AUSTRIA Article 4 of the Convention on social security of 30 September 1988 as regards persons residing in a third State.174. IRELAND-POLAND No convention. 175. IRELAND-PORTUGAL No convention. 176. IRELAND-SLOVENIA No convention. 177. IRELAND-SLOVAKIA No convention. 178. IRELAND-FINLAND No convention. 179. IRELAND-SWEDEN No convention. 180. IRELAND-UNITED KINGDOM None. 181. ITALY-CYPRUS No convention. 182. ITALY-LATVIA No convention. 183. ITALY-LITHUANIA No convention. 184. ITALY-LUXEMBOURG None. 185. ITALY-HUNGARY No convention. 186. ITALY-MALTA No convention. 187. ITALY-NETHERLANDS None. 188. ITALY-AUSTRIA (a) Articles 5 (3) and 9 (2) of the Convention on social security of 21 January 1981 .(b) Article 4 of the said Convention and paragraph 2 of the Final Protocol to the said Convention as regards persons residing in a third State.
189. ITALY-POLAND No convention. 190. ITALY-PORTUGAL No convention. 6. ITALY-SLOVENIA (a) Agreement on regulation of mutual obligations in social insurance with reference to paragraph 7 of Annex XIV to the Peace Treaty (concluded by exchange of notes on 5 February 1959 ).(b) Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste.
192. ITALY-SLOVAKIA No convention. 193. ITALY-FINLAND No convention. 194. ITALY-SWEDEN Article 20 of the Convention on social security of 25 September 1979 .195. ITALY-UNITED KINGDOM None. 196. CYPRUS-LATVIA No convention. 197. CYPRUS-LITHUANIA No convention. 198. CYPRUS-LUXEMBOURG No convention. 199. CYPRUS-HUNGARY No convention. 200. CYPRUS-MALTA No convention. 201. CYPRUS-NETHERLANDS No convention. 202. CYPRUS-AUSTRIA None. 203. CYPRUS-POLAND No convention. 204. CYPRUS-PORTUGAL No convention. 205. CYPRUS-SLOVENIA No convention. 206. CYPRUS-SLOVAKIA No convention. 207. CYPRUS-FINLAND No convention. 208. CYPRUS-SWEDEN No convention. 209. CYPRUS-UNITED KINGDOM No convention. 210. LATVIA-LITHUANIA None. 211. LATVIA-LUXEMBOURG No convention. 212. LATVIA-HUNGARY No convention. 213. LATVIA-MALTA No convention. 214. LATVIA-NETHERLANDS No convention. 215. LATVIA-AUSTRIA No convention. 216. LATVIA-POLAND No convention. 217. LATVIA-PORTUGAL No convention. 218. LATVIA-SLOVENIA No convention. 219. LATVIA-SLOVAKIA No convention. 220. LATVIA-FINLAND None. 221. LATVIA-SWEDEN None. 222. LATVIA-UNITED KINGDOM No convention. 223. LITHUANIA-LUXEMBOURG No convention. 224. LITHUANIA-HUNGARY No convention. 225. LITHUANIA-MALTA No convention. 226. LITHUANIA-NETHERLANDS No convention. 227. LITHUANIA-AUSTRIA No convention. 228. LITHUANIA-POLAND No convention. 229. LITHUANIA-PORTUGAL No convention. 230. LITHUANIA-SLOVENIA No convention. 231. LITHUANIA-SLOVAKIA No convention. 232. LITHUANIA-FINLAND None. 233. LITHUANIA-SWEDEN None. 234. LITHUANIA-UNITED KINGDOM No convention. 235. LUXEMBOURG-HUNGARY No convention. 236. LUXEMBOURG-MALTA No convention. 237. LUXEMBOURG-NETHERLANDS None. 238. LUXEMBOURG-AUSTRIA (a) Article 5 (2) of the Convention on social security of 21 December 1971 as amended by Complementary Conventions No 1 of16 May 1973 and No 2 of9 October 1978 .(b) Article 3 (2) of the said Convention as regards persons residing in a third State. (c) Point III of the Final Protocol to the said Convention as regards persons residing in a third State.
239. LUXEMBOURG-POLAND None. 240. LUXEMBOURG-PORTUGAL Article 3 (2) of the Convention of 12 February 1965 .241. LUXEMBOURG-SLOVENIA None. 242. LUXEMBOURG-SLOVAKIA No convention. 243. LUXEMBOURG-FINLAND Article 5 (2) of the Convention on social security of 15 September 1988 .244. LUXEMBOURG-SWEDEN Articles 4 and 29 (1) of the Convention on social security of 21 February 1985 as regards persons residing in a third State.245. LUXEMBOURG-UNITED KINGDOM None. 246. HUNGARY-MALTA No convention. 247. HUNGARY-NETHERLANDS None. 7. HUNGARY-AUSTRIA Article 36 (3) of the Convention on social security of 31 March 1999 .249. HUNGARY-POLAND None. 250. HUNGARY-PORTUGAL No convention. 8. HUNGARY-SLOVENIA Article 31 of the Convention on social security of 7 October 1957 .252. HUNGARY-SLOVAKIA None. 253. HUNGARY-FINLAND None. 254. HUNGARY-SWEDEN None. 255. HUNGARY-UNITED KINGDOM None. 256. MALTA-NETHERLANDS No convention. 257. MALTA-AUSTRIA No convention. 258. MALTA-POLAND No convention. 259. MALTA-PORTUGAL No convention. 260. MALTA-SLOVENIA No convention. 261. MALTA-SLOVAKIA No convention. 262. MALTA-FINLAND No convention. 263. MALTA-SWEDEN No convention. 264. MALTA-UNITED KINGDOM None. 265. NETHERLANDS-AUSTRIA (a) Article 3 of the Convention on social security of 7 March 1974 as amended by the Complementary Convention of5 November 1980 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
266. NETHERLANDS-POLAND No convention. 267. NETHERLANDS-PORTUGAL Article 5 (2) of the Convention of 19 July 1979 .268. NETHERLANDS-SLOVENIA None. 269. NETHERLANDS-SLOVAKIA None. 270. NETHERLANDS-FINLAND No convention. 271. NETHERLANDS-SWEDEN Articles 4 and 24 (3) of the Convention on social security of 2 July 1976 as regards persons residing in a third State.272. NETHERLANDS-UNITED KINGDOM None. 9. AUSTRIA-POLAND Article 33(3) of the Convention on social security of 7 September 1998 .274. AUSTRIA-PORTUGAL None. 10. AUSTRIA-SLOVENIA Article 37 of the Convention on social security of 10 March 1997 .11. AUSTRIA-SLOVAKIA Article 34(3) of the Agreement of 21 December 2001 on Social Security.277. AUSTRIA-FINLAND (a) Article 4 of the Convention on social security of 11 December 1985 as amended by the Complementary Convention of9 March 1993 as regards persons residing in a third State.(b) Point II of the Final Protocol to the said Convention as regards persons residing in a third State.
278. AUSTRIA-SWEDEN Article 5 of the Convention on social security of 21 March 1996 279. AUSTRIA-UNITED KINGDOM (a) Article 3 of the Convention on social security of 22 July 1980 as amended by Complementary Conventions No 1 of9 December 1985 and No 2 of13 October 1992 as regards persons residing in a third State.(b) Protocol concerning benefits in kind to the said Convention with the exception of Article 2 (3) as regards persons who cannot claim treatment under Chapter 1 of Title III of the Regulation.
280. POLAND-PORTUGAL No convention. 281. POLAND-SLOVENIA None. 282. POLAND-SLOVAKIA None. 283. POLAND-FINLAND No convention. 284. POLAND-SWEDEN None. 285. POLAND-UNITED KINGDOM None. 286. PORTUGAL-SLOVENIA No convention. 287. PORTUGAL-SLOVAKIA No convention. 288. PORTUGAL-FINLAND No convention. 289. PORTUGAL-SWEDEN Article 6 of the Convention on social security of 25 October 1978 .290. PORTUGAL-UNITED KINGDOM Article 2 (1) of the Protocol on medical treatment of 15 November 1978 .291. SLOVENIA-SLOVAKIA None. 292. SLOVENIA-FINLAND No convention. 293. SLOVENIA-SWEDEN None. 294. SLOVENIA-UNITED KINGDOM None. 295. SLOVAKIA-FINLAND No convention. 296. SLOVAKIA-SWEDEN No convention. 297. SLOVAKIA-UNITED KINGDOM None. 298. FINLAND-SWEDEN None. 299. FINLAND-UNITED KINGDOM None. 300. SWEDEN-UNITED KINGDOM Article 4 (3) of the Convention on social security of 29 June 1987 .
A. BELGIUM (a) Legislation relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners. (b) Legislation on insurance for self-employed persons against incapacity to work. (c) Legislation relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi.
B. BULGARIA None. C. CZECH REPUBLIC Full disability pension for persons whose total disability arose before reaching eighteen years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.). D. DENMARK None. E. GERMANY None. F. ESTONIA (a) Invalidity pensions granted before 1 April 2000 under the State Allowances Act and which are retained under the State Pension Insurance Act.(b) National pensions granted on the basis of invalidity according to the State Pension Insurance Act. (c) Invalidity pensions granted according to the Defence Forces Service Act, Police Service Act, Prosecutor's Office Act, Status of Judges Act, Members of the Riigikogu Salaries, Pensions and Other Social Guarantees Act and President of the Republic Official Benefits Act.
G. GREECE Legislation relating to the agricultural insurance scheme. H. SPAIN Legislation relating to invalidity insurance under the general scheme and under the special schemes, except the special schemes for civil servants, the armed forces and the judicial administration. I. FRANCE 1. Employed persons All legislations on invalidity insurance, except for the legislation concerning the invalidity insurance of the social security scheme for miners. 2. Self-employed persons The legislation on invalidity insurance for persons self-employed in agriculture.
F. GREECE Legislation relating to the agricultural insurance scheme. J. IRELAND Part 2, Chapter 17, of the Social Welfare Consolidation Act 2005. K. ITALY None. L. CYPRUS None. M. LATVIA Article 16 (1) (2) of the Law on State Pensions of 1 January 1996 .N. LITHUANIA None. O. LUXEMBOURG None. P. HUNGARY None. Q. MALTA None. R. THE NETHERLANDS (a) The law of 18 February 1966 on insurance against incapacity for work, as amended.(b) Law of 24 April 1997 on insurance against incapacity for work by self-employed persons (WAZ), as amended.(c) de Wet werk en inkomen naar arbeidsvermogen (the Work and Income according to Labour Capacity Act) (WIA) of 10 November 2005 .
S. AUSTRIA None. T. POLAND None. U. PORTUGAL None. V. ROMANIA None. W. SLOVENIA None. X. SLOVAKIA Invalidity pension for a person who became invalid as a dependent child and who is always deemed to have fulfilled the required period of insurance (Article 70(2), Article 72(3) and Article 73(3) and (4) of Act No 461/2003 on social insurance, as amended). Y. FINLAND National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act (547/93)). Z. SWEDEN The legislation on earnings-related benefits for long‐term incapacity for work (Chapter 8 of Law 1962: 381 on General Insurance, as amended). AA. UNITED KINGDOM (a) Great Britain Sections 15 and 36 of the Social Security Act 1975. Sections 14, 15 and 16 of the Social Security Pensions Act 1975. (b) Northern Ireland Sections 15 and 36 of the Social Security (Northern Ireland) Act 1975. Articles 16, 17 and 18 of the Social security Pensions (Northern Ireland) Order 1975.
A. BELGIUM None. B. BULGARIA None. C. CZECH REPUBLIC None. D. DENMARK None. E. GERMANY Farmers' old-age insurance (Alterssicherung der Landwirte). F. ESTONIA None. G. GREECE None. H. SPAIN Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as described in Royal Decree No 2390/2004 of 30 December 2004 .I. FRANCE None. F. GREECE None. J. IRELAND None. K. ITALY Pension insurance schemes for (Assicurazione pensioni per): medical practitioners (medici) pharmacists (farmacisti) veterinarians (veterinari) nurses, medical auxiliaries, children's nurses (infermieri, assistenti sanitari, vigilatrici infanzia) psychologists (psicologi) engineers and architects (ingegneri ed architetti) surveyors (geometri) solicitors (avvocati) economists (dottori commercialisti) accountants and business experts (ragionieri e periti commerciali) employment consultants (consulenti del lavoro) notaries (notai) customs agents (spedizionieri doganali) biologists (biologi) agricultural technicians and scientists (agrotecnici e periti agrari) sales representatives (agenti e rappresentanti di commercio) journalists (giornalisti) industrial technicians (periti industriali) actuaries, chemists, agronomists, foresters, geologists (attuari, chimici, dottori agronomi, dottori forestali, geologi).
L. CYPRUS None. M. LATVIA None. N. LITHUANIA None. O. LUXEMBOURG None. P. HUNGARY None. Q. MALTA None. R. THE NETHERLANDS None. S. AUSTRIA Pension schemes of pension institutions of liberal profession associations (Kammern der Freien Berufe). T. POLAND None. U. PORTUGAL None. V. ROMANIA None. W. SLOVENIA None. X. SLOVAKIA None. Y. FINLAND None. Z. SWEDEN None. AA. UNITED KINGDOM None.
A. BELGIUM None. B. BULGARIA All applications for pensions for periods of insurance and old age, invalidity pensions because of general disease, and survivors' pensions derived from the above mentioned pensions. C. CZECH REPUBLIC Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions in cases where they are not derived from the old age pension to which the deceased would be entitled at the time of his death. D. DENMARK All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D. E. GERMANY None. F. ESTONIA All applications for invalidity, old age and survivors' pensions for which periods of insurance in Estonia have been completed up to 31 December 1998 ;the applicant's individually registered social tax, paid in accordance with Estonian legislation, is at least equal to the average social tax for the relevant year of insurance.
G. GREECE None. H. SPAIN None. I. FRANCE All applications for pension benefits or survivor's benefits under supplementary pension schemes for employees, with the exception of applications for old-age pensions or surviving partner's pensions under the supplementary pension scheme for flying personnel employed in civil aviation. F. GREECE None. J. IRELAND All applications for retirement pensions, old age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension K. ITALY Invalidity, retirement and survivors pensions for employed persons and for the following categories of self-employed persons: farmers farming directly, share-croppers, farmers, craftsmen and persons engaged in commercial activities. L. CYPRUS All applications for old-age, invalidity and widows' and widowers' pensions. M. LATVIA None. N. LITHUANIA None. O. LUXEMBOURG None. P. HUNGARY None. Q. MALTA None. R. THE NETHERLANDS All applications for old-age pensions under the law of 31 May 1956 governing general old-age insurance, as amended.S. AUSTRIA 1. All applications for benefit under the Allgemeines Sozialversicherungsgesetz (Act on General Social Security) (ASVG), the Gewerbliches Sozialversicherungsgesetz (Act on Social Security for Persons Engaged in Industry) (GSVG) and the Bauern-Sozialversicherungsgesetz (Act on Social Security for Farmers) (BSVG), in so far as Articles 46b and 46c of the Regulation do not apply. 2. All applications for the following benefits on the basis of a pension account under the Allgemeines Pensionsgesetz (Act on the General Pensions) (APG), in so far as Articles 46b and 46c of the Regulation do not apply: (a) old-age pensions; (b) invalidity pensions; (c) survivors' pensions, save that no increase of benefit is to be calculated on the basis of additional insurance months under Article 7(2) of the APG.
T. POLAND All applications for old-age, disability and survivors' pensions. U. PORTUGAL Invalidity, old-age and widows' pensions. V. ROMANIA None. W. SLOVENIA None. X. SLOVAKIA Survivor's pension (widow's, widower's and orphan's pension) the amount of which is derived from the old-age pension, pre-retirement old-age pension or invalidity pension formerly paid to the deceased. Y. FINLAND None. Z. SWEDEN Income-based old-age pensions (Act 1998:674) and guarantee pensions in the form of old-age pensions (Act 1998:702). AA. UNITED KINGDOM All applications for retirement and widow's pension determined pursuant to the provisions of Title III, Chapter 3 of the Regulation, with the exception of those for which: (a) during a tax year beginning on or after 6 April 1975 :(i) the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and of another Member State; and (ii) one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;
(b) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 46 (2) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.
(a) The invalidity benefits provided for by the legislation referred to in part A of this Annex. (b) The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989 at the latest.(c) The Estonian national pension granted according to the State Pension Insurance Act, old-age pensions granted according to the State Audit Act, Police Service Act and Prosecutor's Office Act and old-age and survivors' pensions granted according to the Legal Chancellor Act, Defence Forces Service Act, Status of Judges Act, Members of the Riigikogu Salaries, Pensions and Other Social Guarantees Act and President of the Republic Official Benefits Act. (d) The Spanish death allowances and survivors' pensions granted under the general and special schemes. (e) The widows' allowance under the widowhood insurance of the French general social security system or the agricultural workers' system. (f) The widowers' or widows' invalidity pension under the French general social security system or the agricultural workers' system, when calculated on the basis of the invalidity pension of a deceased spouse, paid in accordance with Article 46(1)(a)(i). (g) The Netherlands survivors' pension under the Law of 21 December 1995 on general insurance for surviving dependants.(h) Finnish national pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93) and the additional amount of the child's pension in accordance with the Survivors' Pension Act of17 January 1969 .(i) Swedish guarantee pension and guaranteed compensation which have replaced the full Swedish state pensions provided under the legislation on the state pension which applied before 1 January 1993 , the full state pension awarded under the transitional rules of the legislation applying from that date and Swedish income-related sickness compensation and activity compensation.
(a) lDanish early-retirement pensions, the amount of which isdetermined in accordance with legislation in force before 1 October 1984 .(b) German invalidity and survivors' pensions, for whichaccount is taken of a supplementary period, and Germanold-age pensions, for which account is taken of asupplementary period already acquired. (c) Italian pensions for total incapacity for work (inabilità). (d) Latvian invalidity and survivors' pensions for which accountis taken of a credited period of insurance. (e) Lithuanian social insurance invalidity and survivors'pensions. (f) Luxembourg invalidity and survivors' pensions. (g) Slovak invalidity pension and survivors' pension derived therefrom. (h) Finnish employment pensions for which account is taken offuture periods according to the national legislation. (i) Swedish sickness compensation and activity compensation in the form of guaranteed compensation (Act 1962:381, as amended by Act 2001:489), survivor's pension, as calculated on the basis of reckonable periods (Acts 2000:461 and 2000:462) and Swedish old-age pension in the form of guarantee pension calculated on the basis of previously credited periods (Act 1998:702).
(a) Nordic Convention on Social Security of 18 August 2003 .(b) The Social Security Agreement of 28 April 1997 betweenthe Federal Republic of Germany and Finland.(c) Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg.
| Member States | Schemes administered by Member States' institutions who have taken a decision recognizing the degree of invalidity | Schemes administered by Belgian institutions on which the decision is binding in cases of concordance | ||||
|---|---|---|---|---|---|---|
| General scheme | Miners's scheme | Mariners' scheme | OSSOM | |||
| General invalidity | Occupational invalidity | |||||
| — Group III (constant attendance) | Concordance | Concordance | Concordance | Concordance | No concordance | |
| — Group II | ||||||
| — Group I | ||||||
| — Total, general invalidity | Concordance | Concordance | Concordance | Concordance | No concordance | |
| — Two - thirds general invalidity | ||||||
| — Constant attendance | ||||||
| — Partial, general invalidity | Concordance | Concordance | Concordance | Concordance | No concordance | |
| — Constant attendance | ||||||
| — Occupational invalidity | No concordance | No concordance | Concordance | No concordance | No concordance | |
| — General invalidity | Concordance | Concordance | Concordance | Concordance | No concordance | |
| — Constant attendance | ||||||
| — Occupational invalidity | No concordance | No concordance | No concordance | No concordance | No concordance | |
| — Invalidity - manual workers | No concordance | Concordance | Concordance | Concordance | No concordance | |
| — Invalidity - clerical staff | ||||||
| — Unfitness for seafaring | No concordance | No concordance | No concordance | No concordance | No concordance | |
| LUXEMBOURG | Workers's invalidity — manual workers | Concordance | Concordance | Concordance | Concordance | No concordance |
| Invalidity — clerical staff | ||||||
| Member States | Schemes administered by Member States' institutions having taken a decision recognizing the degree of invalidity | Schemes administered by French institutions on which the decision is binding in cases of concordance | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| General scheme | Agricultural scheme | Miner's scheme | Mariner's scheme | ||||||||||
| Group I | Group II | Group III Constant attendance | 2/3 Invalidity | Total invalidity | Constant attendance | 2/3 General invalidity | Constant attendance | Occupational invalidity | 2/3 General invalidity | Total occupational invalidity | Constant attendance | ||
| BELGIUM | 1. General scheme | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance |
| — partial general invalidity | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| — invalidité professionnelle | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | Concordance | ||||
| 3. Mariner's scheme | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| — invalidity - manual workers | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| — occupational invalidity | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| — unfitness for seafaring | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| LUXEMBOURG | Invalidity — manual workers | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance |
| Invalidity — clerical staff | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | No concordance | |
| Member States | Schemes administered by Member States institutions who have taken a decision recognizing the degree of invalidity | Schemes administered by Italian institutions on which the decision is binding in cases of concordance | ||
|---|---|---|---|---|
| General scheme | Mariners Unfitness for navigation | |||
| Manual workers | Clerical staff | |||
| LUXEMBOURG | 1. General scheme | No concordance | No concordance | No concordance |
| — partial general invalidity | Concordance | Concordance | No concordance | |
| — occupational invalidity | No concordance | No concordance | No concordance | |
| 3. Mariners' scheme | No concordance | No concordance | No concordance | |
| — Group III (constant attendance) | Concordance | Concordance | No concordance | |
| — Group II | ||||
| — Group I | ||||
| — total general invalidity | Concordance | Concordance | No concordance | |
| — partial general invalidity | ||||
| — constant attendance | ||||
| — partial general invalidity | Concordance | Concordance | No concordance | |
| — constant attendance | ||||
| — occupational invalidity | No concordance | No concordance | No concordance | |
| — partial general invalidity | No concordance | No concordance | No concordance | |
| — constant attendance | ||||
| — occupational invalidity | ||||
| Member States | Schemes administered by institutions of Member States which have taken a decision recognizing the degree of invalidity | Schemes administered by Luxembourg institutions on which the decision is binding in cases of concordance | |
|---|---|---|---|
| Invalidity — manual workers | Invalidity — clerical staff | ||
| BELGIUM | 1. General scheme | Concordance | Concordance |
| — partial general invalidity | No concordance | No concordance | |
| — occupational invalidity | No concordance | No concordance | |
| 3. Régime des marins: | Concordance | Concordance | |
| — Group III (constant attendance) | Concordance | Concordance | |
| — Group II | |||
| — Group I | |||
| — total general invalidity | Concordance | Concordance | |
| — two-thirds general invalidity | |||
| — constant attendance | |||
| — two-thirds general invalidity | Concordance | Concordance | |
| — constant attendance | |||
| — occupational invalidity | No concordance | No concordance | |
| — partial general invalidity | Concordance | Concordance | |
| — constant attendance | |||
| — occupational invalidity | No concordance | No concordance | |
1. Persons whose entitlement to sickness insurance benefits in kind derives from the provisions of the Belgian compulsory sickness and invalidity scheme applicable to self-employed persons shall be eligible under the provisions of Chapter 1 of Title III of the Regulation, including Article 35 (1), under the following conditions: (a) In the event that they are temporarily resident in the territory of a Member State other than Belgium, the persons concerned shall be entitled: (i) to the benefits in kind provided for under the legislation of the Member State of temporary residence in respect of hospitalization care; (ii) to reimbursement in respect of other benefits in kind provided for under the Belgian scheme by the relevant Belgian institution at the rate provided for under the legislation of the State of temporary residence.
(b) In the event that they are permanently resident in the territory of a Member State other than Belgium, the persons concerned shall be entitled to the benefits in kind provided for under the legislation of the Member State of permanent residence provided that they pay the relevant Belgian institution the appropriate additional contribution provided for under Belgian regulations.
2. For the application of the provisions of Chapters 7 and 8 of Title III of the Regulation by the competent Belgian institution, a child shall be considered to have been brought up in the Member State in whose territory he resides. 3. For the purposes of Article 46 (2) of the Regulation, periods of old-age insurance completed under Belgian legislation before 1 January 1945 shall also be considered as periods of insurance completed under the Belgian legislation on the general invalidity scheme and the mariners' scheme.4. In applying Article 40 (3) (a) (ii), account shall only be taken of periods during which the employed or self-employed person was incapable of work within the meaning of Belgian legislation. 5. For the purposes of Article 46 (2) of the Regulation, periods of old-age insurance completed by self-employed persons under Belgian legislation, prior to the entry into force of the legislation on the incapacity for work of self-employed persons, shall be considered as periods completed under the latter legislation. 6. In order to establish whether the requirements imposed by Belgian legislation for entitlement to unemployment benefits are fulfilled, account shall be taken only of days of paid employment; however, account shall be taken of days accepted as equivalent within the meaning of the said legislation only in so far as the days worked which preceded them were days of paid employment. 7. Pursuant to Articles 72 and 79 (1) (a) of the Regulation, account shall be taken of periods of employment and/or periods of insurance completed under the legislation of another Member State where entitlement to benefit under Belgian legislation is subject to the condition that, for a specified previous period, the qualifying conditions for family benefits in the framework of the scheme for employment persons have been met. 8. For the purposes of applying Article 14a (2), (3) and (4), 14c (a) and 14d of Regulation (EEC) No 1408/71, business revenues in the reference year which serve as a basis for determining the contributions due by virtue of the social arrangements for self-employed persons shall be calculated using the mean annual rate for the year during which this income was received. The rate of conversion is the annual mean of the conversion rates published in the Official Journal of the European Communities pursuant to Article 107 (5) of Regulation (EEC) No 547/72.9. In the calculation of the theoretical amount of an invalidity pension, as referred to in Article 46 (2) of the Regulation, the competent Belgian institution shall take as its basis the income received in the profession last exercised by the person concerned. 10. Any employed person or self-employed person who is no longer insured in Belgium under the sickness and invalidity insurance legislation — which also makes the grant of the right to benefits conditional upon the person concerned being insured when the risk materializes — shall be considered to be still insured when the risk materializes, for the purposes of implementation of Chapter 3 of Title III of the Regulation, if he is insured for the same risks under the legislation of another Member State. 11. If the person concerned is entitled to a Belgian invalidity benefit under Article 45 of the Regulation, that benefit shall be awarded in accordance with the rules laid down by Article 46 (2) of the Regulation: (a) In accordance with the provisions laid down by the Law of 9 August 1963 on the establishment and organization of a compulsory sickness and invalidity insurance scheme if, at the time of occurrence of the incapacity for work, he was insured for the same risk under the legislation of another Member State as an employed person within the meaning of Article 1 (a) of the Regulation.(b) In accordance with the provisions laid down by the Royal Decree of 20 July 1971 on the establishment of an insurance scheme against incapacity for work for self-employed persons if, at the time of occurrence of the incapacity for work, he was a self-employed person within the meaning of Article 1 (a) of the Regulation.
12. The harmful event referred to in Article 1 of the Law of 9 March 1953 making certain adjustments to military pensions and granting free medical care and prescriptions to servicemen invalided in peacetime shall constitute an accident at work or occupational disease within the meaning of Chapter 4 of Title III of the Regulation.
2. Persons who, pursuant to Chapter 1, Title III of the Regulation, are entitled to benefits in kind during a period of stay or residence in Denmark shall be entitled to such benefits on the same terms as those laid down by Danish legislation for persons who, under the law on public health insurance (lov om offentlig sygesikring), belong to Class 1. However, persons who take up residence in Denmark and join the Danish health insurance scheme may, in the same way as insured Danish nationals, opt to belong to Class 2. 3. (a) The provisions of Danish legislation on social pensions that stipulate that the right to pension is subject to the claimant being resident in Denmark are not applicable to employed or self-employed persons or their survivors who reside in the territory of a Member State other than Denmark. (b) For the purpose of calculating the pension, periods of employment or self-employment completed in Denmark by a frontier worker or a seasonal worker are regarded as periods of residence completed in Denmark by the surviving spouse in so far as the surviving spouse was during these periods, linked to the frontier worker or seasonal worker by marriage without separation from bed and board or de facto separation on grounds of incompatibility and provided that during these periods the spouse resided in the territory of another Member State. (c) For the purpose of calculating the pension, periods of employment or self-employment completed in Denmark before 1 January 1984 by an employed or self-employed person other than a frontier worker or seasonal worker shall be regarded as periods of residence completed in Denmark by the surviving spouse, in so far as the surviving spouse was during these periods, linked to the employed or self-employed person by marriage without separation from bed and board or de facto separation on grounds of incompatibility, and provided that during these periods the spouse resided in the territory of another Member State. (d) Periods to be taken into account under the terms of (b) and (c) shall not be taken into consideration if they coincide with the periods taken into account for the calculation of the pension due to the person concerned under the legislation on compulsory insurance of another Member State or with the periods during which the person concerned received a pension under such legislation. These periods shall, however, be taken into consideration if the annual amount of the said pension is less than half the basic amount of the social pension.
4. The terms of the Regulation shall be without prejudice to the provisional rules under the Danish laws of 7 June 1972 on the pension rights of Danish nationals having their effective residence in Denmark for a specified period immediately preceding the date of the claim. However, a pension shall be granted under those conditions laid down for Danish nationals to nationals of other Member States having their effective residence in Denmark during the year immediately preceding the date of claim. 5. (a) The periods during which a frontier worker residing within the territory of a Member State other than Denmark has pursued his professional or trade activity in Denmark are to be considered as periods of residence for the purposes of Danish legislation. The same shall apply to periods in which a frontier worker is posted to or provides services in a Member State other than Denmark. (b) The periods during which a seasonal worker residing within the territory of a Member State other than Denmark has pursued his occupation in Denmark are to be considered as periods of residence for the purposes of Danish legislation. The same applies to periods during which a seasonal worker is posted to the territory of a Member State other than Denmark.
6. In order to determine whether or not conditions for entitlement to daily allowances in the case of sickness or maternity laid down by the law of 20 December 1989 on daily allowances in the case of sickness or maternity have been satisfied, where the person concerned is no longer subject to Danish legislation during the periods of reference fixed by the abovementioned law: (a) account shall be taken of the insurance periods and employment periods fulfilled under the legislation of a Member State other than Denmark during the abovementioned reference periods during which the person concerned was not covered by Danish legislation, as if they are periods completed under the latter legislation, and (b) during the periods taken into account, a self-employed person or an employed person (in cases where, for the latter, remuneration cannot serve as a basis for calculating the daily allowances) are regarded as having had an average remuneration or salary of an amount equal to that on the basis of which the cash allowances are calculated in respect of the periods completed under Danish legislation during the reference periods.
7. Article 46a (3) (d) and Article 46c (1) and (3) of the Regulation and Article 7 (1) of the implementing Regulation shall not be applied to pensions awarded in the context of Danish legislation. 8. For the purpose of applying Article 67 of the Regulation, unemployment benefits for self-employed persons insured in Denmark shall be calculated in accordance with Danish legislation. 9. Where the beneficiary of a Danish retirement pension or early retirement pension is also entitled to a survivor's pension from another Member State, these pensions, for the implementation of Danish legislation shall be regarded as benefits of the same kind within the meaning of Article 46a (1) of the Regulation, subject to the condition, however, that the person whose periods of insurance or of residence serve as the basis for the calculation of the survivor's pension has also completed periods of residence in Denmark. 10. From a person who is covered by a special scheme for civil servants who is resident in Denmark and (a) to whom the provisions of Title III, Chapter 1, sections 2 to 7 do not apply; and (b) who is not entitled to a Danish pension,
11. The intermediate benefit paid to unemployed persons who have benefited from the "flexjob" scheme (ledighedsydelse) (pursuant to the Active Social Policy Act) comes under Title III, Chapter 6 (unemployment benefits). As far as unemployed persons going to another Member State are concerned, the provisions of Articles 69 and 71 of the Regulation apply when the Member State concerned has similar schemes for the same category of persons.
1. The provisions of Article 10 of the Regulation are without prejudice to the provisions under which accidents (and occupational diseases) occurring outside the territory of the Federal Republic of Germany, and periods completed outside that territory, do not give grounds for benefits, or do so only subject to certain conditions, when the persons concerned are resident outside the territory of the Federal Republic of Germany. 2. (a) The standard period for allocation (pauschale Anrechnungszeit) shall be determined exclusively with reference to German periods. (b) For the purpose of taking into account German pension periods for miners′ pension insurance, only German legislation shall apply. (c) For the purpose of taking into account German substitute periods (Ersatzzeiten), only German legislation shall apply.
3. If application of the Regulation or later regulations on social security places an exceptional burden on certain sickness insurance institutions, this shall be compensated for in full or in part. The German sickness insurance liaison body — foreign countries (Krankenversicherung — Ausland), Bonn, shall take decisions regarding such compensation by common agreement with the other central federations of sickness funds. The resources needed to implement the compensation shall be divided among all the sickness insurance institutions in proportion to the average number of members over the previous year,with the exception of retired members. 4. Article 7 of Book VI of the Social Code shall apply to nationals of the other Member States and to stateless persons and refugees residing in the territory of other Member States, according to the following rules. If the general conditions are fulfilled, voluntary contributions may be paid to the German pension insurance scheme: (a) if the person concerned is domiciled or resident in the territory of the Federal Republic of Germany; (b) if the party concerned is domiciled or resident in the territory of another Member State and has at some point previously contributed, either compulsorily or voluntarily, to the German pension insurance scheme; (c) if the party concerned is a national of another Member State, is domiciled or resident in the territory of a third Member State, has contributed for at least 60 months to the German pension insurance scheme or was eligible for voluntary insurance pursuant to Article 232 of Book VI of the Social Code, and is not compulsorily or voluntarily insured under the legislation of another Member State.
5. . . . . . . 6. . . . . . . 7. . . . . . . 8. . . . . . . 9. Where the costs of benefits in kind which are granted by German institutions of the place of residence to pensioners or members of their family who are insured with competent institutions of other Member States must be refunded on the basis of monthly lump sums, such costs shall, for the purpose of financial equalization among German institutions of sickness insurance for pensioners, be treated as expenditure on the German sickness insurance scheme for pensioners. The lump sums refunded to the German institutions of the place of residence by the competent institutions of other Member States shall be regarded as receipts which must be taken into account in the aforementioned financial equalization. 10. In the case of self-employed persons, the award of unemployment assistance (Arbeitslosenhilfe) shall be conditional on the person concerned having, before reporting himself unemployed, worked for at least a year mainly as a self-employed person in the territory of the Federal Republic of Germany, and not having simply left that work temporarily. 11. Periods of insurance completed under the legislation of another Member State, under a special old-age insurance scheme for farmers or, if no such scheme exists, as farmers under the general scheme, shall be taken into account to satisfy the conditions of minimum length of insurance required for the person to be subject to contribution within the meaning of Article 27 of the law on old-age insurance for farmers (Gesetz über die Alterssicherung der Landwirte — GAL), always providing that: (a) the declaration on which the obligation to pay contributions is based shall have been lodged within the prescribed time, and (b) before lodging the declaration, the person concerned shall have been last subject to contribution under the old-age insurance scheme for farmers in the territory of the Federal Republic of Germany.
12. Periods of compulsory insurance completed under the legislation of another Member State, either under a special scheme for craftsmen, or, if no such scheme exists, under a special scheme for self-employed persons or under the general scheme, shall be taken into account to justify the existence of the 18 years of compulsory contributions required for exemption from compulsory affiliation to pension insurance for self-employed craftsmen. 13. For the purpose of applying German legislation on compulsory sickness insurance of pensioners as provided for in Article 5 (1) (ii) of Volume V of the Social Insurance Code (Fünftes Sozialgesetzbuch — SGB V) and Article 56 of the Sickness Insurance Reform Law (Gesundheitsreformgesetz), periods of insurance of residence completed under the legislation of another Member State during which the person concerned was entitled to sickness benefits in kind are taken into account, in so far as is necessary, as periods of insurance completed under German legislation provided they do not overlap with periods of insurance completed under that legislation. 14. For the grant of cash benefits pursuant to Article 47 (1) of Volume V of The German Social Insurance Code (SGB V) and Articles 200 (2) and 561 (1) of the German Law on Social Insurance (Reichsversicherungsordnung — RVO), the German institutions shall determine the net remuneration to be taken into account for the calculation of the benefits as though the insured persons resided in the Federal Republic of Germany. 15. Greek teachers who have civil servant status and who, by the fact that they have taught in German schools, have contributed to the compulsory German pension insurance scheme as well as to the special Greek civil servant scheme and who ceased to be covered by compulsory German insurance after 31 December 1978 may, on request, have the compulsory contributions reimbursed in accordance with Article 210 of Book VI of the Social Code. Applications for reimbursement of contributions are to be introduced during the course of the year following the date of entry into force of this provision. The party concerned may also pursue his claim within the six calendar months following the date on which he ceased to be subject to compulsory insurance.Article 210 (6) of Book VI of the Social Code shall only apply with regard to the periods during which compulsory contributions to the pension insurance scheme were paid in addition to contributions to the special Greek civil servant scheme and with regard to the allocation periods immediately following the periods during which these compulsory contributions were paid. 16. . . . . . . 17. For the grant of benefits to persons requiring in-depth and constant care under Articles 53 et seq. of Volume V of the German Social Insurance Code (SGB V), the institution of the place of residence shall, for the provision of assistance in the form of benefits in kind, take account of periods of insurance, employment or residence completed under the legislation of another Member State as if they were periods completed under the legislation of another Member State as if they were periods completed under the legislation applicable to that institution. 18. A person in receipt of a pension under German legislation and a pension under the legislation of another Member State shall be deemed, for the purposes of applying Article 27 of the Regulation, to be entitled to sickness and maternity benefits in kind if, under Article 8 (1), point 4, of Volume V of the German Social Insurance Code (SGB V), that person is exempted from compulsory sickness insurance (Krankenversicherung). 19. A period of insurance for child-rearing under German legislation is valid even for a period during which the employed person concerned brought up the child in another Member State provided that person was unable to engage in occupational activity by virtue of Article 6 (1) of the Protection of Mothers Law (Mutterschutzgesetz) or took parental leave under Article 15 of the federal Child-rearing Allowance Law (Bundeserziehungsgeldgesetz) and did not engage in any minor (geringfügig) employment within the meaning of Article 8 of SGB IV. 20. Where the provisions of German pension law in force on 31 December 1991 apply, the provisions of Annex VI shall also apply in the version thereof in force on31 December 1991 .21. (a) Insofar as they concern benefits in kind, Title III, Chapter 1, sections 2 to 7 do not apply to persons who are entitled to benefits in kind under a scheme for civil servants or persons treated as such and who are not insured under the statutory sickness insurance system. (b) Where, however, a person covered by a scheme for civil servants resides in a Member State under whose legislation: the right to receive benefits in kind is not subject to conditions of insurance or employment, and no pension is payable,
he shall be advised by his sickness institution to advise the appropriate authorities of the Member State of residence that he does not wish to avail himself of rights to benefits in kind granted under the national legislation in his Member State of residence. Where appropriate, this may be done with reference to Article 17a of the Regulation.
22. Notwithstanding the provisions of point 21, in respect of benefits in kind, the provisions of Article 27 of the Regulation shall be deemed to apply to any person who is entitled to both a pension under Beamtenversorgungsrecht and a pension under the legislation of another Member State. 23. Chapter 4 does not apply to persons entitled to benefits in kind provided by accident insurance cover for civil servants and persons treated as such. 24. For the calculation of the theoretical amount referred to in Article 46(2)(a) of the Regulation, in pension schemes for liberal professions, the competent institution shall take as the basis, in respect of each of the years of insurance completed under the legislation of any other Member State, the average annual pension entitlement acquired during the period of membership of the competent institution through the payment of contributions. 25. Article 79a of the Regulation shall apply mutatis mutandis to the calculation of orphans' pensions and increases or supplements in respect of children from pension schemes for liberal professions.
1. . . . . . . 2. Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme for Greek nationals and foreign nationals of Greek origin, is applicable to nationals of other Member States, stateless persons and refugees residing in the territory of a Member State in accordance with the second subparagraph. Subject to the other conditions of this law being met, contributions may be made: (a) where the person concerned is domiciled or resides in the territory of a Member State and has at some time in the past been compulsorily affiliated to the Greek pension insurance scheme, or (b) regardless of the place of domicile or residence, where the person concerned has either previously resided in Greece for 10 years, whether consecutive or not, or has previously been subject to Greek legislation whether compulsorily or voluntarily for a period of 1500 days.
3. Notwithstanding the relevant provisions applied by the OGA Regulations, the periods during which benefits payable in respect of an accident at work or of an occupational disease as defined in the legislation of Member States, which makes separate provision for such risks, provided that they coincide with periods of employment in the agricultural sector in Greece, shall be regarded as periods of insurance under the legislation applied by the OGA within the meaning of Article 1 (r) of the Regulation. 4. In the context of Greek legislation, the application of Article 49 (2) of the Regulation is subject to the condition that the new calculation referred to in the aforementioned Article shall not adversely affect the interests of the person concerned. 5. Where the rules of the Greek auxiliary pension funds ("επικουρικά ταμεία") make provision for the recognition of compulsory old age pension insurance periods completed with statutory Greek insurance institutions ("κύριας ασφάλισης") these rules shall also apply to compulsory pension insurance periods in the pension branch completed under the legislation of any other Member State falling within the scope of the Regulation. 6. Employed persons who were compulsorily affiliated until 31 December 1992 to a pension insurance scheme of a Member State other than Greece and who are subject to compulsory Greek social insurance (base statutory scheme) for the first time after1 January 1993 , shall be regarded as "formerly insured persons" in accordance with the provisions of Law No 2084/92.7. Serving or retired civil servants, persons treated as such and members of their families, covered by a special health-care scheme, may receive sickness and maternity benefits in kind in the event of immediate need during a stay in the territory of another Member State or when travelling there to receive care appropriate to their state of health with the prior authorization of the competent Greek institution, in accordance with the procedures laid down in Article 22 (1) (a) and (c), Article 22 (3), and in Article 31 (a) of this Regulation, under the same conditions as employed and self-employed persons covered by Greek social security legislation (statutory schemes). 8. Article 22b shall apply by analogy to all civil servants, persons treated as such and members of their families covered by a special Greek health-care scheme. 7. As regards civil servants and persons treated as such recruited up to 31 December 1982 , the provisions of Chapters 2 and 3 of Title III of the Regulation shall apply by analogy if the persons concerned have completed periods of insurance in another Member State within the framework either of a special pension scheme for civil servants or persons treated as such, or of a general scheme, provided that the persons concerned have been employed as civil servants or as persons treated as such in accordance with the provisions of Greek legislation.8. Application of the provisions of Articles 43a(2) and 51a(2), where no pension rights have been acquired under a special scheme for civil servants or persons treated as such, shall not prejudice the application of Greek legislation (Code for civil and military pensions) regarding transfer of insurance periods from a special scheme for civil servants to the general insurance scheme for employed persons via the payment of the required contribution.
1. The condition either of carrying on the activity of an employed or of a self-employed person, or the condition of having previously been compulsorily insured against the same contingency under a scheme organized for the benefit of employed or self-employed persons of the same Member State, laid down in Article 1 (a) (iv) of this Regulation, will not be required of persons who, in accordance with the provisions of Royal Decree No 317/1985 of 6 February 1985 , are affiliated voluntarily to the general social security scheme in their capacity as an official or employee serving an intergovernmental international organization.2. In accordance with the principle of equal treatment, the benefits provided for in Royal Decree No 2805/79 of 7 December 1979 on voluntary affiliation to the general social security scheme shall be extended to the nationals of the other Member States, refugees and stateless persons residing in Community territory who, by taking up employment with an international body, cease to be compulsorily affiliated to the Spanish social security system.3. (a) In all Spanish social security schemes, with the exception of the scheme for civil servants, the armed forces and the judicial administration, any employed person or self-employed person who is no longer insured under Spanish legislation shall be considered to be still insured, when the risk materialises, for the purposes of implementing the provisions of Chapter 3 of Title III of the Regulation, if he is insured, under the legislation of another Member State at the time of materialisation of the risk or, failing that, in the case where a benefit is due for the same risk in pursuance of the legislation of another Member State. The latter condition shall be deemed to have been fulfilled, however, in the case referred to in Article 48(1). (b) For the purposes of implementing the provisions of Chapter 3 of Title III of the Regulation, the years which the worker lacks to reach the pensionable or compulsory retirement age stipulated in point 4 of Article 31 of the consolidated text of the Law on State Pensioners will be taken into account as service performed only if at the time of materialisation of the risk in respect of which invalidity or death pensions are due, the beneficiary was covered by Spain's special scheme for public servants or in an activity accorded like treatment under that scheme.
4. (a) Under Article 47 of the Regulation, the calculation of the theoretical Spanish benefit shall be carried out on the basis of the actual contributions of the insured person during the years immediately preceding payment of the last contribution to the Spanish social security. (b) the amount of the pension obtained shall be increased by the amount of the increases and revalorisations calculated for each subsequent year, for pensions of the same nature
5. Periods completed in other Member States which must be calculated in the special scheme for civil servants, the armed forces and the judicial administration, will be treated in the same way, for the purposes of Article 47 of the Regulation, as the periods closest in time covered as a civil servant in Spain. 6. In the special scheme for civil servants, the armed forces and the judicial administration, the expression "acto de servicio" (act of service) refers to accidents at work and occupational diseases within the meaning of and for the purposes of implementing the provisions of Chapter 4 of Title III of the Regulation. 7. (a) Insofar as they concern benefits in kind, Title III, Chapter 1, sections 2 to 7 do not apply to beneficiaries of the special scheme for civil servants, the armed forces and the judicial administration who are covered under the Spanish "Mutualismo administrativo". (b) Where, however, a person covered by one of these schemes resides in a Member State under whose legislation: the right to receive benefits in kind is not subject to conditions of insurance or employment, and no pension is payable,
he shall be advised by his sickness institution to advise the appropriate authorities of the Member State of residence that he does not wish to avail himself of rights to benefits in kind granted under the national legislation in his Member State of residence. Where appropriate, this may be done with reference to Article 17a of the Regulation.
8. Notwithstanding the provisions of point 7, in respect of benefits in kind, the provisions of Article 27 of the Regulation shall be deemed to apply to any person who is entitled to both a pension under special schemes for civil servants, the armed forces and the judicial administration and a pension under the legislation of another Member State. 9. The Spanish special scheme for students ("Seguro Escolar") is not based, for the recognition of benefits, on completion of periods of insurance, employment and residence as those expressions are defined in Article 1(r), (s) and (sa) of the Regulation. The Spanish institutions cannot therefore issue the relevant certificates for the purposes of aggregating periods. Nevertheless, the Spanish special scheme for students will apply to students who are nationals of other Member States and who are studying in Spain, under the same conditions as students of Spanish nationality.
1. (a) The allowance for elderly employed persons, together with the allowance for elderly self-employed persons, and the agricultural old-age allowance shall be granted, under the conditions laid down for French workers by French legislation to all employed or self-employed persons who are nationals of other Member States and who, at the time of making their claim, are resident in French territory. (b) The same shall apply to refugees and stateless persons. (c) The provisions of the Regulation shall not affect the provisions of French legislation under which only periods of work as employed persons or periods treated as such or, as appropriate, periods of work as self-employed persons in the territories of the European departments and the overseas departments (Guadeloupe, Guyana, Martinique and Réunion) of the French Republic shall be taken into consideration for acquisition of the right to the allowance for elderly employed persons.
2. The special allowance and cumulative indemnity provided for by the special legislation for social security in the mines shall be provided only for workers employed in French mines. 3. Law No 65-555 of 10 July 1965 which grants to French nationals, who are pursuing, or who have pursued, a professional or trade activity abroad, the right to join the voluntary old-age insurance scheme, shall apply to nationals of other Member States under the following conditions:the professional or trade activity giving rise to voluntary insurance under the French system should not be, or have been, pursued either on French territory or on the territory of the Member State of which the employed or self-employed person is a national, the employed or self-employed person must produce evidence, when making his claim, either that he has resided in France for at least 10 years, consecutive or not, or that he has been continuously subject to French legislation on a compulsory or optional basis for the same length of time.
The preceding conditions shall also hold good when applying to other Member States' nationals the provisions which allow a French employed worker pursuing his activity outside France voluntarily to join a French supplementary pension scheme for employed workers either directly or via his employer. 4. A person who is subject to French legislation pursuant to Article 14 (1) or Article 14a (1) of the Regulation shall be entitled, in respect of the members of his family accompanying him in the territory of the Member State in which he is pursuing an occupation, to the following family benefits: (a) the allowance for young children provided until the age of three months; (b) the family benefits provided in accordance with Article 73 of the Regulation.
5. For the calculation of the theoretical amount referred to in Article 46(2)(a) of the Regulation, in basic or supplementary schemes in which old-age pensions are calculated on the basis of retirement points, the competent institution shall take into account, in respect of each of the years of insurance completed under the legislation of any other Member State, the number of retirement points arrived at by dividing the number of retirement points acquired under the legislation it applies by the number of years corresponding to these points. 6. (a) Frontier workers who pursue the activities of employed persons in the territory of a Member State other than France and who reside in the French departments of Haut-Rhin, Bas-Rhin and Moselle, shall be entitled in the territory of those departments to the benefits in kind provided for by the local Alsace-Lorraine scheme set up by Laws No 46-1428 of 12 June 1946 and No 67-814 of25 September 1967 , pursuant to Article 19 of the Regulation.(b) These provisions shall apply by analogy to those entitled under Articles 25 (2) and (3) and 28 and 29 of the Regulation.
7. Notwithstanding Articles 73 and 74 of this Regulation, the housing allowances and the supplement for childcare of the parents' choice (early childhood benefit) shall be granted only to persons concerned and to members of their families residing in French territory. 8. Any employed person who is no longer subject to French legislation governing widowhood insurance under the French general social security system or the agricultural workers' system shall be deemed to have the status of an insured person under such legislation when the risk materializes, for the purposes of the implementation of the provisions of Chapter 3 of Title III of the Regulation, if that person is insured as an employed person under the legislation of another Member State at the time of the materialization of the risk or, failing that, in the case where a survivor's benefit is due in pursuance of the legislation on employed persons of another Member State. This condition shall be deemed to have been fulfilled, however, in the case referred to in Article 48 (1). 9. The French legislation applicable to an employed worker or a former employed worker for the purposes of applying Chapter 3 of Title III of the Regulation is deemed to apply both to the basic old-age insurance scheme(s) and to the supplementary pension scheme(s) to which the person concerned has been subject.
1. Employed or self-employed persons, unemployed persons, pension claimants and pensioners, together with members of their families, referred to in Articles 19 (1), 22 (1) and (3), 25 (1) and (3), 26 (1), 28a, 29 and 31 of the Regulation, who are residing or staying in Ireland, shall be entitled free of charge to all medical treatment provided for by Irish legislation where the cost of this treatment is payable by the institution of a Member State other than Ireland. 2. The members of the family of an employed or self-employed person who is subject to the legislation of a Member State other than Ireland and who satisfies the conditions laid down by that legislation for entitlement to benefits, account being taken, where appropriate, of Article 18 of the Regulation, shall be entitled free of charge, if they are resident in Ireland, to all medical treatment provided for by Irish legislation. The cost of such benefits shall be payable by the institution with which the employed or self-employed person is insured. However, where the spouse of the employed or self-employed person or the person looking after the children pursues a professional or trade activity in Ireland, benefits for members of the family shall remain payable by the Irish institution to the extent that entitlement to such benefits is granted solely under the provisions of Irish legislation. 3. If an employed person subject to Irish legislation has left the territory of a Member State to proceed, in the course of his employment, to the territory of another Member State and sustains an accident before arriving there, his entitlement to benefit in respect of the said accident shall be established: (a) as if this accident had occurred on the territory of Ireland, and (b) without taking into consideration his absence from the territory of Ireland, when determining whether, by virtue of his employment, he was insured under the said legislation.
4. . . . . . . 5. For the purpose of calculating the earnings for the granting of sickness benefit or unemployment benefit under Irish legislation, an amount equal to the average weekly wage in that year, of male and female employed persons, as applicable, shall, notwithstanding Articles 23(1) and 68(1) of the Regulation, be credited to the employed person in respect of each week of employment completed as an employed person under the legislation of another Member State during the prescribed period 6. In applying Article 40 (3) (a) (ii), account shall only be taken of periods during which the employed or self-employed person was incapable of work within the meaning of Irish legislation. 7. For the purposes of Article 44 (2), an employed person shall be deemed to have expressly asked for postponement of the award of an old-age pension to which he would be entitled under the legislation of Ireland if, where retirement is a condition for receiving the old-age pension, he has not retired. 8. . . . . . . 9. An unemployed person returning to Ireland at the end of the period of three months for which he continued to receive benefits under the legislation of Ireland in application of Article 69 (1) of the Regulation shall be entitled to apply for unemployment benefits notwithstanding Article 69 (2) if he satisfies the conditions laid down in the aforementioned legislation. 10. A period of subjection to Irish legislation in accordance with Article 13 (2) (f) of the Regulation may not: (i) be taken into account under that provision as a period of subjection to Irish legislation for the purposes of Title III of the Regulation, nor (ii) make Ireland the competent State for the provision of benefits provided for in Article 18, 38 or 39 (1) of the Regulation.
11. Entitlement to family income supplement solely under the legislation of Ireland shall be suspended where, over the same period and in respect of the same member of the family, family benefits are payable solely under the legislation of the United Kingdom or up to the amount of those benefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.
1. Notwithstanding Article 94 (2) of the Regulation, periods of insurance or periods treated as such completed by employed persons or self-employed persons under Luxembourg legislation for invalidity, old-age or death pensions insurance either before 1 January 1946 or before an earlier date stipulated by a bilateral convention shall be taken into consideration for the purpose of applying this legislation only if the person concerned demonstrates that he has completed six months of insurance under the Luxembourg scheme after the date in question. Where several bilateral conventions apply, periods of insurance or periods treated as such shall be taken into consideration as from the earliest of these dates.2. For the purpose of granting the fixed part of Luxembourg pensions, periods of insurance completed under Luxembourg legislation by employed or self-employed persons not residing in Luxembourg territory shall, as from 1 October 1972 , be treated as periods of residence.3. The second subparagraph of Article 22 (2) of the Regulation does not affect the provisions of Luxembourg legislation pursuant to which authorization by the Sickness Fund for treatment abroad cannot be refused where the required treatment cannot be provided in the Grand Duchy. 4. For the purpose of taking the insurance period provided for in Article 171 (7) of the Social Insurance Code (Code des Assurances Sociales) into account, the Luxembourg institution shall recognize periods of insurance completed by the person concerned under the legislation of any other Member State as if they were periods completed under the legislation which it administers. Application of the foregoing provision shall be subject to the condition that the person concerned last completed insurance periods under Luxembourg legislation. 5. For a civil servant not subject to Luxembourg legislation at the time of leaving the service, the basis for calculation for the award of a pension shall be the final salary of the person concerned on leaving the Luxembourg civil service, this salary being established in accordance with the legislation in force at the time of maturity of the pension. 6. Where there is a move from a Luxembourg statutory scheme to a special scheme for civil servants or persons treated as such in another Member State, the provisions of Luxembourg legislation on retroactive insurance shall be suspended. 7. Approval of periods by the Luxembourg statutory scheme shall be based on periods completed in Luxembourg alone. 8. Persons covered by a health insurance scheme in the Grand Duchy of Luxembourg who pursue their studies in another Member State are exempted from the requirement to join as a student under the legislation of the country where they study.
1. Health care insurance (a) As regards entitlement to benefits in kind under Netherlands legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 4 of Title III of this Regulation shall mean: (i) persons who, under Article 2 of the Zorgverzekeringswet (Health Care Insurance Act), are obliged to take out insurance under a health care insurer,
and (ii) in so far as they are not already included under point (i), members of the family of active military personnel who are living in another Member State and persons who are resident in another Member State and who under the Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands.
(b) The persons referred to in point (a)(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act), take out insurance with a health care insurer, and the persons referred to in point a(ii) must register with the College voor zorgverzekeringen (Health Care Insurance Board). (c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional Medical Expenses) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of family members, the contributions shall be levied on the person from whom the right to health care is derived with the exception of the members of the family of military personnel living in another Member State, on whom they shall be levied directly. (d) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) concerning late insurance shall apply mutatis mutandis in the event of late registration with the College voor zorgverzekeringen (Health Care Insurance Board) in respect of the persons referred to in point a(ii). (e) Persons entitled to benefits in kind by virtue of the legislation of a Member State other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11(1), (2) and (3) and Article 19(1) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided for by the Algemene wet bijzondere ziektekosten (Law on General Insurance Against Special Medical Expenses). (f) For the purposes of Articles 27 to 34 of this Regulation, the pensions to be treated as pensions payable under the legal provisions mentioned in subparagraphs (b) (invalidity) and (c) (old age) of the declaration of the Kingdom of the Netherlands under Article 5 of this Regulation shall be: pensions awarded under the Law of 6 January 1966 on pensions for civil servants and their survivors (Algemene burgerlijke pensioenwet) (Netherlands Civil Service Pensions Act);pensions awarded under the Law of 6 October 1966 on pensions for military personnel and their survivors (Algemene militaire pensioenwet) (Military Pensions Act);pensions awarded under the Law of 15 February 1967 on pensions for employees of the Netherlands Railway Company (NV Nederlandse Spoorwegen) and their survivors (Spoorwegpensioenwet) (Railway Pensions Act);pensions awarded under the Reglement Dienstvoorwaarden Nederlandse Spoorwegen (Regulation governing conditions of employment of the Netherlands Railway Company); benefits awarded to retired persons before reaching the pensionable age of 65 years under a pension scheme designed to provide income for former employed persons in their old age, or benefits provided in the event of premature exit from the labour market under a scheme set up by the state or by an industrial agreement for persons aged 55 or over; benefits awarded to military personnel and civil servants under a scheme applicable in the event of redundancy, superannuation and early retirement.
(g) For the purposes of Chapters 1 and 4 of Title III of this Regulation, the no-claims refund provided for in the Netherlands scheme in the event of limited use of health care facilities shall be deemed to be a sickness benefit in cash.
2. Application of Netherlands legislation on general old-age insurance (Toepassing van de Nederlandse Algemene Ouderdomswet) (AOW) (a) The reduction referred to in Article 13 (1) of the AOW shall not be applied for calendar years or parts thereof before 1 January 1957 during which a recipient, not satisfying the conditions permitting him to have such years treated as periods of insurance, resided in the territory of the Netherlands between the ages of 15 years and 65 years, or during which, whilst residing in the territory of another Member State, he pursued an activity as an employed person in the Netherlands for an employer established in that country.By way of derogation from Article 7 of the AOW, persons who resided or worked in accordance with the abovementioned conditions only prior to 1 January 1957 shall also be regarded as being entitled to a pension.(b) The reduction referred to in Article 13 (1) of the AOW shall not apply to calendar years or parts thereof prior to 2 August 1989 during which, between his 15th and 65th birthdays the person who is or was married was not insured under the abovementioned legislation despite being resident in the territory of a Member State other than the Netherlands, if these calendar years or parts thereof coincide, on the one hand, with the periods of insurance completed by the person's spouse under that legislation provided that the couple's marriage subsisted during these periods, and, on the other, with the calendar years or parts thereof to be taken into account under subparagraph (a).By way of derogation from Article 7 of the AOW, this person shall be considered a pensioner. (c) The reduction referred to in Article 13 (2) of the AOW shall not apply to calendar years or parts thereof prior to 1 January 1957 during which the spouse of a pensioner who fails to satisfy the conditions for having these years treated as periods of insurance resided in the Netherlands between the spouse's 15th and 65th birthdays or during which, despite being resident in the territory of another Member State, the spouse pursued an activity as an employed person in the Netherlands for an employer established in the Netherlands.(d) The reduction referred to in Article 13 (2) of the AOW shall not apply to calendar years or parts thereof prior to 2 August 1989 during which, between his 15th and 65th birthdays, the pensioner's spouse was resident in a Member State other than the Netherlands and was not insured under the abovementioned legislation if these calendar years or parts thereof coincide, on the one hand, with the periods of insurance completed by the spouse under that legislation provided that the couple's marriage subsisted during these periods, and, on the other, with the calendar years or parts thereof to be taken into account under subparagraph (a).(e) The provisions referred to in (a), (b), (c) and (d) shall be applied only if the person concerned has resided for six years in the territory of one or more Member States after the age of 59 years and for as long as that person is residing in the territory of one of these Member States. (f) By way of derogation from the provisions of Article 45(1) of the law on general old-age insurance (AOW) and Article 63(1) of the general law on insurance for surviving dependants (ANW), the spouse of an employed person or of a self-employed person covered by a compulsory insurance scheme, residing in a Member State other than the Netherlands, shall be authorised to take out voluntary insurance under that legislation, but only for the periods after 2 August 1989 during which the employed person or self-employed person is or was compulsorily insured under the abovementioned legislation. This authorisation ceases on the date of termination of the compulsory insurance of the employed person or self-employed personThe aforementioned authorization shall not cease, however, where the compulsory insurance of the employed person or the self-employed person is terminated as a result of his death and where his widow receives only a pension under the Netherlands legislation on general law on insurance for surviving dependants (AWW). In any event, the authorization in respect of voluntary insurance ceases on the date on which the voluntarily insured person reaches the age of 65 years. The contribution which has to be paid for the aforementioned voluntary insurance shall be determined for the spouse of an employed person or of a self-employed person who is compulsorily insured under the Netherlands legislation on general old-age insurance (AOW) and the Netherlands general law on insurance for surviving dependants (AWW) in accordance with the provisions relating to the determina- tion of the contribution of compulsory insurance, subject to the condition that his/her income shall be deemed to have been received in the Netherlands. For the spouse for an employed person or of a self-employed person who was compulsorily insured on or after 2 August 1989 the contribution shall be determined in accordance with the provisions relating to the determination of the contribution for voluntary insurance under the Netherlands legislation on general old-age insurance and the Netherlands general law on insurance for surviving dependants(g) The authorization referred to in (f) shall be granted only if the spouse of an employed person or of a self-employed person has informed the Sociale Verzekeringsbank (Social Insurance Bank) not later than one year after commencement of his/her compulsory insurance period of the intention to take out voluntary insurance. For the spouse of an employed person or of a self-employed person who was compulsorily insured immediately prior to or on 2 August 1989 , the period of one year shall commence on the date of2 August 1989 .The authorization referred to in point 4 of (f) may not be granted to a spouse not residing in the Netherlands of an employed or self-employed person to whom the provisions of Article 14 (1), Article 14a (1) or Article 17 of the Regulation apply if that spouse, in accordance with the provisions of Netherlands legislation alone, is or was authorized to take out voluntary insurance. (h) Points (a), (b), (c), (d) and (f) shall not apply either to those periods which coincide with periods which may be taken into account for calculating pension rights under the old-age insurance legislation of a Member State other than the Netherlands or to those periods during which the person concerned has drawn an old-age pension under such legislation. (i) For the purposes of Article 46 (2) of the Regulation, only periods of insurance completed after the age of 15 years under the Netherlands General Law on Old-Age Insurance (AOW) shall be taken into account as periods of insurance.
3. Application of the Netherlands general law on insurance for surviving dependants (a) any employed person or self-employed person who is no longer subject to Dutch legislation on general insurance for surviving dependants shall be deemed to be insured under such legislation when the risk materialises, for the purposes of the implementation of the provisions of Chapter III of Title III of the Regulation, if that person is insured under the legislation of another Member State for the same risk or, failing that, in the case where a survivor's benefit is due pursuant to the legislation of another Member State. The latter condition shall be deemed to have been fulfilled, however, in the case referred to in Article 48(1) (b) where, pursuant to subparagraph (a), a widow has the right to a widow's pension under Dutch legislation on general insurance for surviving dependants, that pension shall be calculated in accordance with Article 46(2) of the Regulation For the application of these provisions, the periods of insurance completed before 1 October 1959 during which the employed person or self-employed person resided in the territory of the Netherlands before attaining the age of 15 years or during which, while still resident on the territory of another Member State, he carried out a gainful activity in the Netherlands for an employer established in that country, shall also be regarded as periods of insurance completed under the aforementioned Dutch legislation.(c) Account shall not be taken of the periods to be taken into consideration under subparagraph (b), which coincide with periods of insurance completed under the legislation of another Member State in respect of survivors' pensions. (d) for the purposes of Article 46(2) of the Regulation, only periods of insurance completed after the age of 15 years under Dutch legislation shall be taken into account as periods of insurance
4. Application of the Dutch laws relating to incapacity for work (a) Any employed or self-employed person who is no longer insured under the Algemene arbeidsongeschiktheidswet (General Disability Act) (AAW) of 11 December 1975 , the Wet arbeidsongeschiktheidsverzekering zelfstandigen (Self-employed Persons Disablement Benefits Act) (WAZ) of24 April 1997 , the Wet op de arbeidsongeschiktheidsverzekering (Disability Insurance Act) (WAO) of18 February 1966 or the Wet werk en inkomen naar arbeidsvermogen (Work and Income according to Labour Capacity Act) (WIA) of10 November 2005 is considered to be so when the risk materialises, for the purposes of the application of the provisions of Chapter 3 of Title III of the Regulation, if that person is insured under the legislation of another Member State for the same risk or, failing that, if a benefit is due for the same risk in pursuance of the legislation of another Member State. The latter condition shall be considered to be fulfilled, however, in the case referred to in Article 48(1).(b) If, pursuant to point (a), the person concerned is entitled to a Dutch invalidity benefit, such benefit shall be paid in accordance with the rules laid down in Article 46(2) of the Regulation: (i) in accordance with the provisions laid down in the WAO if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work as an employed person within the meaning of Article 1(a) of the Regulation, if the incapacity for work occurred before 1 January 2004 ; if the incapacity for work occurred on or after1 January 2004 , the amount of the benefit is calculated on the basis of the WIA;(ii) in accordance with the provisions laid down in the WAZ if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work in a capacity other than that of an employed person within the meaning of Article 1(a) of the Regulation.
(c) For the calculation of the benefits paid in accordance with the WAO, the WIA or the WAZ, the Dutch institutions shall take account of: periods of paid employment and periods treated as such completed in the Netherlands before 1 July 1967 ,periods of insurance completed under the WAO, periods of insurance completed by the person concerned after the age of 15 years under the AAW in so far as these do not coincide with the periods of insurance completed under the WAO, periods of insurance completed in accordance with the WAZ, periods of insurance completed in accordance with the WIA.
(d) In the calculation of the Dutch invalidity benefit pursuant to Article 40(1) of the Regulation, the Dutch institutions do not take into account any supplements granted under the provisions of the Law on Supplements. The right to the supplement and the amount thereof are calculated only on the basis of the Law on Supplements.
5. Application of Netherlands legislation on family allowances (a) An employed on self-employed person to whom Netherlands legislation on family benefits becomes applicable during a quarter and who was, on the first day of that quarter, subject to the corresponding legislation of another Member State, shall be considered as being insured as from that first day under Netherlands law. (b) The amount of the family benefits which may be claimed by an employed or self-employed person who is considered, pursuant to (a), as being insured under Netherlands legislation on family benefits shall be fixed in accordance with the detailed arrangements laid down in the implementing Regulation referred to in Article 98 of the Regulation.
6. Application of certain transitional provisions Article 45 (1) shall not apply to the assessment of entitlement to benefits under the transitional provisions of the legislations on general old-age insurance (Article 46), on general insurance for widows and orphans and on general insurance against incapacity for work. 7. For the purposes of applying Title II of the Regulation, a person regarded as an employed person within the meaning of the 1964 Wage Tax Act and who is insured on this basis for national insurance, is considered to be pursuing activities in paid employment.
1. For the purposes of applying the Regulation, Austrian legislation regarding transfer of insurance periods by the payment of a transfer sum shall remain in force when there is a change between a general scheme and a special scheme for civil servants. 2. For the purpose of applying Article 46 (2) of the Regulation, increments for contributions for supplementary insurance and the miner's supplementary benefit under Austrian legislation shall be disregarded. In these cases the amount calculated according to Article 46 (2) of the Regulation shall be increased by increments for contributions for supplementary insurance and the miner's supplementary benefit. 3. For the purpose of applying Article 46 (2) of the Regulation, in applying Austrian legislation the day relevant for a pension (Stichtag) shall be considered as the date when the risk materializes. 4. The application of the provisions of the Regulation shall not have the effect of reducing any entitlement to benefits by virtue of Austrian legislation with regard to persons who have suffered in their social security situation for political or religious reasons or for reasons of their descent. 5. The provisions of Article 22(1)(a) of the Regulation shall also apply to persons with sickness insurance coverage under an Austrian law on protection for special victims (Versorgungsgesetze) 6. For the purposes of applying the Regulation, benefits under the Law on protection of the armed forces (Heeresversorgungsgesetz — HVG) shall be treated as benefits in respect of accidents at work and occupational diseases. 7. Special assistance under the Special Assistance Act ("Sonderunterstützungsgesetz") of 30 November 1973 shall be considered as an old-age pension for the purposes of applying the Regulation.8. For the calculation of the theoretical amount in accordance with Article 46(2)(a) of this Regulation concerning benefits or parts of benefits of a pension scheme of the liberal profession associations (Kammern der Freien Berufe), financed exclusively by the funded scheme method or based on a pension account system, the competent institution shall take into account, in respect of each month of insurance completed under the legislation of any other Member State, capital in proportion to the capital actually accrued in the pensions scheme concerned, or considered to have accrued in the pension account scheme, and the number of months of the insurance periods in the pension scheme concerned. 9. Article 79a of the Regulation shall apply mutatis mutandis to the calculation of orphans' pensions and increases or supplements to pensions in respect of children from a pension scheme of the liberal profession associations (Kammern der Freien Berufe). 10. To calculate the theoretical amount in respect of benefits based on a pension account under the Allgemeines Pensionsgesetz (Act on the General Pensions) (APG) for the purposes of Article 46(2)(a) of the Regulation, the competent institution takes into account, for each insurance month completed under other Member States' legislation, that portion of the total credit determined in accordance with the APG on the reference date which corresponds to the quotient of the total credit and the number of insurance months on which the total credit is based.
1. When applying Article 46(2)(a) for the purpose of calculating earnings for the credited period under Finnish legislation on earnings-related pensions, where an individual has pension insurance periods based on employment in another Member State for part of the reference period under Finnish legislation, the earnings for the credited period shall be equivalent to the sum of earnings obtained during the part of the reference period in Finland divided by the number of months for which there were insurance periods in Finland during the reference period. 2. When, under the legislation of Finland, an increment is payable by an institution in Finland because of a delay in processing a claim for a benefit, a claim submitted to an institution of another Member State shall, for the purpose of applying the provisions of the Finnish legislation relating to such increment, be considered to have been presented on the date when that claim, along with all necessary enclosures, reaches the competent institution in Finland. 3. An employed or self-employed person who is no longer insured under the National Pensions scheme is regarded, when applying the provisions of Title III, Chapter 3 of this Regulation, as retaining the status of an insured person if, when the risk materialises, he or she was insured under the legislation of another Member State or, if this was not the case, he or she is entitled, in respect of the same risk, to a pension under the legislation of another Member State. However, the latter requirement is deemed to have been fulfilled in the case referred to in Article 48(1) 4. Where a person belonging to a special scheme for civil servants is resident in Finland and: (a) the provisions of Title III, Chapter I, sections 2 to 7 do not apply; and (b) the person in question is not entitled to a pension from Finland,
he shall be liable for the costs of benefits in kind granted to him or his family members in Finland insofar as they are covered by the special scheme for civil servants and by the personal insurance arrangement supplementing it.
1. For the application of Article 72 of the Regulation, a person's entitlement to parental benefit shall be determined by regarding insurance periods completed in another Member State as being based on the same average income as the Swedish insurance periods with which they are aggregated. 1. The provisions of this Regulation on the aggregation of insurance periods or periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guarantee pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Act 2000:798). 2. For the purpose of calculating notional income for the income-related sickness compensation and activity compensation in accordance with Chapter 8 of Lag (1962:381) om allmän försäkring (the National Insurance Act), the following shall apply: (a) where the insured person, during the reference period, has also been subject to the legislation of one or more other Member States on account of activity as an employed or self-employed person, income in the Member State(s) concerned shall be deemed to be equivalent to the insured person's average gross income in Sweden during the part of the reference period in Sweden, calculated by dividing the earnings in Sweden by the number of years over which those earnings accrued; (b) where the benefits are calculated pursuant to Article 40 of this Regulation and persons are not insured in Sweden, the reference period shall be determined in accordance with Chapter 8(2) and (8) of the abovementioned Act as if the person concerned were insured in Sweden. If the person concerned has no pension-generating income during this period under the Act on income-based old-age pension (1998:674), the reference period shall be permitted to run from the earlier point in time when the insured person had income from gainful activity in Sweden.
3. (a) For the purpose of calculating notional pension asset for an income-based survivor's pension (Act 2000:461), if the requirement in Swedish legislation for pension entitlement in respect of at least three out of the five calendar years immediately preceding the insured person's death (reference period) is not met, account shall also be taken of insurance periods completed in other Member States as if they had been completed in Sweden. Insurance periods in other Member States shall be regarded as based on the average Swedish pension base. If the person concerned has only one year in Sweden with a pension base, each insurance period in another Member State shall be regarded as constituting the same amount. (b) For the purpose of calculating notional pension credits for widows' pensions relating to deaths on or after 1 January 2003 , if the requirement in Swedish legislation for pension credits in respect of at least two out of the four years immediately preceding the insured person's death (reference period) is not met and insurance periods were completed in another Member State during the reference period, those years shall be regarded as being based on the same pension credits as the Swedish year.
5. A person covered by a special scheme for civil servants who is resident in Sweden, and: (a) to whom the provisions of Title III, Chapter 1, sections 2 to 7 do not apply, and (b) who is not entitled to a Swedish pension,
shall be liable to pay for medical care provided in Sweden at the rates which according to Swedish legislation apply for non-residents insofar as the care provided is covered by the special scheme concerned and/or by the personal insurance scheme supplementing it. This also applies to the spouse and children under the age of 18 of such a person.
1. When a person who is normally resident in Gibraltar, or who has been required, since he last arrived in Gibraltar, to pay contributions under the legislation of Gibraltar as an employed person, applies, as a result of incapacity to work, maternity or unemployment, for exemption from the payment of contributions over a certain period, and asks for contributions for that period to be credited to him, any period during which that person has been working in the territory of a Member State other than the United Kingdom shall, for the purposes of his application, be regarded as a period during which he has been employed in Gibraltar and for which he has paid contributions as an employed person in accordance with the legislation of Gibraltar. 2. Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if: (a) the contributions of a former spouse are taken into account as if they were that person's own contributions, or (b) the relevant contribution conditions are satisfied by that person's spouse or former spouse,
then provided, in each case, that the spouse or former spouse is or was an employed or self-employed person who had been subject to the legislation of two or more Member States, the provisions of Chapter 3 of Title III of the Regulation shall apply in order to determine entitlement under United Kingdom legislation. In this case, references in the said Chapter 3 to "periods of insurance" shall be construed as references to periods of insurance completed by: (i) a spouse or former spouse where a claim is made by: a married woman, or a person whose marriage has terminated otherwise than by the death of the spouse,
or (ii) a former spouse, where a claim is made by: a widower who immediately before pensionable age is not entitled to widowed parent's allowance, or a widow who immediately before pensionable age is not entitled to widowed mother's allowance, widowed parent's allowance or widow's pension, or who is only entitled to an age-related widow's pension calculated pursuant to Article 46(2) of the Regulation, and for this purpose "age-related widow's pension" means a widow's pension payable at a reduced rate in accordance with section 39(4) of the Social Security Contributions and Benefits Act 1992.
3. (a) If unemployed benefit provided under United Kingdom legislation is paid to a person pursuant to Article 71 (1) (a) (ii) or (b) (ii) of the Regulation, then for the purpose of satisfying the conditions imposed by United Kingdom legislation in relation to child benefit concerning a period of presence within Great Britain or, as the case may be, Northern Ireland, periods of insurance, employment or self-employment completed by that person under the legislation of another Member State shall be regarded as periods of presence in Great Britain or, as the case may be, Northern Ireland. (b) If, pursuant to Title II of the Regulation, excluding Article 13 (2) (f), United Kingdom legislation is applicable in respect of an employment or self-employed person who does not satisfy the condition imposed by United Kingdom legislation in relation to child benefit concerning: (i) presence within Great Britain or, as the case may be, Northern Ireland, he shall be regarded, for the purpose of satisfying such condition, as being so present; (ii) a period of presence within Great Britain, or, as the case may be, Northern Ireland, periods of insurance, employment or self-employment completed by the said worker under the legislation of another Member State shall, for the purpose of satisfying such conditions, be regarded as periods of presence in Great Britain or, as the case may be, Northern Ireland.
(c) In respect of claims to family allowances under the legislation of Gibraltar the foregoing provisions of subparagraphs (a) and (b) shall apply by analogy.
4. The widow's payment provided under United Kingdom legislation shall be treated, for the purposes of Chapter 3 of the Regulation, as a survivor's pension. 5. For the purposes of applying Article 10a (2) to the provisions governing entitlement to attendance allowance, invalid care allowance and disability living allowance, a period of employment, self-employment or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account insofar as is necessary to satisfy conditions as to presence in the United Kingdom, prior to the day on which entitlement to the benefit in question first arises. 6. In the event of an employed person subject to United Kingdom legislation being the victim of an accident after leaving the territory of one Member State while travelling, in the course of this employment, to the territory of another Member State, but before arriving there, his entitlement to benefits in respect of that accident shall be established: (a) as if the accident had occurred within the territory of the United Kingdom, and (b) for the purpose of determining whether he was an employed earner under the legislation of Great Britain or the legislation of Northern Ireland or an employed person under the legislation of Gibraltar, by disregarding his absence from those territories.
7. The Regulation does not apply to those provisions of United Kingdom legislation which are intended to bring into force any social security agreement concluded between the United Kingdom and a third State. 8. For the purposes of Chapter 3 of Title III of the Regulation no account shall be taken of graduated contributions paid by the insured person under United Kingdom legislation or of graduated retirement benefits payable under that legislation. The amount of the graduated benefits shall be added to the amount of the benefit due under the United Kingdom legislation as determined in accordance with the said chapter. The total of these two amounts shall constitute the benefit actually due to the person concerned. 9. . . . . . . 10. For the purpose of applying the Non-Contributory Social Insurance Benefit and Unemployment Insurance Ordinance (Gibraltar), any person to whom this Regulation is applicable shall be deemed to be ordinarily resident in Gibraltar if he resides in a Member State. 11. For the purpose of Articles 27, 28, 28a, 29, 30 and 31 of this Regulation, benefits payable outside the United Kingdom solely because of Article 95b (8) of the Regulation shall be considered as invalidity benefits. 12. For the purpose of Article 10 (1) of the Regulation any beneficiary under United Kingdom legislation who is staying in the territory of another Member State shall, during that stay, be considered as if he resided in the territory of that other Member State. 13.1. For the purpose of calculating an earnings factor with a view to determining the right to benefits under United Kingdom legislation, subject to point 15, each week during which an employed or self-employed person has been subject to the legislation of another Member State and which commenced during the relevant income tax year within the meaning of United Kingdom, legislation shall be taken into account in the following way: (a) Periods between 6 April 1975 and5 April 1987 :(i) for each week of insurance, employment or residence as an employed person, the person concerned shall be deemed to have paid contributions as an employed earner on the basis of earnings equivalent to two-thirds of that year's upper earnings limit; (ii) for each week of insurance, self-employment or residence as a self-employed person the person concerned shall be deemed to have paid class 2 contributions as a self-employed earner.
(b) Periods from 6 April 1987 onwards:(i) for each week of insurance, employment or residence as an employed person, the person concerned shall be deemed to have received, and paid contributions as an employed earner, for, weekly earnings equivalent to two-thirds of that week's upper earnings limit; (ii) for each week of insurance, self-employment or residence as a self-employed person the person concerned shall be deemed to have paid class 2 contibutions as a self-employed earner.
(c) For each full week during which he has completed a period treated as a period of insurance, employment, self-employment or residence, the person concerned shall be deemed to have had contributions or earnings credited to him as appropriate, but only to the extent required to bring his total earnings factor for that tax year to the level required to make that tax year a reckonable year within the meaning of the United Kingdom legislation governing the crediting of contributions or earnings.
13.2. For the purposes of Article 46 (2) (b) of the Regulation, where: (a) if in any income tax year starting on or after 6 April 1975 , an employed person has completed periods of insurance, employment or residence exclusively in a Member State other than the United Kingdom, and the application of paragraph 1 (a) (i) or paragraph 1 (b) (i) results in that year being counted as a qualifying year within the meaning of United Kingdom legislation for the purposes of Article 46 (2) (a) of the Regulation, he shall be deemed to have been insured for 52 weeks in that year in that other Member State:(b) any income tax year starting on or after 6 April 1975 does not count as a qualifying year within the meaning of United Kingdom legislation for the purposes of Article 46 (2) (a) of the Regulation, any periods of insurance, employment or residence completed in that year shall be disregarded.
13.3. For the purpose of converting an earnings factor into periods of insurance the earnings factor achieved in the relevant income tax year within the meaning of United Kingdom legislation shall be divided by that year's lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated shall be treated as representing the number of weeks of insurance completed under United Kingdom legislation during that year provided that such figure shall not exceed the number of weeks during which in that year that person was subject to that legislation. 14. In applying Article 40 (3) (a) (ii), account shall only be taken of periods during which the employed or self-employed person was incapable of work within the meaning of United Kingdom legislation. 15.1. For the purpose of calculating, under Article 46 (2) (a) of the Regulation, the theoretical amount of that part of the pension which consists of an additional component under United Kingdom legislation: (a) the expression "earnings, contributions or increases" in Article 47 (1) (b) of the Regulation shall be construed as meaning surpluses in earnings factors as defined in the Social Security Pensions Act 1975 or, as the case may be, the Social Security Pensions (Northern Ireland) Order 1975; (b) an average of the surpluses in earnings factor shall be calculated in accordance with Article 47 (1) (b) of the Regulation as construed in subparagraph (a) above by dividing the aggregated surpluses recorded under United Kingdom legislation by the number of income tax years within the meaning of United Kingdom legislation (including part income tax years) completed under that legislation since 6 April 1978 which occur within the relevant period of insurance.
15.2. The expression "periods of insurance or residence" in Article 46 (2) of the Regulation shall be construed, for the purpose of assessing the amount of that part of the pension which consists of an additional component under United Kingdom legislation, as meaning periods of insurance or residence which have been completed since 6 April 1978 .16. An unemployed person returning to the United Kingdom after the end of the period of three months during which he continued to receive benefits under the legislation of the United Kingdom pursuant to Article 69 (1) of the Regulation shall continue to be entitled to unemployment benefits by way of derogation from Article 69 (2) if he satisfies the conditions in the aforementioned legislation. 17. For the purposes of entitlement to severe disablement allowance any employed or self-employed person who is, or has been, subject to United Kingdom legislation in accordance with Title II of the Regulation, excluding Article 13 (2) (f): (a) shall, for the entire period during which he was employed or self-employed and subject to United Kingdom legislation whilst present or resident in another Member State, be treated as having been present or resident in the United Kingdom; (b) shall be entitled to have periods of insurance as an employed or self-employed person completed in the territory and under the legislation of another Member State treated as periods of presence or residence in the United Kingdom.
18. A period of subjection to United Kingdom legislation in accordance with Article 13 (2) (f) of the Regulation may not: (i) be taken into account under that provision as a period of subjection to United Kingdom legislation for the purposes of Title III of the Regulation, nor (ii) make the United Kingdom the competent State for the provision of the benefits provided for in Article 18, 38 or 39 (1) of the Regulation.
19. Subject to any conventions concluded with individual Member States, for the purposes of Article 13 (2) (f) of the Regulation and Article 10b of the Implementing Regulation, United Kingdom legislation shall cease to apply at the end of the day on the latest of the following three days to any person previously subject to United Kingdom legislation as an employed or self-employed person: (a) the day on which residence is transferred to the other Member State referred to in Article 13 (2) (f); (b) the day of cessation of the employment or self-employment, whether permanent or temporary, during which that person was subject to United Kingdom legislation; (c) the last day of any period of receipt of United Kingdom sickness or maternity benefit (including benefits in kind for which the United Kingdom is the competent State) or unemployment benefit which (i) began before the date of transfer of residence to another Member State or, if later, (ii) immediately followed employment or self-employment in another Member State while that person was subject to United Kingdom legislation.
20. The fact that a person has become subject to the legislation of another Member State in accordance with Article 13 (2) (f) of the Regulation, Article 10b of the Implementing Regulation and point 19 above, shall not prevent: (a) the application to him by the United Kingdom as the competent State of the provisions relating to employed or self-employed persons of Title III, Chapter 1 and Chapter 2, Section 1 or Article 40 (2) of the Regulation if he remains and employed or self-employed person for those purposes and was last so insured under the legislation of the United Kingdom; (b) his treatment as an employed or self-employed person for the purposes of Chapter 7 and 8 of Title III of the Regulation or Articles 10 or 10a of the Implementing Regulation, provided United Kingdom benefit under Chapter 1 of Title III is payable to him in accordance with paragraph (a).
21. In the case of either students or the members of the family or survivors of a student, Article 10a(2) of the Regulation shall not apply to benefits intended solely as specific protection for the disabled. 21. Entitlement to family credit solely under the legislation of the United Kingdom shall be suspended, where, over the same period and in respect of the same member of the family, family benefits are payable solely under the legislation of Ireland or up to the amount of those benefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.
1. Where he is self-employed in Belgium and gainfully employed in any other Member State. 2. Where a person is self-employed in Bulgaria and gainfully employed in any other Member State. 3. Where a person is self-employed in the Czech Republic and gainfully employed in any other Member State. 4. Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any other Member State. 5. For the agricultural accident insurance scheme and the old-age insurance scheme for farmers: where he is self-employed in farming in Germany and gainfully employed in any other Member State. 6. Where a person resident in Estonia is self-employed in Estonia and gainfully employed in any other Member State. 7. For the pension insurance scheme for self-employed persons: where he is self-employed in Greece and gainfully employed in any other Member State. 8. Where a person resident in Spain is self-employed in Spain and gainfully employed in any other Member State. 9. Where he is self-employed in France and gainfully employed in any other Member State, except Luxembourg. 10. Where he is self-employed in farming in France and gainfully employed in Luxembourg. 11. Where he is self-employed in Italy and gainfully employed in any other Member State. 12. Where a person resident in Cyprus is self-employed in Cyprus and gainfully employed in any other Member State. 13. Where a person is self-employed in Malta and gainfully employed in any other Member State. 14. Where he is self-employed in Portugal and gainfully employed in any other Member State. 15. Where a person is self-employed in Romania and gainfully employed in any other Member State. 16. Where a person resident in Finland is self-employed in Finland and gainfully employed in any other Member State. 17. Where a person is self-employed in Slovakia and gainfully employed in any other Member State. 18. Where a person resident in Sweden is self-employed in Sweden and gainfully employed in any other Member State.
(a) Family allowances provided for by coordinated laws on family allowances for employed persons. (b) Dependency benefits provided for by legislation on dependency benefits for self-employed persons. (c) Dependency benefits provided for under the schemes for former employees from the Belgian Congo and Rwanda-Urundi.
1. Made up to date by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ No L 230, 22.8.1983, p. 6 )2. Council Regulation (EEC) No 1660/85 of 13 June 1985 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 160, 20.6.1985, p. 1 ; Spanish text: DO Edicíon especial, 1985 (05.V4), p. 142; Portuguese text; OJ DO Edição Especial, 1985 (05. F4), p. 142; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 61; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p.61)3. Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland (OJ No L 160, 20.6.1985, p. 7 ; Spanish text: DO Edicíon especial, 1985 (05.04), p. 148; Portuguese text: OJ Edição Especial, 1985 (05.04), p. 148; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 67; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 67)4. Commission Regulation (EEC) No 513/86 of 26 February 1986 amending Annexes 1, 4, 5 and 6 to Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ No L 51, 28.2.1986, p. 44 ; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 73; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 73)5. Council Regulation (EEC) No 3811/86 of 11 December 1986 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 355, 16.12.1986, p. 5 ; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 86; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 86)6. Council Regulation (EEC) No 1305/89 of 11 May 1989 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 131, 13.5.1985, p. 1 ; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 143; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 143)7. Council Regulation (EEC) No 2332/89 of 18 July 1989 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 224, 2.8.1989, p. 1 ; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 154; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 154)8. Council Regulation (EEC) No 3427/89 of 30 October 1989 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 331, 16.11.1989, p. 1 ; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p. 165; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p. 165)9. Council Regulation (EEC) No 2195/91 of 25 June 1991 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 206, 29.7.1991, p. 2 ; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 46; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 46)10. Council Regulation (EEC) No 1247/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 136, 19.5.1992, p. 1 ; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 124; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 124)11. Council Regulation (EEC) No 1248/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 136, 19.5.1992, p. 7 ; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 130; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 130)12. Council Regulation (EEC) No 1249/92 of 30 April 1992 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 136, 19.5.1992, p. 28 ; Swedish text: EGT, Specialutgåva 1994, område 05 (05), p. 151; Finnish text: EYVL:n erityispainos 1994, alue 05 (05), p. 151)13. Council Regulation (EEC) No 1945/93 of 30 June 1993 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 and Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 (OJ No L 181, 23.7.1993, p. 1 ; Swedish text: EGT, Specialutgåva 1994, område 05 (06), p. 63; Finnish text: EYVL:n erityispainos 1994, alue 05 (06), p. 63)14. Council Regulation (EC) No 3095/95 of 22 December 1995 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71, Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation (EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (OJ No L 335, 30.12.1995, p. 1 )15. Council Regulation (EC) No 3096/95 of 22 December 1995 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 335, 30.12.1995, p. 10 )16. Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (OJ No L 28, 30.1.1997, p. 1 )