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Council Regulation (EC) No 1408/71 (repealed)Show full title
Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (8) (9) (10) (11) (Consolidated version — OJ No L 28 of 30.1.1997, p. 1See appendix. ) (repealed)
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Changes over time for: Article 46c (11)
Version Superseded: 01/05/2010
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Article 46c (11)U.K.Special provisions applicable in the case of overlapping of one or more benefits referred to in Article 46a (1) with one or more benefits of a different kind or with other income, where two or more Member States are concerned
1.If the receipt of benefits of a different kind or other income entails the reduction, suspension or withdrawal of two or more 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.
2.Where the benefit inquestionis calculated inaccordan ce with Article 46 (2), the benefit or benefits of a different kind from other Member States or other income and all other elements provided for by the legislationof the Member State for the application of the provisions in the respect of reduction, suspension or withdrawal shall be taken into account in proportion to the periods of insurance and/or residence referred to inArticle 46 (2) (b), and shall be used for the calculation of the said benefit.
3.If the receipt of benefits of a different kind or of other income entails the reduction, suspension or withdrawal of one or more benefits referred to in Article 46 (1) (a) (i), and of one or more benefits referred to inArticle 46 (2), the following rules shall apply:
(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.
4.Where, in the case referred to inparagraphs 1 and 3 (a), the legislationof a Member State provides that, for the application of provisions concerning reduction, suspension or withdrawal, account shall be taken of benefits of a different kind and/or other income and all other elements in proportion to the periods of insurance referred to inArticle 46 (2) (b), the divisionprovided for in the said paragraphs shall not apply in respect of that Member State.
5.All the abovementioned provisions shall apply mutatis mutandis where the legislation of one or more Member States provides that the right to a benefit cannot be acquired in the case where the person concerned is in receipt of a benefit of a different kind, payable under the legislation of another Member State, or of other income.
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