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)

[X1Article 1 U.K. Definitions

For the purposes of this Regulation:

(a)

‘ activity as an employed person ’ means any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists;

(b)

‘ activity as a self-employed person ’ means any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists;

(c)

‘ insured person ’ , in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, taking into account the provisions of this Regulation;

(d)

‘ civil servant ’ means a person considered to be such or treated as such by the Member State to which the administration employing him/her is subject;

(e)

‘ special scheme for civil servants ’ means any social security scheme which is different from the general social security scheme applicable to employed persons in the Member State concerned and to which all, or certain categories of, civil servants are directly subject;

(f)

‘ frontier worker ’ means any person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he/she returns as a rule daily or at least once a week;

(g)

‘ refugee ’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 ;

(h)

‘ stateless person ’ shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954 ;

(i)

‘ member of the family ’ means:

1.
(i)

any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which benefits are provided;

(ii)

with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;

2.

if the legislation of a Member State which is applicable under subparagraph 1 does not make a distinction between the members of the family and other persons to whom it is applicable, the spouse, minor children, and dependent children who have reached the age of majority shall be considered members of the family;

3.

if, under the legislation which is applicable under subparagraphs 1 and 2, a person is considered a member of the family or member of the household only if he/she lives in the same household as the insured person or pensioner, this condition shall be considered satisfied if the person in question is mainly dependent on the insured person or pensioner;

(j)

‘ residence ’ means the place where a person habitually resides;

(k)

‘ stay ’ means temporary residence;

(l)

‘ legislation ’ means, in respect of each Member State, laws, regulations and other statutory provisions and all other implementing measures relating to the social security branches covered by Article 3(1);

This term excludes contractual provisions other than those which serve to implement an insurance obligation arising from the laws and regulations referred to in the preceding subparagraph or which have been the subject of a decision by the public authorities which makes them obligatory or extends their scope, provided that the Member State concerned makes a declaration to that effect, notified to the President of the European Parliament and the President of the Council of the European Union. Such declaration shall be published in the Official Journal of the European Union ;

(m)

‘ competent authority ’ means, in respect of each Member State, the Minister, Ministers or other equivalent authority responsible for social security schemes throughout or in any part of the Member State in question;

(n)

‘ Administrative Commission ’ means the commission referred to in Article 71;

(na)

‘ [F1European Labour Authority ’ means the body established by Regulation (EU) 2019/1149 of the European Parliament and of the Council (1) and referred to in Article 74a;]

(o)

‘ Implementing Regulation ’ means the Regulation referred to in Article 89;

(p)

‘ institution ’ means, in respect of each Member State, the body or authority responsible for applying all or part of the legislation;

(q)

‘ competent institution ’ means:

(i)

the institution with which the person concerned is insured at the time of the application for benefit;

or

(ii)

the institution from which the person concerned is or would be entitled to benefits if he/she or a member or members of his/her family resided in the Member State in which the institution is situated;

or

(iii)

the institution designated by the competent authority of the Member State concerned;

or

(iv)

in the case of a scheme relating to an employer's obligations in respect of the benefits set out in Article 3(1), either the employer or the insurer involved or, in default thereof, the body or authority designated by the competent authority of the Member State concerned;

(r)

‘ institution of the place of residence ’ and ‘ institution of the place of stay ’ mean respectively the institution which is competent to provide benefits in the place where the person concerned resides and the institution which is competent to provide benefits in the place where the person concerned is staying, in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Member State concerned;

(s)

‘ competent Member State ’ means the Member State in which the competent institution is situated;

(t)

‘ period of insurance ’ means periods of contribution, employment or self-employment as defined or recognised as periods of insurance by the legislation under which they were completed or considered as completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance;

(u)

‘ period of employment ’ or ‘ period of self-employment ’ mean periods so defined or recognised by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or to periods of self-employment;

(v)

‘ period of residence ’ means periods so defined or recognised by the legislation under which they were completed or considered as completed;

(va)

[F2‘ Benefits in kind ’ means:

(i)

for the purposes of Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits), benefits in kind provided for under the legislation of a Member State which are intended to supply, make available, pay directly or reimburse the cost of medical care and products and services ancillary to that care. This includes long-term care benefits in kind;

(ii)

for the purposes of Title III, Chapter 2 (accidents at work and occupational diseases), all benefits in kind relating to accidents at work and occupational diseases as defined in point (i) above and provided for under the Member States' accidents at work and occupational diseases schemes;]

(w)

‘ pension ’ covers not only pensions but also lump-sum benefits which can be substituted for them and payments in the form of reimbursement of contributions and, subject to the provisions of Title III, revaluation increases or supplementary allowances;

(x)

‘ pre-retirement benefit ’ means: all cash benefits, other than an unemployment benefit or an early old-age benefit, provided from a specified age to workers who have reduced, ceased or suspended their remunerative activities until the age at which they qualify for an old-age pension or an early retirement pension, the receipt of which is not conditional upon the person concerned being available to the employment services of the competent State; ‘ early old-age benefit ’ means a benefit provided before the normal pension entitlement age is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit;

(y)

‘ death grant ’ means any one-off payment in the event of death excluding the lump-sum benefits referred to in subparagraph w;

(z)

‘ family benefit ’ means all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I.]

Editorial Information

Textual Amendments

(1)

[X1 [F1Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 ( OJ L 186, 11.7.2019, p. 21 ).] ]

Editorial Information

Textual Amendments