Regulation (EC) No 883/2004 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

[X1 [F1Part 1: U.K. Cases in which the pro rata calculation shall be waived pursuant to Article 52(4)

DENMARK U.K.

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

IRELAND U.K.

All applications for state pension (transition), state pension (contributory), widow's (contributory) pension and widower’s (contributory) pension.

CYPRUS U.K.

All applications for old age, invalidity, widow’s and widower’s pensions.

LATVIA U.K.

(a)

All applications for invalidity pensions (Law on State Pensions of 1 January 1996 );

(b)

All applications for survivor’s pensions (Law on State pensions of 1 January 1996 ; Law on State funded pensions of 1 July 2001 ).

LITHUANIA U.K.

All applications for State social insurance survivor’s pensions calculated on the basis of the basic amount of survivor’s pension (Law on State Social Insurance Pensions).

NETHERLANDS U.K.

All applications for old-age pensions under the law on general old-age insurance (AOW).

AUSTRIA U.K.

(a)

All applications for benefits under the Federal Act of 9 September 1955 on General Social Insurance – ASVG, the Federal Act of 11 October 1978 on social insurance for self-employed persons engaged in trade and commerce – GSVG, the Federal Act of 11 October 1978 on social insurance for self-employed farmers – BSVG and the Federal Act of 30 November 1978 on social insurance for the self-employed in the liberal professions (FSVG);

(b)

All applications for invalidity pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004 ;

(c)

[F2All applications for survivors’ pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004 , with the exception of cases under Part 2;]

(d)

All applications for invalidity and survivors’ pensions of the Austrian Provincial Chambers of Physicians (Landesärztekammer) based on basic provision (basic and any supplementary benefit, or basic pension);

(e)

All applications for permanent occupational invalidity support and survivors’ support from the pension fund of the Austrian Chamber of Veterinary Surgeons;

(f)

All applications for benefits from occupational invalidity, widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A [F2;]

(g)

[F3All applications for benefits under the Notary Insurance Act of 3 February 1972 – NVG 1972.]

Textual Amendments

[F4POLAND U.K.

All applications for disability pensions, old-age under the defined benefits scheme and survivors' pensions, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 20 years for women and 25 years for men but the national periods of insurance are inferior to these limits (and not less than 15 years for women and 20 years for men), and the calculation is made under Articles 27 and 28 of the Act of 17 December 1998 (O.J. 2015, item 748).]

Textual Amendments

[F5PORTUGAL U.K.

All applications for invalidity, old-age and survivors' pension claims, except for the cases where the totalised periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years but the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Articles 32 and 33 of Decree-Law No 187/2007 of 10 May 2007 .]

Textual Amendments

SLOVAKIA U.K.

(a)

All applications for survivors’ pension (widow’s pension, widower’s and orphan’s pension) calculated according to the legislation in force before 1 January 2004 , the amount of which is derived from a pension formerly paid to the deceased;

(b)

All applications for pensions calculated pursuant to Act No 461/2003 Coll. on social security as amended.

[F4SWEDEN U.K.

(a)

Applications for an old-age pension in the form of a guaranteed pension (Chapters 66 and 67 of the Social Insurance Code).

(b)

Applications for an old-age pension in the form of a supplementary pension (Chapter 63 of the Social Insurance Code).]

UNITED KINGDOM U.K.

[F4All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows' and bereavement benefits, with the exception of those for which 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 another Member State; and one (or more) of the tax years was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

(ii)

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 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.] ]

Editorial Information

Textual Amendments