Council Regulation (EC) No 1408/71 (repealed)Dangos y teitl llawn

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 U.K.

A.

BELGIUM

None.

B.

[F1 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.

[F2 [F3 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.

[F3 DENMARK]

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D.

E.

[F3 GERMANY]

None.

F.

[F4 [F3 ESTONIA]

[F2 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.

[F4 [F3 GREECE]

None.]

H.

[F3 SPAIN]

None.

I.

[F3 FRANCE]

[F5 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.

[F6 . . . . .]

J.

[F3 IRELAND]

[F7 All applications for retirement pensions, old age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension]

K.

[F3 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.

[F4 [F3 CYPRUS]

All applications for old-age, invalidity and widows' and widowers' pensions.

M.

[F3 LATVIA]

None.

N.

[F3 LITHUANIA]

None.]

O.

[F3 LUXEMBOURG]

None.

P.

[F4 [F3 HUNGARY]

[F8 None.]

Q.

[F3 MALTA]

None.]

R.

[F3 THE NETHERLANDS]

All applications for old-age pensions under the law of 31 May 1956 governing general old-age insurance, as amended.

S.

[F3 AUSTRIA]

1.

[F8 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.

[F4 [F3 POLAND]

All applications for old-age, disability and survivors' pensions.]

U.

[F3 PORTUGAL]

Invalidity, old-age and widows' pensions.

V.

[F1 ROMANIA

None.]

W.

[F4 [F3 SLOVENIA]

None.

X.

[F9 [F3 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.

[F3 FINLAND]

None.

Z.

[F9 [F3 SWEDEN]

Income-based old-age pensions (Act 1998:674) and guarantee pensions in the form of old-age pensions (Act 1998:702).]

AA.

[F3 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.

Textual Amendments

F1 Inserted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting 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.

F2 Substituted by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006 amending 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).

F3 Substituted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting 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.

F4 Inserted by Act concerning 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.

F5 Substituted by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 amending 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).

F6 Deleted by Act concerning 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.

F7 Inserted by Council Regulation (EC) No 1223/98 of 4 June 1998.

F8 Substituted by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 amending 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).

F9 Substituted by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006 amending 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).