Council Regulation (EC) No 1408/71 (repealed)Show full title

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

A.

BELGIUM

Does not apply.

B.

[F1 BULGARIA

Does not apply.]

C.

[F2 [F3 CZECH 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.

D.

[F3 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.

E.

[F3 GERMANY]

Does not apply.

F.

[F2 [F3 ESTONIA]

Does not apply.]

G.

[F3 GREECE]

Does not apply.

H.

[F3 SPAIN]

Does not apply.

I.

[F4 [F3 FRANCE]

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.

[F5 . . . . .]

J.

[F3 IRELAND]

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.

K.

[F3 ITALY]

Does not apply.

L.

[F2 [F3 CYPRUS]

Does not apply.

M.

[F3 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.

N.

[F3 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.]

O.

[F3 LUXEMBOURG]

Does not apply.

P.

[F2 [F3 HUNGARY]

Does not apply.

Q.

[F3 MALTA]

Does not apply.]

R.

[F6 [F3 NETHERLANDS]

For the purpose of determining entitlement to benefits pursuant to Chapters 1 and 4 of Title III of this Regulation, ‘ member of the family ’ means a spouse, registered partner or child under the age of 18.]

S.

[F3 AUSTRIA]

Does not apply.

T.

[F2 [F3 POLAND]

Does not apply.]

U.

[F3 PORTUGAL]

Does not apply.

V.

[F1 ROMANIA

For the purposes 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, a dependent parent, a child under the age of 18 (or under the age of 26 and dependent).]

W.

[F2 [F3 SLOVENIA]

Does not apply.

X.

[F7 [F3 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 Allowance.] ]

Y.

[F3 FINLAND]

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.

Z.

[F3 SWEDEN]

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.

AA.

[F3 UNITED 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

F1 Inserted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania.

F2 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

F3 Substituted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania.

F4 Inserted by Council Regulation (EC) No 1290/97 of 27 June 1997.

F5 Deleted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

F6 Substituted by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Text with EEA relevance).

F7 Substituted by Regulation (EC) No 629/2006 of the European Parliament and of the Council of 5 April 2006 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (Text with EEA relevance).