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

ANNEX I Advances of maintenance payments and special childbirth and adoption allowances(Article 1(z))

I. Advances of maintenance payments

A. BELGIUM

Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency within the federal public service, Finance Department

B. DENMARK

Advance payment of child support laid down in the Act on Child Benefits

Advance payment of child support consolidated by Law No 765 of 11 September 2002

C. GERMANY

Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvorschussgesetz) of 23 July 1979

D. FRANCE

Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision

E. AUSTRIA

Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unterhaltsvorschussgesetz 1985 - UVG)

F. PORTUGAL

Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors)

G. FINLAND

Maintenance allowance under the Security of Child Maintenance Act (671/1998)

H. SWEDEN

Maintenance allowance under the Maintenance Support Act (1996:1030)

II. Special childbirth and adoption allowances

A. BELGIUM

Childbirth allowance and adoption grant

B SPAIN

Single payment birth grants

C. FRANCE

Birth or adoption grants as part of the "early childhood benefit"

D. LUXEMBOURG

Antenatal allowances

Childbirth allowances

E. 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

ANNEX II Provisions of conventions which remain in force and which, where applicable, are restricted to the persons covered thereby(Article 8(1))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest by the date of application of this Regulation referred to in Article 91.

ANNEX III Restriction of rights to benefits in kind for members of the family of a frontier worker(Article 18(2))

DENMARK

SPAIN

IRELAND

NETHERLANDS

FINLAND

SWEDEN

UNITED KINGDOM

ANNEX IV More rights for pensioners returning to the competent Member State(Article 27(2))

BELGIUM

GERMANY

GREECE

SPAIN

FRANCE

ITALY

LUXEMBOURG

AUSTRIA

SWEDEN

ANNEX V More rights for former frontier workers who return to their previous Member State of activity as an employed or self-employed person (applicable only if the Member State in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his Member State of residence is situated also appears on the list)(Article 28(2))

BELGIUM

GERMANY

SPAIN

FRANCE

LUXEMBOURG

AUSTRIA

PORTUGAL

ANNEX VI Identification of type A legislation which should be subject to special coordination(Article 44(1))

A. GREECE

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

B. IRELAND

Part II, Chapter 15 of the Social Welfare (Consolidation) Act, 1993

C. FINLAND

Invalidity 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)

National pensions to persons who are disabled or become disabled at an early age (the National Pensions Act (547/93))

D. SWEDEN

Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489)

E. UNITED KINGDOM

(a)

Great Britain

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992.

(b)

Northern Ireland

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992.

ANNEX VII CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY(Article 46(3) of the Regulation)

BELGIUM

a Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by Belgian institutions on which the decision is binding in cases of concordance
		General scheme	Miners' scheme		Mariners' scheme	Ossom
			General invalidity	Occupational invalidity
FRANCE	1. General scheme:
	– Group III (constant attendance)	Concordance	Concordance	Concordance	Concordance	No concordance
	– Group II	Concordance	Concordance	Concordance	Concordance	No concordance
	– Group I	Concordance	Concordance	Concordance	Concordance	No concordance
	2. Agricultural scheme
	– Total, general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
	– Two-thirds general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
	– Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
	3. Miners' scheme:
	– Partial, general invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
	– Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
	– Occupational invalidity	No concordance	No concordance	Concordance	No concordance	No concordance
	4. Mariners' scheme:
	– General invalidity	Concordance	Concordance	Concordance	Concordance	No concordance
	– Constant attendance	Concordance	Concordance	Concordance	Concordance	No concordance
	– Occupational invalidity	No concordance	No concordance	No concordance	No concordance	No concordance
ITALY	1. General scheme:
	– Invalidity – manual workers	No concordance	Concordance	Concordance	Concordance	No concordance
	– Invalidity – clerical staff	No concordance	Concordance	Concordance	Concordance	No concordance
	2. Mariners' scheme:
	– Unfitness for seafaring	No concordance	No concordance	No concordance	No concordance	No concordance
LUXEMBOURGa	Workers' invalidity – manual workers	Concordance	Concordance	Concordance	Concordance	No concordance
	Invalidity – clerical staff	Concordance	Concordance	– Concordance	Concordance	No concordance

FRANCE

a In so far as the invalidity recognised by the Belgian institutions is general invalidity.
b Only if the Belgian institution has recognised that the worker is unfit for work underground or at ground level.
c Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by French institutions on which the decision is binding in cases of concordances
		General scheme			Agricultural scheme			Miners' scheme			Mariners' scheme
		Group I	Group II	Group III Constant attendance	2/3 Invalidity	Total invalidity	Constant attendance	2/3 General invalidity	Constant attendance	Occupational invalidity	2/3 General invalidity	Total occupational invalidity	Constant attendance
BELGIUM	1. General scheme	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
	2. Miners' scheme
	– partial general invalidity	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
	– occupational invalidity	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	Concordanceb
	3. Mariners' scheme	Concordancea	No concordance	No concordance	Concordancea	No concordance	No concordance	Concordancea	No concordance	No concordance	No concordance	No concordance	No concordance
ITALY	1. General scheme
	– invalidity – manual workers	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
	– invalidity – clerical staff	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
	2. Mariners' scheme
	– unfitness for seafaring	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance
LUXEMBOURGc	Invalidity – manual workers	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	Concordance	No concordance	No concordance	No concordance	No concordance	No concordance
	Invalidity – clerical staff	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance	No concordance

ITALY

Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by Italian institutions on which the decision is binding in cases of concordance
		General scheme		Mariners Unfit for navigation
		Manual workers	Clerical staff
BELGIUM	1. General scheme	No concordance	No concordance	No concordance
	2. Miners' scheme
	– partial general invalidity	Concordance	Concordance	No concordance
	– occupational invalidity	No concordance	No concordance	No concordance
	3. Mariners' scheme	No concordance	No concordance	No concordance
FRANCE	1. General scheme
	– Group III (constant attendance)	Concordance	Concordance	No concordance
	– Group II	Concordance	Concordance	No concordance
	– Group I	Concordance	Concordance	No concordance
	2. Agricultural scheme
	– total general invalidity	Concordance	Concordance	No concordance
	– partial general invalidity	Concordance	Concordance	No concordance
	– constant attendance	Concordance	Concordance	No concordance
	3. Miners' scheme
	– partial general invalidity	Concordance	Concordance	No concordance
	– constant attendance	Concordance	Concordance	No concordance
	– occupational invalidity	No concordance	No concordance	No concordance
	4. Mariners' scheme
	– partial general invalidity	No concordance	No concordance	No concordance
	– constant attendance	No concordance	No concordance	No concordance
	– occupational invalidity

LUXEMBOURG(1)

a In so far as the invalidity recognised by the Belgian institution is general invalidity.
Member State	Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity	Schemes administered by Luxembourg institutions on which the decision is binding in cases of concordance
		Invalidity – manual workers	Invalidity – clerical staff
BELGIUM	1. General scheme	Concordance	Concordance
	2. Miners' scheme:
	- partial general invalidity	No concordance	No concordance
	- occupational invalidity	No concordance	No concordance
	3. Mariners' scheme	Concordancea	No concordancea
FRANCE	1. General scheme:
	- Group III (constant attendance)	Concordance	Concordance
	- Group II	Concordance	Concordance
	- Group I	Concordance	Concordance
	2. Agricultural scheme:
	- total general invalidity	Concordance	Concordance
	- two-thirds general invalidity	Concordance	Concordance
	- constant attendance	Concordance	Concordance
	3. Miners' scheme:
	- two-thirds general invalidity	Concordance	Concordance
	- constant attendance	Concordance	Concordance
	- total general invalidity	No concordance	No concordance
	4. Mariners' scheme:
	- partial general invalidity	Concordance	Concordance
	- constant attendance	Concordance	concordance
	- occupational invalidity	No concordance	No concordan

ANNEX VIII Cases in which the independent benefit is equal to or higher than the pro-rata benefit(Article 52(4))

A. DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX

B. FRANCE

All applications for pension benefits or survivor's benefits under supplementary retirement schemes for employees or self-employed workers, with the exception of applications for old-age or widow's pensions under the supplementary retirement scheme for professional cabin crew in civil aviation

C. IRELAND

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

D. NETHERLANDS

Where a person is entitled to a pension on the basis of the Netherlands' law on general old-age insurance (AOW)

E. PORTUGAL

Invalidity, old-age and survivors' pension claims, except for the cases where the total periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal to, or less than, 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February, which defines the rules for the determination of the pension amount. In such cases, by applying more favourable pension formation rates, the amount resulting from the pro-rata calculation may be higher than that resulting from the independent calculation.

F. SWEDEN

Earnings-related old-age pension (Act 1998:674), earnings-related survivor's pension in the form of adjustment pension and child's pension allowance when the death occurred before 1 January 2003 and widow's pension (Act 2000:461 and Act 2000:462)

G. UNITED KINGDOM

All applications for retirement pension, widows' and bereavement benefits determined pursuant to the provisions of Title III, Chapter 5 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 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 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

ANNEX IX Benefits and agreements which allow the application of Article 54

I. Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed

A. BELGIUM

Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners

Benefits on insurance for self-employed persons against incapacity to work

Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Ruanda-Urundi

B. DENMARK

The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989

C. GREECE

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

D. SPAIN

Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants

E. FRANCE

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a)

F. IRELAND

Type A Invalidity Pension

G. NETHERLANDS.

The law of 18 February 1966 on invalidity insurance for employees, as amended (WAO)

The law of 24 April 1997 on invalidity insurance for self-employed persons, as amended (WAZ)

The law of 21 December 1995 on general insurance for surviving dependants (ANW)

H. FINLAND

National pensions to persons who are born disabled or become disabled at an early age (National Pensions Act 547/93)

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)

The additional amount of the child's pension in accordance with the Survivors Pension Act of 17 January 1969

I. SWEDEN

Earnings-related survivor's pension in the form of child's pension allowance and adjustment pension when the death occurred on 1 January 2003 or later when the deceased was born in 1938 or later (Act 2000:461)

II. Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date

A. GERMANY

Invalidity and survivors' pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

B. SPAIN

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such

C. ITALY

Italian pensions for total incapacity for work (inabilità)

D. LUXEMBOURG

Invalidity and survivors' pensions

E. FINLAND

Employment pensions for which account is taken of future periods according to the national legislation

F. SWEDEN

Sickness benefit and activity compensation in the form of guarantee benefit (Act 1962:381)

Survivor's pension calculated on the basis of assumed insurance periods (Act 2000:461 and 2000:462)

Old-age pension in the form of guarantee pension calculated on the basis of assumed periods previously counted (Act 1998:702)

III. Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times:

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg

Nordic Convention of 15 June 1992 on social security

ANNEX X Special non-contributory cash benefits (Article 70(2)(c))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.

ANNEX XI Special provisions for the application of the legislation of the Member States(Article 51(3). 56(1) and 83)

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.

(1)

Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.