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Council Regulation (EEC) No 1945/93Show full title

Council Regulation (EEC) No 1945/93 of 30 June 1993 amending 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, Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 and Regulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71

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Article 2U.K.

Regulation (EEC) No 574/72 is hereby amended as follows:

1.

the following paragraph shall be added to Article 10:

3.Where family benefits are due, over the same period and for the same member of the family, from two Member States pursuant to Articles 73 and/or 74 of the Regulation, the competent institution of the Member State with legislation providing for the highest levels of benefit shall pay the full amount of such benefit and be reimbursed half this sum by the competent institution of the other Member State up to the limit of the amount provided for in the legislation of the latter Member State.;

2.

in Annex 1, Section ‘B. DENMARK’, point 3, the terms ‘Indenrigsministeren (Minister of the Interior)’ shall be replaced by the terms ‘Sundhedsministeren (Minister of Health)’;

3.

Annex 2 shall be amended as follows:

(a)

in ‘C. GERMANY’:

(i)

point 2 (a) (ii) shall be replaced by the following:

‘(ii)

If the last contribution was paid into the pension insurance scheme for clerical staff:

  • if no contribution was paid into the Seekasse (Mariners' Insurance Fund), Hamburg, or if the last contribution was not paid to the Bundesbahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

    Bundesversicherungsanstalt fur Angestellte (Federal Insurance Office for Clerical Staff), Berlin;

  • if a contribution was paid into the Seekasse (Rentenversicherung der Arbeiter oder der Angestellten) (Mariners' Insurance Fund (pension insurance scheme for manual workers or clerical staff)), Hamburg:

    Seekasse (Mariners' Insurance Fund), Hamburg;

  • if the last contribution was paid to the Bundesbahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

    Bundesbahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main.;

(ii)

point 2 (b) (ii) shall be replaced by the following:

‘(ii)

If the last contribution was paid into the pension insurance scheme for clerical staff:

  • if no contribution was paid into the Seekasse (Mariners' Insurance Fund), Hamburg, or if the last contribution was not paid to the Bundesversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

    Bundesversicherungsanstalt fur Angestellte (Federal Insurance Office for Clerical Staff), Berlin;

  • if a contribution was paid into the Seekasse (Rentenversicherung der Arbeiter oder der Angestellten) (Mariners' Insurance Fund (Pension insurance scheme for manual workers or clerical staff)), Hamburg:

    Seekasse (Mariners' Insurance Fund), Hamburg;

  • if the last contribution was paid to the Bundesbahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

    Bundesbahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main.;

(b)

in ‘D. SPAIN’ the following point shall be added:

3.For non-contributory old-age and invalidity pensions:

Instituto Nacional de Servicios Sociales, (National Social Services Institute), Madrid.;

(c)

in ‘G. IRELAND’, point 2 shall be replaced by the following:

2. Cash benefits

(a)

Unemployment benefits:

Department of Social Welfare, Dublin, including the provisional offices responsible for unemployment benefits.

(b)

Old-age and death (pensions):

Department of Social Welfare, Pensions Services Office, Sligo.

(c)

Family benefits:

Department of Social Welfare, Child Benefit Section, St Oliver Plunkett Road, Letterkenny, Co. Donegal.

(d)

Other cash benefits:

Department of Social Welfare, Dublin;

(d)

in ‘J. NETHERLANDS’:

(i)

point 3 (a) shall be replaced by the following:

‘(a)

general scheme:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

(ii)

point 5 (c) shall be replaced by the following:

‘(c)

other cases:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

(iii)

point 6 (a) shall be replaced by the following:

‘(a)

where the benefit is awarded from a date prior to 1 July 1967:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

4.

Annex 3 shall be amended as follows:

(a)

in ‘B. DENMARK’, point 1 (e), ‘Socialministeriet (Ministry of Social Affairs)’ shall be replaced by ‘Sundhedsministeriet (Ministry of Health)’;

(b)

in ‘G. IRELAND’ point 2 shall be replaced by the following:

2. Cash benefits

(a)

Unemployment benefits:

Department of Social Welfare, Dublin, including the provincial offices responsible for unemployment benefits.

(b)

Old-age and death (pensions):

Department of Social Welfare, Pensions Services Office, Sligo.

(c)

Family benefits:

Department of Social Welfare, Child Benefit Section, St Oliver Plunkett Road, Letterkenny, Co. Donegal.

(d)

Other cash benefits:

Department of Social Welfare, Dublin;

(c)

in ‘J. NETHERLANDS’ point 3 (a) shall be replaced by the following:

‘(a)

as a general rule:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

(d)

in ‘L. UNITED KINGDOM’:

(i)

point 2 shall be replaced by the following:

2. Cash benefits (except for family benefits)

Great Britain:Department of Social Security, Benefits Agency, Overseas Branch, Newcastle upon Tyne, NE98 1YX.
Northern Ireland:Department of Health and Social Services, Northern Ireland Social Security Agency, Overseas Branch, Belfast, BT1 1DX.
Gibraltar:Department of Labour and Social Security, Gibraltar.;
(ii)

point 3 shall be replaced by the following:

3. Family benefits

For the purposes of applying Articles 73 and 74 of the Regulation:

Great Britain:Department of Social Security, Benefits Agency, Child Benefit Centre, Newcastle upon Tyne, NE88 1AA.
Northern Ireland:Department of Health and Social Services, Northern Ireland Social Security Agency, Child Benefit Office, Belfast, BT1 ISA.
Gibraltar:Department of Labour and Social Security, Gibraltar;
5.

Annex 4 shall be amended as follows:

(a)

in ‘B. DENMARK’:

1.

point 1 shall be replaced by:

1.

(a)

Sickness, maternity and birth benefits in kind:

Sundhedsministeriet (Ministry of Health), København;

(b)

Sickness, maternity and birth benefits in cash:

Socialministeriet (Ministry of Social Affairs), København;

2.

in point 6, the terms ‘Socialministeriet (Ministry of Social Affairs)’ shall be replaced by the terms ‘Sundhedsministeriet (Ministry of Health)’;

(b)

in ‘D. SPAIN’, the following point shall be added:

4. For non-contributory old-age and invalidity pensions:

Instituto Nacional de Servicios Sociales (National Social Services Institute), Madrid.;

(c)

in ‘G. IRELAND’, point 2 shall be replaced by the following:

2. Cash benefits:

(a)

Old-age and death (pensions):

Department of Social Welfare, Pensions Services Office, Sligo.

(b)

Family benefits:

Department of Social Welfare, Child Benefit Section, St Oliver Plunkett Road, Letterkenny, Co. Donegal.

(c)

other cash benefits:

Department of Social Welfare, Dublin;

(d)

in ‘J. NETHERLANDS’, point 2 (a) shall be replaced by the following:

‘(a)

as a general rule:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen.;

(e)

‘L. UNITED KINGDOM’, shall be replaced by the following:

L.UNITED KINGDOM

Great Britain:

(a)contributions and benefits in kind for posted workers:

Department of Social Security, Contributions Agency, Overseas Contributions, Newcastle upon Tyne, NE98 1YX.

(b)all other questions:

Department of Social Security, Benefits Agency, Overseas Branch, Newcastle upon Tyne, NE98 1YX.
Northern Ireland:Department of Health and Social Services, Northern Ireland Social Security Agency, Overseas Branch, Belfast, BT1 1DX.
Gibraltar:Department of Social Security, Benefits Agency, Overseas Branch, Newcastle upon Tyne, NE98 1YX’;
6.

Annex 5 shall be amended as follows:

(a)

in ‘7. BELGIUM — ITALY’ point (e) shall be replaced by the following:

‘(e)

The exchange of letters of 10 December 1991 and 10 February 1992 concerning the reimbursement of reciprocal claims under Article 93 of the implementing Regulation.;

(b)

‘14. DENMARK — FRANCE’ shall be replaced by the following:

14.DENMARK — FRANCE

The Agreement of 29 June 1979 waiving the reimbursement of benefits in kind in respect of sickness, maternity and accidents at work, with the exception of benefits granted pursuant to Articles 28, 28a, 29 (1) and 31 of the Regulation, the Agreement of 29 June 1979 waiving the reimbursement of unemployment benefits and the Agreement of 29 June 1979 waiving the reimbursement of the costs of administrative checks and medical examinations.;

(c)

‘40. FRANCE — IRELAND’ shall be replaced by the following:

40.FRANCE — IRELAND

The exchange of letters of 30 July and 26 September 1980 concerning reciprocal waiver of the reimbursement of unemployment benefits (Article 70 (3) of the Regulation).;

(d)

in ‘41. FRANCE — ITALY’, point (b) shall be replaced by the following:

‘(b)

The exchange of letters of 14 May and 2 August 1991 concerning the terms for settling reciprocal claims under Article 93 of the implementing Regulation.;

(e)

in ‘43. FRANCE — NETHERLANDS’, point (a) shall be deleted;

(f)

in ‘45. FRANCE — UNITED KINGDOM’, point (b) shall be deleted;

7.

in Annex 6, heading ‘F. GREECE’ shall be replaced by the following:

F.GREECE

Direct payment;

8.

in Annex 8, second and third lines, the figure ‘(1)’ shall be deleted;

9.

Annex 10 shall be amended as follows:

(a)

in ‘B. DENMARK’:

1.

point 1 shall be replaced by the following:

‘1.

For the purposes of applying Article 11 (1), Article 11a (1), Article 12a, Article 13 (2) and (3) and Article 14 (1), (2) and (3) of the implementing Regulation:

Socialministeriet (Ministry of Social Affairs), København.

For the purposes of applying Article 113 (2) of the implementing Regulation:

Sundhedsministeriet (Ministry of Health), København;

2.

in point 6 (a), ‘Socialministeriet (Ministry of Social Affairs)’ shall be replaced by ‘Sundhedsministeriet (Minstry of Health)’;

3.

in point 7:

(i)

point (a) shall be replaced by the following:

‘(a)

benefits under Chapter 1 and 5 of Title III of the Regulation:

Sundhedsministeriet (Ministry of Health), København;

(b)

benefits under Chapters 2, 3, 7 and 8 of Title III of the Regulation:

Socialministeriet (Ministry of Social Affairs), København;

(ii)

points (b) and (c) shall become points (c) and (d);

(b)

‘L. UNITED KINGDOM’ shall be replaced by the following:

L.UNITED KINGDOM

1.For the purposes of applying Articles 14c, 14d (3) and 17 of the Regulation and Articles 6 (1), 11 (1), 11a (1), 12a, 13 (2) and (3), 14 (1), (2) and (3), and Articles 80 (2), 81, 82 (2) and 109 of the implementing Regulation:

Great Britain:Department of Social Security, Contributions Agency, Overseas Contributions, Newcastle upon Tyne, NE98 1YX.
Northern Ireland:Department of Health and Social Services, Northern Ireland Social Security Agency, Overseas Branch, Belfast, BT1 1DX.

2.For the purposes of applying Articles 36 and 63 of the Regulation and Articles 8, 38 (1), 70 (1), 91 (2), 102 (2), 110 and 113 (2) of the implementing Regulation:

Great Britain:Department of Social Security, Benefits Agency, Overseas Branch, Newcastle upon Tyne, NE98 1YX.
Northern Ireland: (except for Articles 36 and 63 of the Regulation and Article 102 (2) and Article 113 (2) of the implementing Regulation, for which see the section for Great Britain):Department of Health and Social Services, Northern Ireland Social Security Agency, Overseas Branch, Belfast, BT1 1DX.

3.For the purposes of applying Article 85 (2), Article 86 (2) and Article 89 (1) of the implementing Regulation:

Great Britain:Department of Social Security, Benefits Agency, Child Benefit Centre, Newcastle upon Tyne, NE88 1AA.
Northern Ireland:Department of Health and Social Services, Northern Ireland Social Security Agency, Child Benefit Office, Belfast BT1 1SA.

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