Council Regulation (EC) No 1408/71 (repealed)Show full title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 ) (repealed)

ANNEX I (A) (B) (8) (9) (13) (14) (15)U.K.PERSONS COVERED BY THE REGULATION

I.Employed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation)U.K.

A.

BELGIUM

Does not apply.

B.

[F1CZECH REPUBLIC

Does not apply.]

C.

[F2DENMARK]

1.

Any person who, from the fact of pursuing an activity as an employed person, is subject:

(a)

to the legislation on accidents at work and occupational diseases for the period prior to 1 September 1977;

(b)

to the legislation on supplementary pensions for employed persons (arbejdsmarkedets tillægspension, ATP) for a period commencing on or after 1 September 1977, shall be considered as an employed person within the meaning of Article 1 (a) (ii) of the Regulation.

2.

Any person who, pursuant to the law on daily cash benefits in the event of sickness or maternity, is entitled to such benefits on the basis of an earned income other than a wage or salary shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

D.

[F2GERMANY]

If the competent institution for granting family benefits in accordance with Chapter 7 of Title III of the Regulation is a German institution, then within the meaning of Article 1 (a) (ii) of the Regulation:

(a)

‘employed person’ means compulsorily insured against unemployment or any person who, as a result of such insurance, obtains cash benefits under sickness insurance or comparable benefits [F3or any established civil servant in receipt of a salary in respect of his/her civil servant status which is at least equal to that which, in the case of an employed person, would result in compulsory insurance against unemployment];

(b)

‘self-employed person’ means any person pursuing self-employment which is bound:

  • to join, or pay contributions in respect of, an old-age insurance within a scheme for self-employed persons,

    or

  • to join a scheme within the framework of compulsory pension insurance.

E.

[F1ESTONIA

Does not apply.]

F.

[F1GREECE]

1.

Persons insured under the OGA scheme who pursue exclusively activities as employed persons or who are or have been subject to the legislation of another Member State and who consequently are or have been ‘employed persons’ within the meaning of Article 1 (a) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (iii) of the Regulation.

2.

For the purposes of granting the national family allowance, persons referred to in Article 1 (a) (i) and (iii) of the Regulation are considered as employed persons within the meaning of Article 1 (a) (ii) of the Regulation.

G.

[F2SPAIN]

Does not apply.

H.

[F2FRANCE]

If a French institution is the competent institution for the grant of family benefits in accordance with Title III, Chapter 7 of the Regulation:

1.

‘employed person’ within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who is compulsorily insured under the social security scheme in accordance with Article L 311-2 of the Social Security Code and who fulfils the minimum conditions regarding work or remuneration provided for in Article L 313-1 of the Social Security Code in order to benefit from cash benefits under sickness insurance, maternity and invalidity cover or the person who benefits from these cash benefits;

2.

‘self-employed person’ within the meaning of Article 1 (a) (ii) of the Regulation shall be deemed to mean any person who performs a self-employed activity and who is required to take out insurance and to pay old-age benefit contributions to a self-employed persons' scheme.

F.

[F4. . . . .]

I.

[F2IRELAND]

1.

Any person who is compulsorily or voluntarily insured pursuant to the provisions of [F5Sections 9, 21 and 49 of the Social Welfare (Consolidation) Act 1993] shall be considered an employed person within the meaning of Article 1 (a) (ii) of the Regulation.

2.

Any person who is compulsorily or voluntarily insured pursuant to the provisions of [F5Sections 17 and 21 of the Social Welfare (Consolidation) Act 1993] shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

J.

[F2ITALY]

Does not apply.

K.

[F1CYPRUS

Does not apply.

L.

LATVIA

Does not apply.

M.

LITHUANIA

Does not apply.

N.

LUXEMBOURG]

Does not apply.

O.

[F1HUNGARY

Does not apply.

P.

MALTA

Any person who is a self-employed person or a self-occupied person within the meaning of the Social Security Act (Cap. 318) 1987 shall be considered as a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

Q.

NETHERLANDS]

Any person pursuing an activity or occupation without a contract of employment shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

R.

[F2AUSTRIA]

Does not apply.

S.

[F1POLAND

Does not apply.

T.

PORTUGAL]

Does not apply.

U.

[F1SLOVENIA

Does not apply.

V.

SLOVAKIA

Does not apply.]

W.

[F2FINLAND]

Any person who is an employed or self-employed person within the meaning of the legislation on the Employment Pensions Scheme shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation.

X.

[F2SWEDEN]

Any person who is an employed or self-employed person within the meaning of the legislation on work injury insurance shall be considered respectively as employed or self-employed with the meaning of Article 1 (a) (ii) of the Regulation.

Y.

[F2UNITED KINGDOM]

Any person who is an ‘employed earner’ or a ‘self-employed earner’ within the meaning of the legislation of Great Britain or of the legislation of Northern Ireland shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation. Any person in respect of whom contributions are payable as an ‘employed person’ or a ‘self-employed person’ in accordance with the legislation of Gibraltar shall be regarded respectively as an employed person or a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.

Textual Amendments

II.Members of the family (Second sentence of Article 1 (f) of the Regulation)U.K.

A.

BELGIUM

Does not apply.

B.

[F1CZECH REPUBLIC

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, the expression ‘ member of the family ’ means a spouse and/or a dependent child as defined by the State Social Support Act No 117/1995 Sb.

C.

DENMARK]

For the purpose of determining a right to sickness or maternity benefits in kind existing pursuant to Articles 22 (1) (a) and 31 of the Regulation, the expression ‘member of the family’ shall mean:

1.

the spouse of an employed person, a self-employed person or other entitled persons under the terms of the Regulation, in so far as they are not themselves entitled persons under the terms of the Regulation;

or

2.

a child under 18 years of age in the care of someone who is an entitled person under the terms of the Regulation.

D.

[F2GERMANY]

Does not apply.

E.

[F1ESTONIA

Does not apply.]

F.

[F1GREECE]

Does not apply.

G.

[F2SPAIN]

Does not apply.

H.

[F6 [F2FRANCE]

For the purpose of determining entitlement to family allowances or family benefits, the term ‘ member of the family ’ means any person mentioned in Article L 512-3 of the Social Security Code.]

F.

[F4. . . . .]

I.

[F2IRELAND]

In order to determine the right to benefits in kind for sickness and maternity in application of the Regulation, the term ‘member of the family’ shall mean any person considered as being a dependent of an employed person or of a self-employed person for the application of the Health Acts of 1947 to 1970.

J.

[F2ITALY]

Does not apply.

K.

[F1CYPRUS

Does not apply.

L.

LATVIA

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter I of Title III of the Regulation, ‘ member of the family ’ means a spouse or a child under the age of 18.

M.

LITHUANIA

For the purpose of determining the right to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘ member of the family ’ means a spouse or a child under the age of 18 years.]

N.

[F2LUXEMBOURG]

Does not apply.

O.

[F1HUNGARY

Does not apply.

P.

MALTA

Does not apply.]

Q.

[F2NETHERLANDS]

Does not apply.

R.

[F2AUSTRIA]

Does not apply.

S.

[F1POLAND

Does not apply.]

T.

[F2PORTUGAL]

Does not apply.

U.

[F1SLOVENIA

Does not apply.

V.

SLOVAKIA

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘ member of the family ’ means a spouse and/or a dependent child as defined by the Act on child allowances and additional child allowances.]

W.

[F2FINLAND]

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘member of the family’ means a spouse or a child as defined by the Sickness Insurance Act.

X.

[F2SWEDEN]

For the purpose of determining entitlement to benefits in kind pursuant to the provisions of Chapter 1 of Title III of the Regulation, ‘member of the family’ means a spouse or a child under the age of 18.

Y.

[F2UNITED KINGDOM]

For the purpose of determining entitlement to benefits in kind the term ‘member of the family’ means:

1.

As regards the legislation of Great Britain and Northern Ireland:

(1)

a spouse, provided that:

(a)

that person, whether employed or self-employed, or another person entitled under the Regulation, is:

(i)

residing with the spouse;

or

(ii)

contributing to the maintenance of the spouse;

and

(b)

the spouse does not:

(i)

have earnings as an employed or self-employed person or income as a person entitled under the Regulation;

or

(ii)

receive a social security benefit or pension based on the spouse's own insurance;

(2)

a person having care of a child, provided that:

(a)

the employed or self-employed person or person entitled under the Regulation is:

(i)

living together with the person as though husband and wife; or

(ii)

contributing to the maintenance of the person;

and

(b)

the person does not:

(i)

have earnings as an employed or self-employed worker or income as a person entitled under the Regulation;

or

(ii)

receive a social security benefit or pension based on that person's own insurance;

(3)

a child in respect of whom that person, the employed or self-employed person, or another person entitled under the Regulation is or could be paid child-benefit.

2.

As regard the legislation of Gibraltar:

any person regarded as a dependent within the meaning of the Group Practice Scheme Ordinance, 1973.

Textual Amendments