Council Regulation (EC) No 1408/71 (repealed)Show full title

ANNEX IV (B) (11) (13) (15) U.K. (Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)

A. Legislations referred to in Article 37 (1) of the Regulation under which the amount of invalidity benefits is independent of the length of periods of insurance U.K.

A.

BELGIUM

(a)

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

(b)

Legislation on insurance for self-employed persons against incapacity to work.

(c)

Legislation relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Rwanda-Urundi.

B.

[F1 CZECH REPUBLIC

[F2 Full disability pension for persons whose total disability arose before reaching eighteen years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.).] ]

C.

[F3 DENMARK]

None.

D.

[F3 GERMANY]

None.

E.

[F1 ESTONIA

(a)

Invalidity pensions granted before 1 April 2000 under the State Allowances Act and which are retained under the State Pension Insurance Act.

(b)

National pensions granted on the basis of invalidity according to the State Pension Insurance Act.

(c)

Invalidity pensions granted according to the Defence Forces Service Act, Police Service Act, Prosecutor's Office Act, Status of Judges Act, Members of the Riigikogu Salaries, Pensions and Other Social Guarantees Act and President of the Republic Official Benefits Act.]

F.

[F1 GREECE

Legislation relating to the agricultural insurance scheme.]

G.

[F4 [F3 SPAIN]

Legislation relating to invalidity insurance under the general scheme and under the special schemes, except the special schemes for civil servants, the armed forces and the judicial administration.]

H.

[F3 FRANCE]

1.

Employed persons

All legislations on invalidity insurance, except for the legislation concerning the invalidity insurance of the social security scheme for miners.

2.

Self-employed persons

The legislation on invalidity insurance for persons self-employed in agriculture.

F.

[F5 . . . . .]

I.

[F6 [F3 IRELAND]

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

J.

[F3 ITALY]

None.

K.

[F1 CYPRUS

None.

L.

LATVIA

Article 16 (1) (2) of the Law on State Pensions of 1 January 1996 .

M.

LITHUANIA

None.]

N.

[F3 LUXEMBOURG]

None.

O.

[F1 HUNGARY

None.

P.

MALTA

None.]

Q.

[F3 THE NETHERLANDS]

(a)

The law of 18 February 1966 on insurance against incapacity for work, as amended.

(b)

[F6 Law of 24 April 1997 on insurance against incapacity for work by self-employed persons (WAZ), as amended]

R.

[F3 AUSTRIA]

None.

S.

[F1 POLAND

None.]

T.

[F3 PORTUGAL]

None.

U.

[F1 SLOVENIA

None.

V.

SLOVAKIA

None.]

W.

[F3 FINLAND]

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

X.

[F3 SWEDEN]

[F2 The legislation on earnings-related benefits for long‐term incapacity for work (Chapter 8 of Law 1962: 381 on General Insurance, as amended).]

Y.

[F3 UNITED KINGDOM]

(a)

Great Britain

Sections 15 and 36 of the Social Security Act 1975.

Sections 14, 15 and 16 of the Social Security Pensions Act 1975.

(b)

Northern Ireland

Sections 15 and 36 of the Social Security (Northern Ireland) Act 1975.

Articles 16, 17 and 18 of the Social security Pensions (Northern Ireland) Order 1975.

Textual Amendments

F1 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.

F2 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).

F3 Substituted 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.

F4 Inserted by Council Regulation (EC) No 1606/98 of 29 June 1998.

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 Inserted by Council Regulation (EC) No 1223/98 of 4 June 1998.

B. Special schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71 U.K.

A.

BELGIUM

None.

B.

[F1 CZECH REPUBLIC

None.]

C.

[F3 DENMARK]

None.

D.

[F3 GERMANY]

[F7 Farmers' old-age insurance (Alterssicherung der Landwirte).]

E.

[F1 ESTONIA

None.]

F.

[F1 GREECE

None.]

G.

[F3 SPAIN]

Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as described in Royal Decree No 2309 of 23 July 1970.

H.

[F3 FRANCE]

None.

F.

[F5 . . . . .]

I.

[F3 IRELAND]

None.

J.

[F3 ITALY]

[F7 Pension insurance schemes for (Assicurazione pensioni per):

• medical practitioners (medici)

• pharmacists (farmacisti)

• veterinarians (veterinari)

• nurses, medical auxiliaries, children's nurses (infermieri, assistenti sanitari, vigilatrici infanzia)

• psychologists (psicologi)

• engineers and architects (ingegneri ed architetti)

• surveyors (geometri)

• solicitors (avvocati)

• economists (dottori commercialisti)

• accountants and business experts (ragionieri e periti commerciali)

• employment consultants (consulenti del lavoro)

• notaries (notai)

• customs agents (spedizionieri doganali)

• biologists (biologi)

• agricultural technicians and scientists (agrotecnici e periti agrari)

• sales representatives (agenti e rappresentanti di commercio)

• journalists (giornalisti)

• industrial technicians (periti industriali)

• actuaries, chemists, agronomists, foresters, geologists (attuari, chimici, dottori agronomi, dottori forestali, geologi).]

K.

[F1 CYPRUS

None.

L.

LATVIA

None.

M.

LITHUANIA

None.]

N.

[F3 LUXEMBOURG]

None.

O.

[F1 HUNGARY

None.

P.

MALTA

None.]

Q.

[F3 THE NETHERLANDS]

None.

R.

[F3 AUSTRIA]

[F7 Pension schemes of pension institutions of liberal profession associations (Kammern der Freien Berufe).]

S.

[F1 POLAND

None.]

T.

[F3 PORTUGAL]

None.

U.

[F1 SLOVENIA

None.

V.

SLOVAKIA

None.]

W.

[F3 FINLAND]

None.

X.

[F3 SWEDEN]

None.

Y.

[F3 UNITED KINGDOM]

None.

Textual Amendments

F7 Substituted by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71.

C. Cases referred to in Article 46 (1) (b) of the Regulation where the calculation of benefit in accordance with Article 46 (2) of the Regulation may be waived U.K.

A.

BELGIUM

None.

B.

[F2 CZECH REPUBLIC

Invalidity (full and partial) and survivors' (widows', widowers' and orphans') pensions in cases where they are not derived from the old age pension to which the deceased would be entitled at the time of his death.]

C.

[F3 DENMARK]

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IV part D.

D.

[F3 GERMANY]

None.

E.

[F1 ESTONIA

[F2 All applications for invalidity, old age and survivors' pensions for which

• periods of insurance in Estonia have been completed up to 31 December 1998 ;

• the applicant's individually registered social tax, paid in accordance with Estonian legislation, is at least equal to the average social tax for the relevant year of insurance.] ]

F.

[F1 GREECE

None.]

G.

[F3 SPAIN]

None.

H.

[F3 FRANCE]

[F8 All applications for pension benefits or survivor's benefits under supplementary pension schemes for employees, with the exception of applications for old-age pensions or surviving partner's pensions under the supplementary pension scheme for flying personnel employed in civil aviation.]

F.

[F5 . . . . .]

I.

[F3 IRELAND]

[F6 All applications for retirement pensions, old age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension]

J.

[F3 ITALY]

Invalidity, retirement and survivors pensions for employed persons and for the following categories of self-employed persons: farmers farming directly, share-croppers, farmers, craftsmen and persons engaged in commercial activities.

K.

[F1 CYPRUS

All applications for old-age, invalidity and widows' and widowers' pensions.

L.

LATVIA

None.

M.

LITHUANIA

None.]

N.

[F3 LUXEMBOURG]

None.

O.

[F1 HUNGARY

Claims for old-age pension and invalidity pension when the applicant obtained at least 20 years of insurance in Hungary. Claims for survivors' benefits when the deceased person obtained a full pension exclusively under Hungarian law.

P.

MALTA

None.]

Q.

[F3 THE NETHERLANDS]

All applications for old-age pensions under the law of 31 May 1956 governing general old-age insurance, as amended.

R.

[F3 AUSTRIA]

None.

S.

[F1 POLAND

All applications for old-age, disability and survivors' pensions.]

T.

[F3 PORTUGAL]

Invalidity, old-age and widows' pensions.

U.

[F1 SLOVENIA

None.

V.

SLOVAKIA

None.]

W.

[F3 FINLAND]

None.

X.

[F3 SWEDEN]

All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.

Y.

[F3 UNITED KINGDOM]

All applications for retirement and widow's pension determined pursuant to the provisions of Title III, Chapter 3 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 of 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 46 (2) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

Textual Amendments

F8 Substituted by Regulation (EC) No 1386/2001 of the European Parliament and of the Council of 5 June 2001 amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (Text with EEA relevance).

[F3 D. Benefits and agreements referred to in Article 46b(2) of the Regulation U.K.

1. Benefits referred to in Article 46b(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed: U.K.

(a)

The invalidity benefits provided for by the legislation referred to in part A of this Annex.

(b)

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 at the latest.

(c)

The Estonian national pension granted according to the State Pension Insurance Act, old-age pensions granted according to the State Audit Act, Police Service Act and Prosecutor's Office Act and old-age and survivors' pensions granted according to the Legal Chancellor Act, Defence Forces Service Act, Status of Judges Act, Members of the Riigikogu Salaries, Pensions and Other Social Guarantees Act and President of the Republic Official Benefits Act.

(d)

The Spanish death allowances and survivors' pensions granted under the general and special schemes.

(e)

The widows' allowance under the widowhood insurance of the French general social security system or the agricultural workers' system.

(f)

The widowers' or widows' invalidity pension under the French general social security system or the agricultural workers' system, when calculated on the basis of the invalidity pension of a deceased spouse, paid in accordance with Article 46(1)(a)(i).

(g)

The Netherlands survivors' pension under the Law of 21 December 1995 on general insurance for surviving dependants.

(h)

Finnish 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) and the additional amount of the child's pension in accordance with the Survivors' Pension Act of 17 January 1969 .

(i)

The full Swedish basic pension awarded under the basic pension legislation which applied before 1 January 1993 and the full basic pension awarded under the transitional rules to the legislation applying from that date.

2. Benefits referred to in Article 46b(2)(b) of the Regulation, theamount of which is determined by reference to a creditedperiod deemed to have been completed between the date onwhich the risk materialised and a later date: U.K.

(a)

lDanish early-retirement pensions, the amount of which isdetermined in accordance with legislation in force before 1 October 1984 .

(b)

German invalidity and survivors' pensions, for whichaccount is taken of a supplementary period, and Germanold-age pensions, for which account is taken of asupplementary period already acquired.

(c)

Italian pensions for total incapacity for work (inabilità).

(d)

Latvian invalidity and survivors' pensions for which accountis taken of a credited period of insurance.

(e)

Lithuanian social insurance invalidity and survivors'pensions.

(f)

Luxembourg invalidity and survivors' pensions.

(g)

[F2 Slovak invalidity pension and survivors' pension derived therefrom.]

(h)

Finnish employment pensions for which account is taken offuture periods according to the national legislation.

(i)

Swedish invalidity and survivors' pensions for whichaccount is taken of a credited period of insurance andSwedish old-age pensions for which account is taken ofcredited periods already acquired.

3. Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to prevent the same credited period being taken intoaccount two or more times: U.K.

(a)

Nordic Convention of 15 June 1992 on social security.

(b)

The Social Security Agreement of 28 April 1997 betweenthe Federal Republic of Germany and Finland.]