Council Regulation (EC) No 1408/71 (repealed)Show full title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 ) (repealed)

Article 4 (10)U.K.Matters covered

1.This Regulation shall apply to all legislation concerning the following branches of social security:

(a)sickness and maternity benefits;

(b)invalidity benefits, including those intended for the maintenance or improvement of earning capacity;

(c)old-age benefits;

(d)survivors' benefits;

(e)benefits in respect of accidents at work and occupational diseases;

(f)death grants;

(g)unemployment benefits;

(h)family benefits.

2.This Regulation shall apply to all general and special social security schemes, whether contributory or non-contributory, and to schemes concerning the liability of an employer or shipowner in respect of the benefits referred to in paragraph 1.

[F12a. This Article shall apply to special non-contributory cash benefits which are provided under legislation which, because of its personal scope, objectives and/or conditions for entitlement has characteristics both of the social security legislation referred to in paragraph 1 and of social assistance.

‘ Special non-contributory cash benefits ’ means those:

(a) which are intended to provide either:

(i)

supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in paragraph 1, and which guarantee the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned;

or

(ii)

solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned,

and

(b) where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits provided to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone;

and

(c) which are listed in Annex IIa.]

2b.This Regulation shall not apply to the provisions in the legislation of a Member State concerning special non-contributory benefits, referred to in Annex II, Section III, the validity of which is confined to part of its territory.

3.The provisions of Title III of this Regulation shall not, however, affect the legislative provisions of any Member State concerning a shipowner's liability.

4.This Regulation shall not apply to social and medical assistance,to benefit schemes for victims of war or its consequences[F2].

Textual Amendments