Council Regulation (EC) No 1408/71 (repealed)Show full title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 ) (repealed)

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.

[F3 [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