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

[X1ANNEX I U.K. ADVANCES OF MAINTENANCE PAYMENTS AND SPECIAL CHILDBIRTH AND ADOPTION ALLOWANCES (Article 1(z))

I. Advances of maintenance payments U.K.

[F1BELGIUM] U.K.

Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency within the federal public service, Finance Department

[F2BULGARIA U.K.

Maintenance payments made by the State under Article 92 of the Family Code]

[F1DENMARK] U.K.

Advance payment of child support laid down in the Act on Child Benefits

Advance payment of child support consolidated by Law No 765 of 11 September 2002

[F1GERMANY] U.K.

Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvorschussgesetz) of 23 July 1979

[F2ESTONIA U.K.

Maintenance allowances under the Maintenance Allowance Act of 21 February 2007

SPAIN U.K.

Advances of maintenance payments under the Royal Decree 1618/2007 of 7 December 2007]

[F1FRANCE] U.K.

Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision

[F3CROATIA U.K.

Temporary advances paid by Centres for Social Welfare on the basis of the obligation to provide temporary maintenance pursuant to the Family Act (OG 116/03, as amended)]

[F2LITHUANIA U.K.

Payments from the Children's Maintenance Fund under the Law on the Children’s Maintenance Fund.

LUXEMBOURG U.K.

Advances and recovery of maintenance payments within the meaning of the Act of 26 July 1980]

[F1AUSTRIA] U.K.

Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unterhaltsvorschussgesetz 1985 – UVG)

[F2POLAND U.K.

Benefits from the Alimony Fund under the Act of Assistance to the Persons Entitled to Alimony]

[F1PORTUGAL] U.K.

Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors)

[F2SLOVENIA U.K.

Maintenance replacement in accordance with the Act of Public Guarantee and Maintenance Fund of the Republic of Slovenia of 25 July 2006

SLOVAKIA U.K.

Substitute alimony benefit (substitute maintenance payment) pursuant to the Act No 452/2004 Coll. on substitute alimony benefit as amended by later regulations]

[F1FINLAND] U.K.

Maintenance allowance under the Security of Child Maintenance Act (671/1998)

[F1SWEDEN] U.K.

Maintenance allowance under the Maintenance Support Act (1996:1030)

II. Special childbirth and adoption allowances U.K.

[F1BELGIUM] U.K.

Childbirth allowance and adoption grant

[F2BULGARIA U.K.

Maternity lump sum allowance (Law on Family Allowances for Children)

CZECH REPUBLIC U.K.

Childbirth allowance

ESTONIA U.K.

[F1SPAIN U.K.

Single payment birth and adoption grants]

[F1FRANCE] U.K.

Birth or adoption grants as part of the ‘early childhood benefit’, [F2 except when they are paid to a person who remains subject to French legislation pursuant to Article 12 or Article 16]

[F3CROATIA U.K.

One-off cash benefit for a newborn child under the Maternity and Parental Benefits Act (OG 85/08, as amended)

One-off cash benefit for an adopted child under the Maternity and Parental Benefits Act (OG 85/08, as amended)

One-off cash benefits for a newborn child or an adopted child provided by regulations on local and regional self-government pursuant to Article 59 of the Maternity and Parental Benefits Act (OG 85/08, as amended)]

[F2LATVIA U.K.

LITHUANIA U.K.

Child lump sum grant]

[F1LUXEMBOURG] U.K.

Antenatal allowances

Childbirth allowances

[F2HUNGARY U.K.

Maternity grant

POLAND U.K.

Single payment birth grant (Act on Family Benefits)

ROMANIA U.K.

SLOVENIA U.K.

Childbirth grant

SLOVAKIA U.K.

[F1FINLAND] U.K.

Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act.

[F1ANNEX II U.K. PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY (Article 8(1))

General comments U.K.

It is to be noted that the provisions of bilateral conventions which do not fall within the scope of this Regulation and which remain in force between Member States are not listed in this Annex. This includes obligations between Member States arising from conventions providing, for example, for provisions regarding aggregation of insurance periods fulfilled in a third country. U.K.

Provisions of social security conventions remaining applicable:

BELGIUM-GERMANY U.K.

Articles 3 and 4 of the Final Protocol of 7 December 1957 to the General Convention of that date, as set out in the Complementary Protocol of 10 November 1960 (reckoning of insurance periods completed in some border regions before, during and after the Second World War).

BELGIUM-LUXEMBOURG U.K.

Convention of 24 March 1994 on social security for frontier workers (relating to the complementary flat rate reimbursement).

BULGARIA-GERMANY U.K.

Article 28(1)(b) of the Convention on social security of 17 December 1997 (maintenance of conventions concluded between Bulgaria and the former German Democratic Republic for persons who already received a pension before 1996).

[F3BULGARIA-CROATIA U.K.

Article 35(3) of the Convention on Social Security of 14 July 2003 (recognition of periods of insurance completed until 31 December 1957 at the expense of the contracting state in which the insured person resided on 31 December 1957 ).]

BULGARIA-AUSTRIA U.K.

Article 38(3) of the Convention on social security of 14 April 2005 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by that Convention.

BULGARIA-SLOVENIA U.K.

Article 32(2) of the Convention on Social Security of 18 December 1957 (reckoning of periods of insurance completed until 31 December 1957 ).

CZECH REPUBLIC-GERMANY U.K.

Article 39(1)(b) and (c) of the Convention on Social Security of 27 July 2001 (maintenance of the convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting States for persons who already received a pension for these periods on 1 September 2002 from the other contracting State, while residing in its territory).

CZECH REPUBLIC-CYPRUS U.K.

Article 32(4) of the Convention on Social Security of 19 January 1999 (determining competence for the calculation of periods of employment completed under the relevant Convention of 1976); the application of that provision remains restricted to the persons covered by it.

CZECH REPUBLIC-LUXEMBOURG U.K.

Article 52(8) of the Convention on Social Security of 17 November 2000 (reckoning of pension insurance periods for political refugees).

CZECH REPUBLIC-AUSTRIA U.K.

Article 32(3) of the Convention on social security of 20 July 1999 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

CZECH REPUBLIC-SLOVAKIA U.K.

Articles 12, 20 and 33 of the Convention on Social Security of 29 October 1992 (Article 12 determines competence for a grant of survivor's benefits; Article 20 determines competence for calculation of insurance periods completed until the day of dissolution of the Czech and Slovak Federal Republic; Article 33 determines competence for payment of pensions awarded before the day of the dissolution of the Czech and Slovak Federal Republic).

DENMARK-FINLAND U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).

DENMARK-SWEDEN U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).

GERMANY-SPAIN U.K.

Article 45(2) of the Social Security Convention of 4 December 1973 (representation by diplomatic and consular authorities).

GERMANY-FRANCE U.K.

[F3GERMANY-CROATIA U.K.

Article 41 of the Convention on Social Security of 24 November 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of that provision remains restricted to the persons covered by it.]

GERMANY-LUXEMBOURG U.K.

Articles 4, 5, 6 and 7 of the Convention of 11 July 1959 (reckoning of insurance periods completed between September 1940 and June 1946).

GERMANY-HUNGARY U.K.

Article 40(1)(b) of the Convention on social security of 2 May 1998 (maintenance of the convention concluded between the former German Democratic Republic and Hungary for persons who already received a pension before 1996).

GERMANY-NETHERLANDS U.K.

Articles 2 and 3 of Complementary Agreement No 4 of 21 December 1956 to the Convention of 29 March 1951 (settlement of rights acquired under the German social insurance scheme by Dutch workers between 13 May 1940 and 1 September 1945 ).

GERMANY-AUSTRIA U.K.

GERMANY-POLAND U.K.

GERMANY-ROMANIA U.K.

Article 28(1)(b) of the Convention on social security of 8 April 2005 (maintenance of the Convention concluded between the former German Democratic Republic and Romania for persons who already received a pension before 1996).

GERMANY-SLOVENIA U.K.

Article 42 of the Convention on social security of 24 September 1997 (settlement of rights acquired before 1 January 1956 under the social security scheme of the other contracting state); the application of that provision remains restricted to the persons covered by it.

GERMANY-SLOVAKIA U.K.

Article 29(1), second and third subparagraphs of the Agreement of 12 September 2002 (maintenance of the Convention concluded between the former Czechoslovak Republic and the former German Democratic Republic for persons who already received a pension before 1996; reckoning of periods of insurance completed in one of the contracting States for persons who already received a pension for these periods on 1 December 2003 from the other contracting State, while residing in its territory).

GERMANY-UNITED KINGDOM U.K.

IRELAND-UNITED KINGDOM U.K.

Article 19(2) of the Agreement of 14 December, 2004 on social security (concerning the transfer and reckoning of certain disability credits).

SPAIN-PORTUGAL U.K.

Article 22 of the General Convention of 11 June 1969 (export of unemployment benefits). This entry will remain valid for 2 years from the date of application of this Regulation.

[F3CROATIA-ITALY U.K.

CROATIA-HUNGARY U.K.

Article 43(6) of the Convention on Social Security of 8 February 2005 (recognition of periods of insurance completed until 29 May 1956 at the expense of the contracting state in which the insured person resided on 29 May 1956 ).

CROATIA-AUSTRIA U.K.

Article 35 of the Convention on Social Security of 16 January 1997 (reckoning of periods of insurance completed before 1 January 1956 ); the application of that provision remains restricted to the persons covered by it.

CROATIA-SLOVENIA U.K.

ITALY-SLOVENIA U.K.

LUXEMBOURG-PORTUGAL U.K.

Agreement of 10 March 1997 (on the recognition of decisions by institutions in one contracting party concerning the state of invalidity of applicants for pensions from institutions in the other contracting party).

LUXEMBOURG-SLOVAKIA U.K.

Article 50(5) of the Convention on Social Security of 23 May 2002 (reckoning of pension insurance periods for political refugees).

HUNGARY-AUSTRIA U.K.

Article 36(3) of the Convention on social security of 31 March 1999 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVENIA U.K.

Article 31 of the Convention on social security of 7 October 1957 (reckoning of periods of insurance completed before 29 May 1956 ); the application of that provision remains restricted to the persons covered by it.

HUNGARY-SLOVAKIA U.K.

Article 34(1) of the Convention on social security of 30 January 1959 (Article 34(1) of that Convention provides that the insurance periods awarded before the day of signing that Convention are the insurance periods of the contracting State on which territory the entitled person had a residence); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-POLAND U.K.

Article 33(3) of the Convention on social security of 7 September 1998 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-ROMANIA U.K.

Article 37(3) of the Agreement on social security of 28 October 2005 (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVENIA U.K.

Article 37 of the Convention on social security of 10 March 1997 (reckoning of periods of insurance completed before 1 January 1956 ); the application of that provision remains restricted to the persons covered by it.

AUSTRIA-SLOVAKIA U.K.

Article 34(3) of the Convention of 21 December 2001 on Social Security (reckoning of periods of insurance completed before 27 November 1961 ); the application of that provision remains restricted to the persons covered by it.

FINLAND-SWEDEN U.K.

Article 7 of the Nordic Convention on social security of 18 August 2003 (concerning coverage of extra travel expenses in case of sickness during stay in another Nordic country increasing the cost of return travel to the country of residence).]

[F1ANNEX III U.K. RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER (referred to in Article 18(2))

DENMARK

ESTONIA (this entry will be valid during the period referred to in Article 87(10a))

IRELAND

SPAIN (this entry will be valid during the period referred to in Article 87(10a))

[F3CROATIA]

ITALY (this entry will be valid during the period referred to in Article 87(10a))

LITHUANIA (this entry will be valid during the period referred to in Article 87(10a))

HUNGARY (this entry will be valid during the period referred to in Article 87(10a))

NETHERLANDS (this entry will be valid during the period referred to in Article 87(10a))

FINLAND

SWEDEN

UNITED KINGDOM]

ANNEX IV U.K. MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT MEMBER STATE (Article 27(2))

• BELGIUM

• [F2BULGARIA

• CZECH REPUBLIC]

• GERMANY

• GREECE

• SPAIN

• FRANCE

• [F2CYPRUS]

• [F4. . . . .]

• LUXEMBOURG

• [F2HUNGARY

• THE NETHERLANDS]

• AUSTRIA

• [F2POLAND

• SLOVENIA]

• SWEDEN

ANNEX V U.K. MORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS/HER MEMBER STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST) (Article 28(2))

• BELGIUM

• GERMANY

• SPAIN

• FRANCE

• LUXEMBOURG

• AUSTRIA

• PORTUGAL

ANNEX VI U.K. IDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO SPECIAL COORDINATION (Article 44(1))

[F2CZECH REPUBLIC U.K.

Full disability pension for persons whose total disability arose before reaching 18 years of age and who were not insured for the required period (Section 42 of the Pension Insurance Act No 155/1995 Coll.)

ESTONIA U.K.

[F2IRELAND U.K.

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

[F1GREECE] U.K.

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

[F3CROATIA U.K.

[F2LATVIA U.K.

Invalidity pensions (third group) under Article 16(1)(2) of the Law on State Pensions of 1 January 1996]

[F6HUNGARY U.K.

As from 1 January 2012 pursuant to the Act CXCI of 2011 on the benefits for persons with changed working capacity and amendments of certain other acts:

SLOVAKIA U.K.

Invalidity pension for a person who became invalid as a dependent child or during full-time doctoral studies while under the age of 26 years 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).]

F4IRLANDAU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1FINLAND U.K.

National Pensions to persons who are born disabled or become disabled at an early age (the National Pension Act, 568/2007);

Invalidity pensions determined according to transitional rules and awarded prior to 1 January 1994 (Act on Enforcement of the National Pensions Act, 569/2007).]

[F7SWEDEN U.K.

Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)]

[F7UNITED KINGDOM U.K.

Employment and Support Allowance (ESA)

Great Britain legislation: Part 1 of the Welfare Reform Act 2007.

Northern Ireland legislation: Part 1 of the Welfare Reform Act (Northern Ireland) 2007.]

ANNEX VII U.K. CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY (Article 46(3) of the Regulation)

[F1ANNEX VIII U.K. CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY (Article 52(4) and 52(5))

Part 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.

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.

[F7POLAND 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).]

[F9PORTUGAL 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 .]

SLOVAKIA U.K.

[F7SWEDEN U.K.

UNITED KINGDOM U.K.

[F7All 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 :]

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.

Part 2: U.K. Cases in which Article 52(5) applies

BULGARIA U.K.

Old age pensions from the Supplementary Compulsory Pension Insurance, under Part II, Title II, of the Social Insurance Code.

[F10CZECH REPUBLIC U.K.

Pensions paid from the Second Pillar scheme established by Act No 426/2011 Coll., on pension savings.]

[F6DENMARK U.K.

ESTONIA U.K.

Mandatory funded old-age pension scheme.

FRANCE U.K.

Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points.

[F3CROATIA U.K.

Pensions from the compulsory insurance scheme based on the individual capitalised savings according to the Compulsory and Voluntary Pension Funds Act (OG 49/99, as amended) and the Act on Pension Insurance Companies and Payment of Pensions Based on Individual Capitalised Savings (OG 106/99, as amended), except in the cases provided by Articles 47 and 48 of the Compulsory and Voluntary Pension Funds Act (invalidity pension based on general incapacity to work and survivor’s pension).]

LATVIA U.K.

Old-age pensions (Law on State pensions of 1 January 1996 ; Law on State funded pensions of 1 July 2001 ).

HUNGARY U.K.

Pension benefits based on membership of private pension funds.

AUSTRIA U.K.

POLAND U.K.

Old-age pensions under the defined contribution scheme.

[F12PORTUGAL U.K.

Supplementary pensions granted pursuant to Decree-Law No 26/2008 of 22 February 2008 (public capitalisation scheme).]

SLOVENIA U.K.

Pension from compulsory supplementary pension insurance.

SLOVAKIA U.K.

Mandatory old-age pension saving.

[F7SWEDEN U.K.

Old-age pension in the form of an income pension and a premium pension (Chapters 62 and 64 of the Social Insurance Code).]

UNITED KINGDOM U.K.

Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36.]

ANNEX IX U.K. BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 54

I. Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed U.K.

[F1BELGIUM] U.K.

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

Benefits on insurance for self-employed persons against incapacity to work

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

[F1DENMARK] U.K.

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

[F2IRELAND U.K.

Type A Invalidity pension]

[F1GREECE] U.K.

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

[F1SPAIN] U.K.

Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants

[F1FRANCE] U.K.

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a)

[F2LATVIA U.K.

Invalidity pensions (third group) under Article 16(1)(2) of the Law on State Pensions of 1 January 1996]

F4IRELANDU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1NETHERLANDS] U.K.

[F9Disability Insurance Act of 18 February 1966 , as amended (WAO)]

[F9Self-employed Persons Disablement Benefits Act of 24 April 1997 , as amended (WAZ)]

[F9General Surviving Relatives Act of 21 December 1995 (ANW)]

[F9The Work and Income according to Labour Capacity Act of 10 November 2005 (WIA)]

[F1FINLAND] U.K.

[F1National pensions to persons who are born disabled or become disabled at an early age (the National Pensions Act, 568/2007)

National pensions and spouse's pensions determined according to the transitional rules and awarded prior to the 1 of January 1994 (Act on Enforcement of the National Pensions Act, 569/2007)

The additional amount of child’s pension when calculating independent benefit according to the National Pension Act (the National Pension Act, 568/2007)]

[F7SWEDEN U.K.

Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code)

Guaranteed pension and guaranteed compensation which replaced the full state pensions provided under the legislation on the state pension which applied before 1 January 1993 , and the full state pension awarded under the transitional rules of the legislation applying from that date]

II. Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date U.K.

[F1GERMANY] U.K.

Invalidity and survivors' pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

[F1SPAIN] U.K.

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such

[F1ITALY] U.K.

Italian pensions for total incapacity for work (inabilità)

[F2LATVIA U.K.

Survivors' pension calculated on the basis of assumed insurance periods (Article 23(8) of the Law on State Pensions of 1 January 1996 )

LITHUANIA U.K.

[F1LUXEMBOURG] U.K.

Invalidity and survivors' pensions

[F2SLOVAKIA U.K.

[F1FINLAND] U.K.

Employment pensions for which account is taken of future periods according to the national legislation

[F7SWEDEN U.K.

Sickness compensation and activity compensation in the form of guarantee compensation (Chapter 35 of the Social Insurance Code)

Survivors' pension calculated on the basis of credited insurance periods (Chapters 76-85 of the Social Insurance Code)]

III. Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times: U.K.

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg

[F1Nordic Convention on social security of 18 August 2003]

[F1ANNEX X U.K. SPECIAL NON-CONTRIBUTORY CASH BENEFITS (Article 70(2)(c))

BELGIUM U.K.

BULGARIA U.K.

Social Pension for old age (Article 89 of the Social Insurance Code).

CZECH REPUBLIC U.K.

Social allowance (State Social Support Act No 117/1995 Sb.).

DENMARK U.K.

Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995 ).

GERMANY U.K.

ESTONIA U.K.

IRELAND U.K.

GREECE U.K.

Special benefits for the elderly (Law 1296/82).

SPAIN U.K.

FRANCE U.K.

ITALY U.K.

CYPRUS U.K.

LATVIA U.K.

LITHUANIA U.K.

LUXEMBOURG U.K.

Income for the seriously disabled (Article 1(2), Law of 12 September 2003 ), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment.

HUNGARY U.K.

MALTA U.K.

NETHERLANDS U.K.

AUSTRIA U.K.

Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG).

POLAND U.K.

Social pension (Act of 27 June 2003 on social pensions).

PORTUGAL U.K.

SLOVENIA U.K.

SLOVAKIA U.K.

FINLAND U.K.

SWEDEN U.K.

UNITED KINGDOM U.K.

[F1ANNEX XI U.K. SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES (Articles 51(3), 56(1) and 83)

BULGARIA U.K.

Article 33(1) of the Bulgarian Health Insurance Act shall apply to all persons for whom Bulgaria is the competent Member State under Chapter 1 of Title III of this Regulation.

CZECH REPUBLIC U.K.

For the purposes of defining members of the family according to Article 1(i), ‘ spouse ’ also includes registered partners as defined in the Czech act no. 115/2006 Coll., on registered partnership.

DENMARK U.K.

1.

2.

3. The temporary benefit for unemployed persons who have been admitted to the ledighedsydelse (flexible job' scheme) (Law No 455 of 10 June 1997 ) is covered by Title III, Chapter 6 of this Regulation. As regards unemployed persons going to another Member State, Articles 64 and 65 will be applicable when this Member State has similar employment schemes for the same category of persons. U.K.

4. Where the beneficiary of a Danish social pension is also entitled to a survivor’s pension from another Member State, these pensions for the implementation of Danish legislation shall be regarded as benefits of the same kind within the meaning of Article 53(1) of this Regulation, subject to the condition, however, that the person whose periods of insurance or of residence serve as the basis for the calculation of the survivor’s pension had also acquired a right to a Danish social pension. U.K.

GERMANY U.K.

1. Notwithstanding Article 5(a) of this Regulation and Article 5(4) point 1 of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who receives a full old-age pension under the legislation of another Member State may request to be compulsorily insured under the German pension insurance scheme. U.K.

[F142. Notwithstanding Article 5(a) of this Regulation and Article 7 of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who is compulsorily insured in another Member State or receives an old-age pension under the legislation of another Member State may join the voluntary insurance scheme in Germany.] U.K.

3. For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and §200(2) of the Reichsversicherungsordnung to insured persons who live in another Member State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he actually receives. U.K.

4. Nationals of other Member States whose place of residence or usual abode is outside Germany and who fulfil the general conditions of the German pension insurance scheme may pay voluntary contributions only if they had been voluntarily or compulsorily insured in the German pension insurance scheme at some time previously; this also applies to stateless persons and refugees whose place of residence or usual abode is in another Member State. U.K.

5. The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253 of the Sozialgesetzbuch VI (Volume VI of the Social Code) shall be determined exclusively with reference to German periods. U.K.

6. In cases where the German pension legislation, in force on 31 December 1991 , is applicable for the recalculation of a pension, only the German legislation applies for the purposes of crediting German Ersatzzeiten (substitute periods). U.K.

7. The German legislation on accidents at work and occupational diseases to be compensated for under the law governing foreign pensions and on benefits for insurance periods which can be credited under the law governing foreign pensions in the territories named in paragraph 1(2)(3) of the Act on affairs of displaced persons and refugees (Bundesvertriebenengesetz) continues to apply within the scope of application of this Regulation, notwithstanding the provisions of paragraph 2 of the Act on foreign pensions (Fremdrentengesetz). U.K.

8. For the calculation of the theoretical amount referred to in Article 52(1)(b)(i) of this Regulation, in pension schemes for liberal professions, the competent institution shall take as a basis, in respect of each of the years of insurance completed under the legislation of any other Member State, the average annual pension entitlement acquired during the period of membership of the competent institution through the payment of contributions. U.K.

ESTONIA U.K.

For the purpose of calculating parental benefits, periods of employment in Member States other than Estonia shall be considered to be based on the same average amount of Social Tax as paid during the periods of employment in Estonia with which they are aggregated. If during the reference year the person has been employed only in other Member States, the calculation of the benefit shall be considered to be based on the average Social Tax paid in Estonia between the reference year and the maternity leave.

IRELAND U.K.

1. Notwithstanding Articles 21(2) and 62 of this Regulation, for the purposes of calculating the prescribed reckonable weekly earnings of an insured person for the grant of sickness or unemployment benefit under Irish legislation, an amount equal to the average weekly wage of employed persons in the relevant prescribed year shall be credited to that insured person in respect of each week of activity as an employed person under the legislation of another Member State during that prescribed year. U.K.

2. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, Ireland shall, for the purposes of Section 118(1)(a) of the Social Welfare Consolidation Act 2005, take account of any periods during which, in respect of the invalidity that followed that incapacity for work, he/she would have been regarded as being incapable of work under Irish legislation. U.K.

GREECE U.K.

1. Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme for Greek nationals and foreign nationals of Greek origin is applicable to nationals of other Member States, stateless persons and refugees, where the persons concerned, regardless of their place of residence or stay, have at some time in the past been compulsorily or voluntarily affiliated to the Greek pension insurance scheme. U.K.

2. Notwithstanding Article 5(a) of this Regulation and Article 34 of Law 1140/1981, a person who receives a pension in respect of accidents at work or occupational diseases under the legislation of another Member State may request to be compulsorily insured under the legislation applied by OGA, to the extent that he/she pursues an activity falling within the scope of that legislation. U.K.

SPAIN U.K.

1. For the purposes of implementing Article 52(1)(b)(i) of this Regulation, the years which the worker lacks to reach the pensionable or compulsory retirement age as stipulated under Article 31(4) of the consolidated version of the Ley de Clases Pasivas del Estado (Law on State Pensioners) shall be taken into account as actual years of service to the State only if at the time of the event in respect of which invalidity or death pensions are due, the beneficiary was covered by Spain’s special scheme for civil servants or was performing an activity assimilated under the scheme, or if, at the time of the event in respect of which the pensions are due, the beneficiary was performing an activity that would have required the person concerned to be included under the State’s special scheme for civil servants, the armed forces or the judiciary, had the activity been performed in Spain. U.K.

2.

3. Periods completed in other Member States which must be calculated in the special scheme for civil servants, the armed forces and the judicial administration, will be treated in the same way, for the purposes of Article 56 of this Regulation, as the periods closest in time covered as a civil servant in Spain. U.K.

4. The additional amounts based on age referred to in the Second Transitional Provision of the General Law on Social Security shall be applicable to all beneficiaries of the Regulation who have contributions to their name under the Spanish legislation prior to 1 January 1967 ; it shall not be possible, by application of Article 5 of this Regulation, to treat periods of insurance credited in another Member State prior to the aforementioned date as being the same as contributions paid in Spain, solely for the present purposes. The date corresponding to 1 January 1967 shall be 1 August 1970 for the Special Scheme for Seafarers and 1 April 1969 for the Special Social Security Scheme for Coal Mining. U.K.

FRANCE U.K.

F151.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

2. For persons receiving benefits in kind in France pursuant to Articles 17, 24 or 26 of this Regulation who are resident in the French departments of Haut-Rhin, Bas-Rhin or Moselle, benefits in kind provided on behalf of the institution of another Member State which is responsible for bearing their cost include benefits provided by both the general sickness insurance scheme and the obligatory supplementary local sickness insurance scheme of Alsace-Moselle. U.K.

3. French legislation applicable to a person engaged, or formerly engaged, in an activity as an employed or self-employed person for the application of Chapter 5 of Title III of this Regulation includes both the basic old-age insurance scheme(s) and the supplementary retirement scheme(s) to which the person concerned was subject. U.K.

CYPRUS U.K.

For the purpose of applying the provisions of Articles 6, 51 and 61 of this Regulation, for any period commencing on or after 6 October 1980 , a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.

MALTA U.K.

Special provisions for civil servants

NETHERLANDS U.K.

1. Health care insurance U.K.

2. Application of the Algemene Ouderdomswet (AOW) [F14(General Old Age Pensions Act)] U.K.

3. Application of the Algemene nabestaandenwet (ANW) [F14(General Surviving Relatives Act)] U.K.

4. Application of Dutch legislation relating to incapacity for work U.K.

AUSTRIA U.K.

1. For the purpose of acquiring periods in the pension insurance, attendance at a school or comparable educational establishment in another Member State shall be regarded as equivalent to attendance at a school or educational establishment pursuant to Articles 227(1)(1) and 228(1)(3) of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Security Act), Article 116(7) of the Gewerbliches Sozialversicherungsgesetz (GSVG) (Federal Act on Social Insurance for Persons engaged in Trade and Commerce) and Article 107(7) of the Bauern-Sozialversicherungsgesetz (BSVG) (Social Security Act for Farmers), when the person concerned was subject at some time to Austrian legislation on the grounds that he pursued an activity as an employed or self-employed person, and the special contributions provided for under Article 227(3) of the ASVG, Article 116(9) of the GSVG and Article 107(9) of the BSGV for the purchase of such periods of education, are paid. U.K.

2. For the calculation of the pro rata benefit referred to in Article 52(1)(b) of this Regulation, special increments for contributions for supplementary insurance and the miners’ supplementary benefit under Austrian legislation shall be disregarded. In these cases the pro rata benefit calculated without those contributions shall, if appropriate, be increased by unreduced special increments for contributions for supplementary insurance and the miners’ supplementary benefit. U.K.

3. Where pursuant to Article 6 of this Regulation substitute periods under an Austrian pension insurance scheme have been completed, but these cannot form a basis for calculation pursuant to Articles 238 and 239 of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Security Act), Articles 122 and 123 of the Gewerbliches Sozialversicherungsgesetz (GSVG) (Federal Act on Social Insurance for Persons engaged in Trade and Commerce) and Articles 113 and 114 of the Bauern-Sozialversicherungsgesetz (BSVG) (Social Security Act for Farmers), the calculation basis for periods of childcare pursuant to Article 239 of the ASVG, Article 123 of the GSVG and Article 114 of the BSVG shall be used. U.K.

FINLAND U.K.

1. For the purposes of determining entitlement and of calculating the amount of the Finnish national pension under Articles 52 to 54 of this Regulation, pensions acquired under the legislation of another Member State are treated in the same way as pensions acquired under Finnish legislation. U.K.

2. When applying Article 52(1)(b)(i) of this Regulation for the purpose of calculating earnings for the credited period under Finnish legislation on earnings-related pensions, where an individual has pension insurance periods based on activity as an employed or self-employed person in another Member State for part of the reference period under Finnish legislation, the earnings for the credited period shall be equivalent to the sum of earnings obtained during the part of the reference period in Finland, divided by the number of months for which there were insurance periods in Finland during the reference period. U.K.

SWEDEN U.K.

1. When parental leave allowance is paid under Article 67 of this Regulation to a member of the family who is not employed, the parental leave allowance is paid at a level corresponding to the basic or lowest level. U.K.

2. For the purpose of calculating parental leave allowance in accordance with Chapter 4, paragraph 6 of the Lag (1962:381) om allmän försäkring (the National Insurance Act) for persons eligible for a work-based parental leave allowance, the following shall apply: U.K.

For a parent for whom sickness benefit generating income is calculated on the basis of income from gainful employment in Sweden, the requirement to have been insured for sickness benefit above the minimum level for at least 240 consecutive days preceding the child’s birth shall be satisfied if, during the period mentioned, the parent had income from gainful employment in another Member State corresponding to insurance above the minimum level.

3. The provisions of this Regulation on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guarantee pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Act 2000:798). U.K.

4. For the purpose of calculating income for notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 8 of the Lag (1962:381) om allmän försäkring (the National Insurance Act), the following shall apply: U.K.

5.

UNITED KINGDOM U.K.

1. Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if: U.K.

2. For the purposes of applying Article 6 of this Regulation to the provisions governing entitlement to attendance allowance, carer’s allowance and disability living allowance, a period of employment, self-employment or residence completed in the territory of a Member State other than the United Kingdom shall be taken into account in so far as is necessary to satisfy conditions as to required periods of presence in the United Kingdom, prior to the day on which entitlement to the benefit in question first arises. U.K.

3. For the purposes of Article 7 of this Regulation, in the case of invalidity, old-age or survivors’ cash benefits, pensions for accidents at work or occupational diseases and death grants, any beneficiary under United Kingdom legislation who is staying in the territory of another Member State shall, during that stay, be considered as if he resided in the territory of that other Member State. U.K.

4. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity while subject to the legislation of another Member State, the United Kingdom shall, for the purposes of Section 30A (5) of the Social Security Contributions and Benefits Act 1992, take account of any periods during which the person concerned has received, in respect of that incapacity for work: U.K.

In applying this provision, account shall only be taken of periods during which the person would have been incapable of work within the meaning of United Kingdom legislation.

5.