LegalizeReform history
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
5 versions
· 1971-06-14
2010-05-01
the application of social security schemes to employed persons and thei
2008-07-07
the application of social security schemes to employed persons and thei
2007-01-02
the application of social security schemes to employed persons and thei
Changes on 2007-01-02
@@ -226,7 +226,7 @@
3. The provisions of Title III of this Regulation shall not, however, affect the legislative provisions of any Member State concerning a shipowner's liability.
4. This Regulation shall not apply to social and medical assistance,to benefit schemes for victims of war or its consequences .
4. This Regulation shall not apply to social and medical assistance,to benefit schemes for victims of war or its consequences —————.
#### Article 5 (10)
@@ -292,13 +292,13 @@
The first subparagraph shall also apply to lump-sum benefits granted in cases of remarriage of a surviving spouse who was entitled to a survivors' pension.
2. Where under the legislation of a Member State reimbursement of contributions is conditional upon the person concerned having ceased to be subject to compulsory insurance, this condition shall not be considered satisfied as long as the person concerned is subject to compulsory insurance under the legislation of another Member State.
2. Where under the legislation of a Member State reimbursement of contributions is conditional upon the person concerned having ceased to be subject to compulsory insurance, this condition shall not be considered satisfied as long as the person concerned is subject to compulsory insurance ————— under the legislation of another Member State.
#### Article 10a (10)
##### Special non-contributory benefits
1. The provisions of Article 10 and of Title III shall not apply to the special non-contributory cash benefits referred to in Article 4(2a). The persons to whom this Regulation applies shall receive these benefits exclusively in the territory of the Member State in which they reside and under the legislation of that State, in so far as these benefits are mentioned in Annex IIa. Benefits shall be paid by, and at the expense of, the institution of the place of residence.
1. The provisions of Article 10 and of Title III shall not apply to the special non-cont.ributory cash benefits referred to in Article 4(2a). The persons to whom this Regulation applies shall receive these benefits exclusively in the territory of the Member State in which they reside and under the legislation of that State, in so far as these benefits are mentioned in Annex IIa. Benefits shall be paid by, and at the expense of, the institution of the place of residence.
2. The institution of a Member State under whose legislation entitlement to benefits covered by paragraph 1 is subject to the completion of periods of employment, self-employment or residence shall regard, to the extent necessary, periods of employment, self-employment or residence completed in the territory of any other Member State as periods completed inthe territory of the first Member State.
@@ -1551,7 +1551,7 @@
##### Establishment, composition and working methods
1. An advisory Committee on Social Security for Migrant Workers (hereinafter called ‘the Advisory Committee’) is hereby established,with 150 members comprising, from each Member State:
1. An advisory Committee on Social Security for Migrant Workers (hereinafter called ‘the Advisory Committee’) is hereby established,with 162 members comprising, from each Member State:
(a)two representatives of the government, of whom one at least must be a member of the Administrative Commission;
@@ -1914,16 +1914,19 @@
A.BELGIUM
Does not apply.
B.CZECH REPUBLIC
Does not apply.
C.DENMARK
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.
D.GERMANY
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:
@@ -1931,71 +1934,74 @@
—or
—to join a scheme within the framework of compulsory pension insurance.
E.ESTONIA
Does not apply.
F.GREECE
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.
G.SPAIN
Does not apply.
H.FRANCE
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.
I.IRELAND
J.IRELAND
1.Any person who is compulsorily or voluntarily insured pursuant to the provisions of Sections 9, 21 and 49 of the Social Welfare (Consolidation) Act 1993 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 17 and 21 of the Social Welfare (Consolidation) Act 1993 shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.
J.ITALY
Does not apply.
K.CYPRUS
Does not apply.
L.LATVIA
Does not apply.
M.LITHUANIA
Does not apply.
N.LUXEMBOURG
Does not apply.
O.HUNGARY
Does not apply.
P.MALTA
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.
Q.NETHERLANDS
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.
R.AUSTRIA
Does not apply.
S.POLAND
Does not apply.
T.PORTUGAL
Does not apply.
U.SLOVENIA
Does not apply.
V.SLOVAKIA
Does not apply.
W.FINLAND
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.
X.SWEDEN
Any person who is an employed or self-employed person within the meaning of the legislation on work injury insurance shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation.
Y.UNITED KINGDOM
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.
### II. **Members of the family (Second sentence of Article 1 (f) of the Regulation)**
@@ -2003,79 +2009,85 @@
A.BELGIUM
Does not apply.
B.CZECH REPUBLIC
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.
C.DENMARK
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.
D.GERMANY
Does not apply.
E.ESTONIA
Does not apply.
F.GREECE
Does not apply.
G.SPAIN
Does not apply.
H.FRANCE
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.
I.IRELAND
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 of 1947 to 1970.
J.ITALY
Does not apply.
K.CYPRUS
Does not apply.
L.LATVIA
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.
M.LITHUANIA
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.
N.LUXEMBOURG
Does not apply.
O.HUNGARY
Does not apply.
P.MALTA
Does not apply.
Q.NETHERLANDS
Does not apply.
R.AUSTRIA
Does not apply.
S.POLAND
Does not apply.
T.PORTUGAL
Does not apply.
U.SLOVENIA
Does not apply.
V.SLOVAKIA
O.LUXEMBOURG
Does not apply.
P.HUNGARY
Does not apply.
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.
W.FINLAND
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.
X.SWEDEN
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.
Y.UNITED KINGDOM
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:
@@ -2108,80 +2120,86 @@
A.BELGIUM
Does not apply.
B.CZECH REPUBLIC
Does not apply.
C.DENMARK
Does not apply.
D.GERMANY
Does not apply.
E.ESTONIA
Does not apply.
F.GREECE
Does not apply.
G.SPAIN
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 of 20 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.
H.FRANCE
I.FRANCE
1.Supplementary benefit schemes for self-employed persons in craft-trade, 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.
2.Supplementary sickness and maternity insurance schemes for self-employed workers in agriculture, as referred to in Article L.727-1 of the Rural Code.
I.IRELAND
Does not apply.
H.ITALY
Does not apply.
K.CYPRUS
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.
L.LATVIA
Does not apply.
M.LITHUANIA
Does not apply.
N.LUXEMBOURG
Does not apply.
O.HUNGARY
Does not apply.
P.MALTA
Does not apply.
Q.NETHERLANDS
Does not apply.
R.AUSTRIA
Does not apply.
S.POLAND
Does not apply.
T.PORTUGAL
Does not apply.
U.SLOVENIA
Does not apply.
V.SLOVAKIA
Does not apply.
W.FINLAND
Does not apply.
X.SWEDEN
Does not apply.
Y.UNITED KINGDOM
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.
### II. **Special childbirth or adoption allowances excluded from the scope of the Regulation under the terms of Article 1 (u) (i)**
@@ -2190,79 +2208,85 @@
(a)Childbirth allowance;
(b)Adoption premium.
B.CZECH REPUBLIC
B.BULGARIA
Maternity lump-sum allowance (Law on Family Allowances for Children).
C.CZECH REPUBLIC
Childbirth allowance.
C.DENMARK
None.
D.GERMANY
None.
E.ESTONIA
D.DENMARK
None.
E.GERMANY
None.
F.ESTONIA
(a)Childbirth allowance;
(b)Adoption allowance.
F.GREECE
None.
G.SPAIN
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).
H.FRANCE
I.FRANCE
Birth or adoption grant (early childhood benefit).
I.IRELAND
None.
J.ITALY
None.
K.CYPRUS
None.
L.LATVIA
J.IRELAND
None.
K.ITALY
None.
L.CYPRUS
None.
M.LATVIA
(a)Childbirth grant;
(b)Adoption allowance.
M.LITHUANIA
N.LITHUANIA
Childbirth grant.
N.LUXEMBOURG
O.LUXEMBOURG
(a)antenatal allowance;
(b)childbirth allowance.
O.HUNGARY
P.HUNGARY
Maternity grant.
P.MALTA
None.
Q.NETHERLANDS
None.
R.AUSTRIA
Q.MALTA
None.
R.NETHERLANDS
None.
S.AUSTRIA
None
S.POLAND
T.POLAND
Childbirth supplement (Act of 28 November 2003 on family benefits).
T.PORTUGAL
None.
U.SLOVENIA
U.PORTUGAL
None.
V.ROMANIA
Childbirth allowance.
W.SLOVENIA
Childbirth grant.
V.SLOVAKIA
X.SLOVAKIA
Childbirth allowance.
W.FINLAND
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.
X.SWEDEN
None.
Y.UNITED KINGDOM
Z.SWEDEN
None.
AA.UNITED KINGDOM
None.
### III. **Special non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation**
@@ -2270,77 +2294,83 @@
A.BELGIUM
None.
B.CZECH REPUBLIC
None.
C.DENMARK
None.
D.GERMANY
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.
—————
E.ESTONIA
None.
F.GREECE
None.
G.SPAIN
None.
H.FRANCE
None.
I.IRELAND
None.
J.ITALY
None.
K.CYPRUS
None.
L.LATVIA
None.
M.LITHUANIA
None.
N.LUXEMBOURG
None.
O.HUNGARY
None.
P.MALTA
None.
Q.NETHERLANDS
None.
R.AUSTRIA
Benefits granted under Bundesländer legislation for disabled persons and persons in the need of care.
S.POLAND
None.
T.PORTUGAL
None.
U.SLOVENIA
None.
V.SLOVAKIA
None.
W.FINLAND
None.
X.SWEDEN
None.
Y.UNITED KINGDOM
F.ESTONIA
None.
G.GREECE
None.
H.SPAIN
None.
I.FRANCE
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.
## ANNEX IIa
@@ -2351,29 +2381,33 @@
(b)Guaranteed income for elderly persons (Law of 22 March 2001).
### B. **CZECH REPUBLIC**
### B. **BULGARIA**
Social Pension for old age (Article 89 of the Social Security Code).
### C. **CZECH REPUBLIC**
Social allowance (State Social Support Act No 117/1995 Sb.).
### C. **DENMARK**
### D. **DENMARK**
Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995).
### D. **GERMANY**
### E. **GERMANY**
Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to these benefits, the eligibility requirements for a temporary supplement following receipt of unemployment benefit (Article 24(1) of Book II of the Social Code) are fulfilled.
### E. **ESTONIA**
### F. **ESTONIA**
(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).
### F. **GREECE**
### G. **GREECE**
Special benefits for the elderly (Law 1296/82).
### G. **SPAIN**
### H. **SPAIN**
(a)Minimum income guarantee (Law No 13/82 of 7 April 1982)
@@ -2383,7 +2417,7 @@
(d)Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982).
### H. **FRANCE**
### I. **FRANCE**
(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)
@@ -2391,7 +2425,7 @@
(c)Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code).
### I. **IRELAND**
### J. **IRELAND**
(a)Unemployment assistance (Social Welfare (Consolidation) Act 1993, Part III, Chapter 2)
@@ -2405,7 +2439,7 @@
(f)Blind pension (Social Welfare (Consolidation) Act 1993, Part III, Chapter 5).
### J. **ITALY**
### K. **ITALY**
(a)Social pensions for persons without means (Law No 153 of 30 April 1969)
@@ -2423,7 +2457,7 @@
(h)Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments).
### K. **CYPRUS**
### L. **CYPRUS**
(a)Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended)
@@ -2431,23 +2465,25 @@
(c)Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended).
### L. **LATVIA**
### M. **LATVIA**
(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).
### M. **LITHUANIA**
(a)Social pension (Law of 1994 on Social Pensions)
(b)Special transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensations, Article 7).
### N. **LUXEMBOURG**
### N. **LITHUANIA**
(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).
### O. **LUXEMBOURG**
Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment.
### O. **HUNGARY**
### P. **HUNGARY**
(a)Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity)
@@ -2455,33 +2491,37 @@
(c)Transport allowance (Government Decree No 164/1995 (XII 27) on Transport Allowances for Persons with Severe Physical Handicap).
### P. **MALTA**
### Q. **MALTA**
(a)Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987)
(b)Age pension (Social Security Act (Cap. 318) 1987).
### Q. **NETHERLANDS**
### R. **NETHERLANDS**
(a)Disablement Assistance Act for Handicapped Young Persons, of 24 April 1997 (Wajong)
(b)Supplementary Benefits Act of 6 November 1986 (TW).
### R. **AUSTRIA**
### S. **AUSTRIA**
Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG).
### S. **POLAND**
### T. **POLAND**
Social pension (Act of 27 June 2003 on social pensions).
### T. **PORTUGAL**
### U. **PORTUGAL**
(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).
### U. **SLOVENIA**
### V. **ROMANIA**
Monthly allowance for persons with disabilities (Emergency Ordinance No 102/1999 concerning special protection and employment of persons with disabilities, approved by Law No 519/2002).
### W. **SLOVENIA**
(a)State pension (Pension and Disability Insurance Act of 23 December 1999)
@@ -2489,11 +2529,13 @@
(c)Maintenance allowance (Pension and Disability Insurance Act of 23 December 1999).
### V. **SLOVAKIA**
Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income.
### W. **FINLAND**
### X. **SLOVAKIA**
(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.
### Y. **FINLAND**
(a)Disability allowance (Disability Allowance Act, 124/88)
@@ -2505,7 +2547,7 @@
(e)Special assistance for immigrants (Act on Special Assistance for Immigrants, 1192/2002).
### X. **SWEDEN**
### Z. **SWEDEN**
(a)Housing supplements for persons receiving a pension (Law 2001: 761)
@@ -2513,7 +2555,7 @@
(c)Disability allowance and care allowance for disabled children (Law 1998: 703).
### Y. **UNITED KINGDOM**
### AA. **UNITED KINGDOM**
(a)State Pension credit (State Pension Credit Act 2002)
@@ -2540,35 +2582,45 @@
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 of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War).
2 CZECH REPUBLIC-GERMANY
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.
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.
3.CZECH REPUBLIC-CYPRUS
6.CZECH REPUBLIC-CYPRUS
Article 32(4) of the Agreement on Social Security of 19 January 1999.
4.CZECH REPUBLIC-SPAIN
Article 52 (8), of the Agreement of 17 November 2000.
5.CZECH REPUBLIC-AUSTRIA
8.CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
6.CZECH REPUBLIC-SLOVAKIA
9.CZECH REPUBLIC-SLOVAKIA
Articles 12, 20 and 33 of the Agreement on Social Security of 29 October 1992.
7.DENMARK-FINLAND
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.
8.DENMARK-SWEDEN
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.
9.GERMANY-GREECE
12.GERMANY-GREECE
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 of 14 June 1980 (reckoning of insurance periods for unemployment benefits in case of transfer of residence from one State to another).
10.GERMANY-SPAIN
13.GERMANY-SPAIN
Article 45(2) of the Social Security Convention of 4 December 1973 (representation by diplomatic and consular authorities).
11.GERMANY-FRANCE
14.GERMANY-FRANCE
—————
(a)Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950).
@@ -2576,108 +2628,112 @@
(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).
12.GERMANY-LUXEMBOURG
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).
13.GERMANY-HUNGARY
16.GERMANY-HUNGARY
(a)Articles 27 (3) and 40 (1) (b) of the Convention on social security of 2 May 1998.
(b)Point 16 of the Closing Protocol to the said Convention.
14.GERMANY-NETHERLANDS
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 of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945).
15.GERMANY-AUSTRIA
18.GERMANY-AUSTRIA
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 before 1 January 2005 and become unemployed before 1 January 2011.
16.GERMANY-POLAND
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 of 8 December 1990.
(b)Articles 11 (3), 19 (4), 27 (5) and 28 (2) of the Convention on social security of 8 December 1990.
17.GERMANY-SLOVENIA
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.
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.
18.GERMANY-SLOVAKIA
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 of 12 September 2002.
19.GERMANY-UNITED KINGDOM
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).
20.SPAIN-PORTUGAL
24.SPAIN-PORTUGAL
Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits).
21.IRELAND-UNITED KINGDOM
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).
187. ITALY-NETHERLANDS
Article 21 (2) of the General Convention of 28 October 1952.
22.ITALY-SLOVENIA
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.
23.LUXEMBOURG-SLOVAKIA
27.LUXEMBOURG-SLOVAKIA
Article 50(5) of the Treaty on Social Security of 23 May 2002.
24.HUNGARY-AUSTRIA
28.HUNGARY-AUSTRIA
Articles 23 (2) and 36 (3) of the Convention on social security of 31 March 1999.
25.HUNGARY-SLOVENIA
29.HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
26.NETHERLANDS-PORTUGAL
30.NETHERLANDS-PORTUGAL
Article 31 of the Convention of 19 July 1979 (export of unemployment benefits).
27.AUSTRIA-POLAND
31.AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September 1998.
28.AUSTRIA-SLOVENIA
32.AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
29.AUSTRIA-SLOVAKIA
33.AUSTRIA-SLOVAKIA
Article 34(3) of the Agreement of 21 December 2001 on Social Security.
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 of 15 November 1978, as amended by the Exchange of Letters of 28 September 1987.
31.FINLAND-SWEDEN
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.
### B. **Provisions of Conventions which do not apply to all persons to whom the Regulations applies (Article 3 (3) of the Regulation)**
1.CZECH REPUBLIC-CYPRUS
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.
2.CZECH REPUBLIC-AUSTRIA
3.CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
3.GERMANY-HUNGARY
4.GERMANY-HUNGARY
Point 16 of the Closing Protocol to the Convention on social security of 2 May 1998.
4.GERMANY-POLANDSLOVENIA
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.
5.ITALY-SLOVENIA
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.
6.HUNGARY-AUSTRIA
7.HUNGARY-AUSTRIA
Article 36 (3) of the Convention on social security of 31 March 1999.
7.HUNGARY-SLOVENIA
8.HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
8.AUSTRIA-POLAND
9.AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September 1998.
9.AUSTRIA-SLOVENIA
10.AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
10.AUSTRIA-SLOVAKIA
11.AUSTRIA-SLOVAKIA
Article 34(3) of the Agreement of 21 December 2001 on Social Security.
## ANNEX IV (B) (11) (13) (15)
@@ -2689,83 +2745,89 @@
(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.CZECH REPUBLIC
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.).
C.DENMARK
None.
D.GERMANY
None.
E.ESTONIA
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.
F.GREECE
G.GREECE
Legislation relating to the agricultural insurance scheme.
G.SPAIN
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.
H.FRANCE
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.
I.IRELAND
J.IRELAND
Part II, Chapter 15, of the Social Welfare (Consolidation) Act 1993
J.ITALY
None.
K.CYPRUS
None.
L.LATVIA
K.ITALY
None.
L.CYPRUS
None.
M.LATVIA
Article 16 (1) (2) of the Law on State Pensions of 1 January 1996.
M.LITHUANIA
None.
N.LUXEMBOURG
None.
O.HUNGARY
None.
P.MALTA
None.
Q.THE NETHERLANDS
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
R.AUSTRIA
None.
S.POLAND
None.
T.PORTUGAL
None.
U.SLOVENIA
None.
V.SLOVAKIA
None.
W.FINLAND
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)).
X.SWEDEN
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).
Y.UNITED KINGDOM
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.
@@ -2778,31 +2840,34 @@
A.BELGIUM
None.
B.CZECH REPUBLIC
None.
C.DENMARK
None.
D.GERMANY
B.BULGARIA
None.
C.CZECH REPUBLIC
None.
D.DENMARK
None.
E.GERMANY
Farmers' old-age insurance (Alterssicherung der Landwirte).
E.ESTONIA
None.
F.GREECE
None.
G.SPAIN
Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as described in Royal Decree No 2309 of 23 July 1970.
H.FRANCE
None.
I.IRELAND
None.
J.ITALY
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.
J.IRELAND
None.
K.ITALY
Pension insurance schemes for (Assicurazione pensioni per):
—medical practitioners (medici)
—pharmacists (farmacisti)
@@ -2824,49 +2889,52 @@
—industrial technicians (periti industriali)
—actuaries, chemists, agronomists, foresters, geologists (attuari, chimici, dottori agronomi, dottori forestali, geologi).
K.CYPRUS
None.
L.LATVIA
None.
M.LITHUANIA
None.
N.LUXEMBOURG
None.
O.HUNGARY
None.
P.MALTA
None.
Q.THE NETHERLANDS
None.
R.AUSTRIA
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).
S.POLAND
None.
T.PORTUGAL
None.
U.SLOVENIA
None.
V.SLOVAKIA
None.
W.FINLAND
None.
X.SWEDEN
None.
Y.UNITED KINGDOM
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.
### C. **Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with Article 46 (2) of the Regulation may be waived**
@@ -2874,78 +2942,84 @@
A.BELGIUM
None.
B.CZECH REPUBLIC
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.
C.DENMARK
D.DENMARK
All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D.
D.GERMANY
None.
E.ESTONIA
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.
F.GREECE
None.
G.SPAIN
None.
H.FRANCE
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.
I.IRELAND
J.IRELAND
All applications for retirement pensions, old age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension
J.ITALY
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.
K.CYPRUS
L.CYPRUS
All applications for old-age, invalidity and widows' and widowers' pensions.
L.LATVIA
None.
M.LITHUANIA
None.
N.LUXEMBOURG
None.
O.HUNGARY
M.LATVIA
None.
N.LITHUANIA
None.
O.LUXEMBOURG
None.
P.HUNGARY
Claims for old-age pension and invalidity pension when the applicant obtained at least 20 years of insurance in Hungary. Claims for survivors' benefits when the deceased person obtained a full pension exclusively under Hungarian law.
P.MALTA
None.
Q.THE NETHERLANDS
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.
R.AUSTRIA
None.
S.POLAND
S.AUSTRIA
None.
T.POLAND
All applications for old-age, disability and survivors' pensions.
T.PORTUGAL
U.PORTUGAL
Invalidity, old-age and widows' pensions.
U.SLOVENIA
None.
V.SLOVAKIA
None.
W.FINLAND
None.
X.SWEDEN
All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.
Y.UNITED KINGDOM
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
@@ -2963,7 +3037,8 @@
(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 of 17 January 1969.
(i)The full Swedish basic pension awarded under the basic pension legislation which applied before 1 January 1993 and the full basic pension awarded under the transitional rules to the legislation applying from that date.
(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.
2. *Benefits referred to in Article 46b(2)(b) of the Regulation, theamount of which is determined by reference to a creditedperiod deemed to have been completed between the date onwhich the risk materialised and a later date:*
(a)lDanish early-retirement pensions, the amount of which isdetermined in accordance with legislation in force before1 October 1984.
@@ -2975,12 +3050,17 @@
(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 invalidity and survivors' pensions for whichaccount is taken of a credited period of insurance andSwedish old-age pensions for which account is taken ofcredited periods already acquired.
(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).
3. *Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to prevent the same credited period being taken intoaccount two or more times:*
(a)Nordic Convention of 15 June 1992 on social security.
(b) The Social Security Agreement of 28 April 1997 betweenthe Federal Republic of Germany and Finland.
(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.
## ANNEX V (15)
@@ -3085,7 +3165,7 @@
| 2. Miners' scheme: | | | |
| | — partial general invalidity | No concordance | No concordance |
| | — occupational invalidity | No concordance | No concordance |
| | 3. Régime des marins: | Concordance (<sup>1</sup>) | Concordance (<sup>1</sup>) |
| | 3. Régime des marins: | Concordance (<sup>1</sup>) | Concordance (<sup>1</sup>) |
| FRANCE | | | |
| 1. General scheme: | | | |
| | — Group III (constant attendance) | Concordance | Concordance |
@@ -3148,11 +3228,15 @@
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.
### B. **CZECH REPUBLIC**
### B. **BULGARIA**
None.
### C. **DENMARK**
### C. **CZECH REPUBLIC**
None.
### D. **DENMARK**
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.
@@ -3182,7 +3266,7 @@
11.The temporary benefit for unemployed persons who have been admitted to the ‘flexible-job’ scheme (ledighedsydelse) (Law No 455 of 10 June 1997) is covered by Title III, chapter 6 (Unemployment benefits). As regards unemployed persons going to another Member State, Articles 69 and 71 of this Regulation will be applicable when this Member State has similar employment schemes for the same category of persons.
### D. **GERMANY**
### E. **GERMANY**
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.
@@ -3239,11 +3323,11 @@
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.
### E. **ESTONIA**
None.
### F. **GREECE**
### F. **ESTONIA**
For the purpose of calculating parental benefit, the periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of social tax as that paid during the periods of employment in Estonia, with which they are aggregated. If, during the reference year, the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average social tax paid in Estonia between the reference year and the maternity leave.
### G. **GREECE**
1.. . . . . .
@@ -3265,11 +3349,11 @@
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.
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.
### G. **SPAIN**
### H. **SPAIN**
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.
@@ -3297,7 +3381,7 @@
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.
### H. **FRANCE**
### I. **FRANCE**
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.
@@ -3325,7 +3409,7 @@
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.
### I. **IRELAND**
### J. **IRELAND**
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.
@@ -3355,23 +3439,23 @@
nor
(ii)make Ireland the competent State for the provision of benefits provided for in Article 18, 38 or 39 (1) of the Regulation.
### J. **ITALY**
### K. **ITALY**
None.
### K. **CYPRUS**
### L. **CYPRUS**
For the purpose of applying the provisions of Articles 18(1), 38, 45(1) to (3), 64, 67(1) and (2) and 72 of the Regulation, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.
### L. **LATVIA**
### M. **LATVIA**
None.
### M. **LITHUANIA**
### N. **LITHUANIA**
None.
### N. **LUXEMBOURG**
### O. **LUXEMBOURG**
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.
@@ -3389,27 +3473,33 @@
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.
### O. **HUNGARY**
### P. **HUNGARY**
None.
### P. **MALTA**
### Q. **MALTA**
None.
### Q. **NETHERLANDS**
1. *Insurance for medical expenses*
(a)As regards entitlement to benefits in kind under Netherlands legislation, persons entitled to benefits in kind shall mean persons who are insured or co-insured under the insurance scheme covered by the Netherlands law on sickness insurance funds for the purpose of the implementation of Chapter 1 of Title III.
(b). . . . . .
(c)For the purposes of Articles 27 to 34 of the Regulation, the following pensions shall 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 the Regulation:
—pensions awarded under the Law of 6 January 1966 (*Staatsblad* 6) on a new ruling in respect of civil servants and their survivors (Netherlands Civil Service Pensions Act) (Algemene burgerlijke pensioenwet),
—pensions awarded under the Law of 6 October 1966 (*Staatsblad* 445) on a new ruling in respect of pensions for military personnel and their survivors (Military Pensions Act) (Algemene militaire pensioenwet),
—pensions awarded under the Law of 15 February 1967 (*Staatsblad* 138) on a new ruling in respect of pensions for employees of the NV Nederlandse Spoorwegen (Netherlands Railway Company) and their survivors (Railway Pensions Act) (Spoorwegpensioenwet),
—pensions awarded under the Regulation governing conditions of employment of the Netherlands Railway Company (Reglement Dienstvoorwaarden Nederlandse Spoorwegen) (RDV 1964 NS),
—or
—benefits in respect of a pension before the age of 65 under a pension scheme designed to provide old-age assistance to workers and former workers, or benefits in respect of an early retirement pension from work under a scheme for early retirement set up by the State or by or under an industrial agreement, or a scheme to be designated by the Sickness Fund Council.
(d)Members of the family as referred to in Article 19 (2) who reside in the Netherlands and employed or self-employed workers and the members of their families as referred to in Article 22 (1) (b) and (3) read in conjunction with Article 22 (1) (b), and Articles 25 and 26 who are entitled to benefits under the legislation of another Member State shall not be insured under the Algemene Wet Bijzondere Ziektekosten (Law on general insurance against special medical expenses) (AWBZ).
### R. **NETHERLANDS**
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)insofar as they are not already included under point (i), persons who are resident in another Member State and who, under this 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 (Law on General Insurance Against Special Medical Expenses) concerning liability for the payment of contributions shall apply to the persons referred to under 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.
(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.
@@ -3462,7 +3552,7 @@
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.
### R. **AUSTRIA**
### S. **AUSTRIA**
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.
@@ -3482,53 +3572,56 @@
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).
### S. **POLAND**
### T. **POLAND**
For the purposes of applying Article 88 of the Teachers Charter of 26 January 1982, as regards the entitlement of teachers to early retirement, periods of employment as a teacher completed under the legislation of another Member State shall be regarded as periods of employment as a teacher completed under Polish legislation, and the termination of an employment relationship as a teacher effected under the legislation of another Member State, shall be regarded as termination of an employment relationship as a teacher under Polish legislation.
### T. **PORTUGAL**
### U. **PORTUGAL**
As regards persons covered by the special scheme for civil servants and persons treated as such who no longer work for the Portuguese administration when they retire or when their pension rights are determined, the last salary received from that administration will be taken into account in order to calculate the pension.
### U. **SLOVENIA**
### V. **ROMANIA**
For the calculation of the theoretical amount referred to in Article 46(2)(a) of the Regulation, in schemes in which pensions are calculated on the basis of pension 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 pension points arrived at by dividing the number of pension points acquired under the legislation it applies by the number of years corresponding to these points.
### W. **SLOVENIA**
None.
### V. **SLOVAKIA**
### X. **SLOVAKIA**
None.
### W. **FINLAND**
1.In order to determine whether the period between the occurrence of the pension contingency and the pensionable age (future period) should be taken into account when calculating the amount of the Finnish employment pension, the periods of insurance or residence under the legislation of another Member State shall be taken into consideration for the condition relating to residence in Finland.
2.Where employment or self-employment in Finland has terminated and the contingency occurs during employment or self-employment in another Member State and where the pension according to the Finnish employment pension legislation no longer includes the period between the contingency and the pensionable age (future period), periods of insurance under the legislation of another Member State shall be taken into consideration for the requirement of the future period as if they were periods of insurance in Finland.
3.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.
4.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)
5.Where a person belonging to a special scheme for civil servants is resident in Finland and:
### Y. **FINLAND**
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.
### X. **SWEDEN**
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.
2.The provisions of the Regulation on the aggregation of insurance or residence periods shall not apply to the transitional rules of the Swedish legislation on the right to a more favourable calculation of basic pensions for persons residing in Sweden for a specified period preceding the date of the claim.
3.For the purpose of establishing the entitlement to an invalidity or survivor's pension partly based on future assumed insurance periods a person shall be considered to meet the insurance and income requirements of the Swedish legislation when covered as an employed or self-employed person by an insurance or residence scheme of another Member State.
4.Years of care of small children shall, according to prescribed conditions of the Swedish legislation, be considered as insurance periods for supplementary pension purposes even when the child and the person concerned are residing in another Member State, provided that the person taking care of the child is on parental leave under the provisions of the Law on Right to Leave for Child Rearing.
### Z. **SWEDEN**
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.
### Y. **UNITED KINGDOM**
### AA. **UNITED KINGDOM**
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.
@@ -3623,35 +3716,39 @@
1.Where he is self-employed in Belgium and gainfully employed in any other Member State.
2.Where a person is self-employed in the Czech Republic and gainfully employed in any other Member State.
3.Where a person resident in Denmark is self-employed in Denmark and gainfully employed in any other Member State.
4.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.
5.Where a person resident in Estonia is self-employed in Estonia and gainfully employed in any other Member State.
6.For the pension insurance scheme for self-employed persons: where he is self-employed in Greece and gainfully employed in any other Member State.
7.Where a person resident in Spain is self-employed in Spain and gainfully employed in any other Member State.
8.Where he is self-employed in France and gainfully employed in any other Member State, except Luxembourg.
9.Where he is self-employed in farming in France and gainfully employed in Luxembourg.
10.Where he is self-employed in Italy and gainfully employed in any other Member State.
11.Where a person resident in Cyprus is self-employed in Cyprus and gainfully employed in any other Member State.
12.Where a person is self-employed in Malta and gainfully employed in any other Member State.
13.Where he is self-employed in Portugal and gainfully employed in any other Member State.
14.Where a person resident in Finland is self-employed in Finland and gainfully employed in any other Member State.
15.Where a person is self-employed in Slovakia and gainfully employed in any other Member State.
16.Where a person resident in Sweden is self-employed in Sweden 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.
## ANNEX VIII
@@ -3663,101 +3760,109 @@
(c)Dependency benefits provided for under the schemes for former employees from the Belgian Congo and Rwanda-Urundi.
### B. **CZECH REPUBLIC**
### B. **BULGARIA**
None.
### C. **DENMARK**
### C. **CZECH REPUBLIC**
None.
### D. **DENMARK**
‘Special family allowances and the ordinary and supplementary family allowances granted if the person having custody is the sole provider.
In addition, the dependent-child benefits granted for all children under 18 years of age if they live in Denmark and if the person having custody is fully liable to tax under Danish law.’
### D. **GERMANY**
### E. **GERMANY**
None
### E. **ESTONIA**
### F. **ESTONIA**
None.
### F. **GREECE**
### G. **GREECE**
None
### G. **SPAIN**
### H. **SPAIN**
None
### H. **FRANCE**
### I. **FRANCE**
All basic social-security schemes with the exception of the special schemes for employed persons (officials, State operatives, seamen, notary clerks, EDG-GDF, SNCF and RATP agents, staff of the Opera and the Comédie française, etc.) other than the scheme for miners.
### I. **IRELAND**
### J. **IRELAND**
Child benefit, orphan's (contributory) allowance and increases of widow's (contributory) pension and widower's (contributory) pension payable in respect of qualified children under the Social Welfare (Consolidation) Act 1993 and amending legislation
### J. **ITALY**
### K. **ITALY**
None
### K. **CYPRUS**
### L. **CYPRUS**
None.
### L. **LATVIA**
### M. **LATVIA**
None.
### M. **LITHUANIA**
### N. **LITHUANIA**
None.
### N. **LUXEMBOURG**
### O. **LUXEMBOURG**
None
### O. **HUNGARY**
### P. **HUNGARY**
None.
### P. **MALTA**
### Q. **MALTA**
None.
### Q. **NETHERLANDS**
### R. **NETHERLANDS**
None
### R. **AUSTRIA**
### S. **AUSTRIA**
None
### S. **POLAND**
### T. **POLAND**
None.
### T. **PORTUGAL**
### U. **SLOVENIA**
### U. **PORTUGAL**
None.
### V. **SLOVAKIA**
### V. **ROMANIA**
None.
### W. **SLOVENIA**
None.
### X. **SLOVAKIA**
None
### W. **FINLAND**
### Y. **FINLAND**
None
### X. **SWEDEN**
### Z. **SWEDEN**
None
### Y. **UNITED KINGDOM**
### AA. **UNITED KINGDOM**
### 1. **Great Britain and Northern Ireland**
2006-04-28
the application of social security schemes to employed persons and thei
2005-05-05
the application of social security schemes to employed persons and t
original version
Text at this date