Council Regulation (EC) No 1408/71 (repealed)Show full title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

None.]

C.

[F2 [F3 CZECH REPUBLIC]

[F4 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.).] ]

D.

[F3 DENMARK]

None.

E.

[F3 GERMANY]

None.

F.

[F2 [F3 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.]

G.

[F2 [F3 GREECE]

Legislation relating to the agricultural insurance scheme.]

H.

[F5 [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.]

I.

[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.

[F6 . . . . .]

J.

[F7 [F3 IRELAND]

[F8 Part 2, Chapter 17, of the Social Welfare Consolidation Act 2005.] ]

K.

[F3 ITALY]

None.

L.

[F2 [F3 CYPRUS]

None.

M.

[F3 LATVIA]

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

N.

[F3 LITHUANIA]

None.]

O.

[F3 LUXEMBOURG]

None.

P.

[F2 [F3 HUNGARY]

None.

Q.

[F3 MALTA]

None.]

R.

[F3 THE NETHERLANDS]

(a)

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

(b)

[F7 Law of 24 April 1997 on insurance against incapacity for work by self-employed persons (WAZ), as amended.]

(c)

[F9 de Wet werk en inkomen naar arbeidsvermogen (the Work and Income according to Labour Capacity Act) (WIA) of 10 November 2005 .]

S.

[F3 AUSTRIA]

None.

T.

[F2 [F3 POLAND]

None.]

U.

[F3 PORTUGAL]

None.

V.

[F1 ROMANIA

None.]

W.

[F2 [F3 SLOVENIA]

None.

X.

[F10 [F3 SLOVAKIA]

Invalidity pension for a person who became invalid as a dependent child and who is always deemed to have fulfilled the required period of insurance (Article 70(2), Article 72(3) and Article 73(3) and (4) of Act No 461/2003 on social insurance, as amended).] ]

Y.

[F3 FINLAND]

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

Z.

[F3 SWEDEN]

[F4 The legislation on earnings-related benefits for long‐term incapacity for work (Chapter 8 of Law 1962: 381 on General Insurance, as amended).]

AA.

[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 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 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).

F5 Inserted by Council Regulation (EC) No 1606/98 of 29 June 1998.

F6 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.

F7 Inserted by Council Regulation (EC) No 1223/98 of 4 June 1998.

F8 Substituted by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 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).

F9 Inserted by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 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).

F10 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).

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 BULGARIA

None.]

C.

[F2 [F3 CZECH REPUBLIC]

None.]

D.

[F3 DENMARK]

None.

E.

[F3 GERMANY]

[F11 Farmers' old-age insurance (Alterssicherung der Landwirte).]

F.

[F2 [F3 ESTONIA]

None.]

G.

[F2 [F3 GREECE]

None.]

H.

[F10 [F3 SPAIN]

Scheme for lowering the retirement age of self-employed persons engaged in seafaring activities as described in Royal Decree No 2390/2004 of 30 December 2004 .]

I.

[F3 FRANCE]

None.

F.

[F6 . . . . .]

J.

[F3 IRELAND]

None.

K.

[F3 ITALY]

[F11 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).]

L.

[F2 [F3 CYPRUS]

None.

M.

[F3 LATVIA]

None.

N.

[F3 LITHUANIA]

None.]

O.

[F3 LUXEMBOURG]

None.

P.

[F2 [F3 HUNGARY]

None.

Q.

[F3 MALTA]

None.]

R.

[F3 THE NETHERLANDS]

None.

S.

[F3 AUSTRIA]

[F11 Pension schemes of pension institutions of liberal profession associations (Kammern der Freien Berufe).]

T.

[F2 [F3 POLAND]

None.]

U.

[F3 PORTUGAL]

None.

V.

[F1 ROMANIA

None.]

W.

[F2 [F3 SLOVENIA]

None.

X.

[F3 SLOVAKIA]

None.]

Y.

[F3 FINLAND]

None.

Z.

[F3 SWEDEN]

None.

AA.

[F3 UNITED KINGDOM]

None.

Textual Amendments

F11 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.

[F1 BULGARIA

All applications for pensions for periods of insurance and old age, invalidity pensions because of general disease, and survivors' pensions derived from the above mentioned pensions.]

C.

[F4 [F3 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.]

D.

[F3 DENMARK]

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

E.

[F3 GERMANY]

None.

F.

[F2 [F3 ESTONIA]

[F4 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.] ]

G.

[F2 [F3 GREECE]

None.]

H.

[F3 SPAIN]

None.

I.

[F3 FRANCE]

[F12 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.

[F6 . . . . .]

J.

[F3 IRELAND]

[F7 All applications for retirement pensions, old age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension]

K.

[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.

L.

[F2 [F3 CYPRUS]

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

M.

[F3 LATVIA]

None.

N.

[F3 LITHUANIA]

None.]

O.

[F3 LUXEMBOURG]

None.

P.

[F2 [F3 HUNGARY]

[F8 None.]

Q.

[F3 MALTA]

None.]

R.

[F3 THE NETHERLANDS]

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

S.

[F3 AUSTRIA]

1.

[F8 All applications for benefit under the Allgemeines Sozialversicherungsgesetz (Act on General Social Security) (ASVG), the Gewerbliches Sozialversicherungsgesetz (Act on Social Security for Persons Engaged in Industry) (GSVG) and the Bauern-Sozialversicherungsgesetz (Act on Social Security for Farmers) (BSVG), in so far as Articles 46b and 46c of the Regulation do not apply.

2.

All applications for the following benefits on the basis of a pension account under the Allgemeines Pensionsgesetz (Act on the General Pensions) (APG), in so far as Articles 46b and 46c of the Regulation do not apply:

(a)

old-age pensions;

(b)

invalidity pensions;

(c)

survivors' pensions, save that no increase of benefit is to be calculated on the basis of additional insurance months under Article 7(2) of the APG.]

T.

[F2 [F3 POLAND]

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

U.

[F3 PORTUGAL]

Invalidity, old-age and widows' pensions.

V.

[F1 ROMANIA

None.]

W.

[F2 [F3 SLOVENIA]

None.

X.

[F10 [F3 SLOVAKIA]

Survivor's pension (widow's, widower's and orphan's pension) the amount of which is derived from the old-age pension, pre-retirement old-age pension or invalidity pension formerly paid to the deceased.] ]

Y.

[F3 FINLAND]

None.

Z.

[F10 [F3 SWEDEN]

Income-based old-age pensions (Act 1998:674) and guarantee pensions in the form of old-age pensions (Act 1998:702).]

AA.

[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

F12 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).

[F13 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)

[F10 Swedish guarantee pension and guaranteed compensation which have replaced the full Swedish state pensions provided under the legislation on the state pension which applied before 1 January 1993 , the full state pension awarded under the transitional rules of the legislation applying from that date and Swedish income-related sickness compensation and activity compensation.]

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)

[F4 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)

[F10 Swedish sickness compensation and activity compensation in the form of guaranteed compensation (Act 1962:381, as amended by Act 2001:489), survivor's pension, as calculated on the basis of reckonable periods (Acts 2000:461 and 2000:462) and Swedish old-age pension in the form of guarantee pension calculated on the basis of previously credited periods (Act 1998:702).]

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)

[F10 Nordic Convention on Social Security of 18 August 2003 .]

(b)

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

(c)

[F14 Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg.] ]

Textual Amendments

F14 Inserted 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).

Textual Amendments

F13 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.