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Regulation (EC) No 883/2004 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

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[X1 [F1ANNEX II U.K. PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY (Article 8(1))

General comments U.K.

It is to be noted that the provisions of bilateral conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex. This includes obligations between Member States arising from conventions providing, for example, for provisions regarding aggregation of insurance periods fulfilled in a third country. U.K.

Provisions of social security conventions remaining applicable:

BELGIUM-GERMANY U.K.

Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as set out 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).

BELGIUM-LUXEMBOURG U.K.

Convention of 24 March 1994 on social security for frontier workers (relating to the complementary flat rate reimbursement).

BULGARIA-GERMANY U.K.

Article 28(1)(b) of the Convention on social security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who already received a pension before 1996).

[F2BULGARIA-CROATIA U.K.

Article 35(3) of the Convention on Social Security of 14 July 2003 (recognition of periods of insurance completed until 31 December 1957 at the expense of the contracting state in which the insured person resided on 31 December 1957 ).]

BULGARIA-AUSTRIA U.K.

Article 38(3) of the Convention on social security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by that Convention.

BULGARIA-SLOVENIA U.K.

Article 32(2) of the Convention on Social Security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957 ).

CZECH REPUBLIC-GERMANY U.K.

Article 39(1)(b) and (c) of the Convention on Social Security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting States for persons who already received a pension for these periods on 1 September 2002 from the other contracting State, while residing in its territory).

CZECH REPUBLIC-CYPRUS U.K.

Article 32(4) of the Convention on Social Security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of that provision remains restricted to the persons covered by it.

CZECH REPUBLIC-LUXEMBOURG U.K.

Article 52(8) of the Convention on Social Security of 17 November 2000 (reckoning of pension insurance periods for political refugees).

CZECH REPUBLIC-AUSTRIA U.K.

Article 32(3) of the Convention on social security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

CZECH REPUBLIC-SLOVAKIA U.K.

Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before the day of the dissolution of the Czech and Slovak Federal Republic).

DENMARK-FINLAND U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).

DENMARK-SWEDEN U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).

GERMANY-SPAIN U.K.

Article 45(2) of the Social Security Convention of 4 December 1973 (representation by diplomatic and consular authorities).

GERMANY-FRANCE U.K.

(a)

Complementary Agreement No 4 of 10 July 1950 to the General Convention of the same date, as set out in Supplementary Agreement No 2 of 18 June 1955 (reckoning of periods of insurance completed between 1 July 1940 and 30 June 1950 );

(b)

Title I of that Supplementary Agreement No 2 (reckoning of periods of insurance completed before 8 May 1945 );

(c)

points 6, 7 and 8 of the General Protocol of 10 July 1950 to the General Convention of the same date (administrative arrangements);

(d)

Titles II, III and IV of the Agreement of 20 December 1963 (social security in the Saar).

[F2GERMANY-CROATIA U.K.

Article 41 of the Convention on Social Security of 24 November 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of that provision remains restricted to the persons covered by it.]

GERMANY-LUXEMBOURG U.K.

Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946).

GERMANY-HUNGARY U.K.

Article 40(1)(b) of the Convention on social security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who already received a pension before 1996).

GERMANY-NETHERLANDS U.K.

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 ).

GERMANY-AUSTRIA U.K.

(a)

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 ;

(b)

Article 14(2)(g), (h), (i) and (j) of the Convention on social security of 4 October 1995 (determination of competencies between both countries with regard to former insurance cases and acquired insurance periods); the application of that provision remains restricted to the persons covered by it.

GERMANY-POLAND U.K.

(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 (maintenance of legal status, on the basis of the Convention of 1975, of the persons who had established their residence in the territory of Germany or Poland before 1 January 1991 and who continue to reside there);

(b)

Articles 27(5) and 28(2) of the Convention on social security of 8 December 1990 (maintenance of entitlement to a pension paid on the basis of the Convention of 1957 concluded between the former German Democratic Republic and Poland; reckoning of periods of insurance completed by Polish employees under the Convention of 1988 concluded between the former German Democratic Republic and Poland).

GERMANY-ROMANIA U.K.

Article 28(1)(b) of the Convention on social security of 8 April 2005 (maintenance of the Convention concluded between the former German Democratic Republic and Romania for persons who already received a pension before 1996).

GERMANY-SLOVENIA U.K.

Article 42 of the Convention on social security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of that provision remains restricted to the persons covered by it.

GERMANY-SLOVAKIA U.K.

Article 29(1), second and third subparagraphs of the Agreement of 12 September 2002 (maintenance of the Convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting States for persons who already received a pension for these periods on 1 December 2003 from the other contracting State, while residing in its territory).

GERMANY-UNITED KINGDOM U.K.

(a)

Article 7(5) and (6) of the Convention on social security of 20 April 1960 (legislation applicable to civilians serving in the military forces);

(b)

Article 5(5) and (6) of the Convention on unemployment insurance of 20 April 1960 (legislation applicable to civilians serving in the military forces).

IRELAND-UNITED KINGDOM U.K.

Article 19(2) of the Agreement of 14 December, 2004 on social security (concerning the transfer and reckoning of certain disability credits).

SPAIN-PORTUGAL U.K.

Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for 2 years from the date of application of this Regulation.

[F2CROATIA-ITALY U.K.

(a)

The Agreement between Yugoslavia and Italy 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 (reckoning of periods of insurance completed before 18 December 1954 ); the application remains restricted to the persons covered by that Agreement;

(b)

Article 44(3) of the Convention on Social Security between the Republic of Croatia and the Italian Republic of 27 June 1997 , concerning ex Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956 ); the application of that provision remains restricted to persons covered by that Convention.

CROATIA-HUNGARY U.K.

Article 43(6) of the Convention on Social Security of 8 February 2005 (recognition of periods of insurance completed until 29 May 1956 at the expense of the contracting state in which the insured person resided on 29 May 1956 ).

CROATIA-AUSTRIA U.K.

Article 35 of the Convention on Social Security of 16 January 1997 (reckoning of periods of insurance completed before 1 January 1956 ); the application of that provision remains restricted to the persons covered by it.

CROATIA-SLOVENIA U.K.

(a)

Article 35(3) of the Agreement on Social Security of 28 April 1997 (recognition of periods with bonus under the legislation of the former common State);

(b)

Articles 36 and 37 of the Agreement on Social Security of 28 April 1997 (benefits acquired before 8 October 1991 remain the obligation of the contracting state that granted them; pensions granted between 8 October 1991 and 1 February 1998 , the date of entry into force of the said Agreement, in respect of the periods of insurance completed in the other contracting state until 31 January 1998 , are subject to recalculation).]

ITALY-SLOVENIA U.K.

(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 (reckoning of periods of insurance completed before 18 December 1954 ); the application of that provision remains restricted to the persons covered by that Agreement;

(b)

Article 45(3) of the Convention on social security of 7 July 1997 concerning ex-Zone B of the Free Territory of Trieste (reckoning of periods of insurance completed before 5 October 1956 ); the application of that provision remains restricted to the persons covered by that Convention.

LUXEMBOURG-PORTUGAL U.K.

Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party).

LUXEMBOURG-SLOVAKIA U.K.

Article 50(5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees).

HUNGARY-AUSTRIA U.K.

Article 36(3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVENIA U.K.

Article 31 of the Convention on social security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956 ); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVAKIA U.K.

Article 34(1) of the Convention on social security of 30 January 1959 (Article 34(1) of that Convention provides that the insurance periods awarded before the day of signing that Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-POLAND U.K.

Article 33(3) of the Convention on social security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-ROMANIA U.K.

Article 37(3) of the Agreement on social security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVENIA U.K.

Article 37 of the Convention on social security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVAKIA U.K.

Article 34(3) of the Convention of 21 December 2001 on Social Security (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

FINLAND-SWEDEN U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).] ]

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