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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of their families moving within the Community (8) (9) (10) (11) (Consolidated version — OJ No L 28 of 30.1.1997, p. 1) (repealed)

EU Regulation No 1408/1971 · Adopted 14 June 1971 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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(Consolidated version — OJ No L 28 of 30.1.1997, p. 1) (repealed)

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Annotations to the whole text

Textual amendments

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Regulation repealed (with savings) (20.5.2004) before IP completion day by Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, Arts. 90, 91; and Regulation, so far as it is still in force, revoked (31.12.2020) by The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1508), regs. 1(3), 3(c) (with savings in Pt. 3 relating to the co-ordination of benefits in kind, reciprocal debt recovery etc., social security co-ordination with Gibraltar and also relating to the up-rating of state pension and the aggregation of relevant periods for the purpose of granting state pension); and revoked (S.) (31.12.2020 in relation to devolved social security matters) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 7(c) (with reg. 6); and Regulation amended (31.12.2020), in so far as it is still in force, by The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), reg. 1(1), Sch. 1 (as amended by S.I. 2020/1348, reg. 6); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

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Regulation: power to amend conferred (14.11.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), ss. 6(1)-(3), 9(4); S.I. 2020/1279, reg. 2(b)

Contents

  1. Title I: GENERAL PROVISIONS Repealed
  2. 1 (10) (15)Definitions Repealed
  3. 2Persons covered Repealed
  4. 3Equality of treatment Repealed
  5. 4 (10)Matters covered Repealed
  6. 5 (10)Declarations by the Member States on the scope of this Regulation Repealed
  7. 6Social security conventions replaced by this Regulation. Repealed
  8. 7International provisions not affected by this Regulation Repealed
  9. 8Conclusion of conventions between Member States Repealed
  10. 9Admission to voluntary or optional continued insurance Repealed
  11. 9aProlongation of the reference period Repealed
  12. 10Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions Repealed
  13. 10a (10)Special non-contributory benefits Repealed
  14. 11Revalorization of benefits Repealed
  15. 12 (9) (11)Prevention of overlapping of benefits Repealed
  16. Title II: DETERMINATION OF THE LEGISLATION APPLICABLE Repealed
  17. 13 (9)General rules Repealed
  18. 14Special rules applicable to persons, other than mariners, engaged in paid employment Repealed
  19. 14aSpecial rules applicable to persons, other than mariners, who are selfemployed Repealed
  20. 14bSpecial rules application to mariners Repealed
  21. 14c (5)Special rules applicable to persons who are simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State Repealed
  22. 14d (5)Miscellaneous provisions Repealed
  23. 14eSpecial rules applicable to persons insured in a special scheme for civil servants who are simultaneously employed and/or self-employed in the territory of one or more other Member States Repealed
  24. 14fSpecial rules applicable to civil servants simultaneously employed in more than one Member State and insured in one of these States in a special scheme Repealed
  25. 15Rules concerning voluntary insurance or optional continued insurance Repealed
  26. 16Special rules regarding persons employed by diplomatic missions and consular posts, and auxiliary staff of the European Communities Repealed
  27. 17 (9)Exceptions to Articles 13 to 16 Repealed
  28. 17a (9)Special rules concerning recipients of pensions due under the legislation of one or more Member State Repealed
  29. Title III: SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS Repealed
  30. Chapter I: SICKNESS AND MATERNITY Repealed
  31. Common provisions Repealed
  32. 18Aggregation of periods of insurance, employment or residence Repealed
  33. Employed or self-employed persons and members of their families Repealed
  34. 19Residence in a Member State other than the competent State — General rules Repealed
  35. 20Frontier workers and members of their families — Special rules Repealed
  36. 21Stay in or transfer of residence to the competent State Repealed
  37. 22Stay outside the competent State — Return to or transfer of residence to another Member State during sickness or maternity — Need to go to another Member State in order to receive appropriate treatment Repealed
  38. 22aSpecial rules for certain categories of persons Repealed
  39. 22b (15)Employment in a Member State other than the competent State — Stay in the State of employment Repealed
  40. 22cArticle 22c Repealed
  41. 23 (a)Calculation of cash benefits Repealed
  42. 24Substantial benefits in kind Repealed
  43. Unemployed persons and members of their families Repealed
  44. 25Article 25 Repealed
  45. 25a (12)Contributions payable by wholly unemployed persons Repealed
  46. Pension claimants and members of their families Repealed
  47. 26Right to benefits in kind in cases of cessation of the right to benefits from the institution which was last competent Repealed
  48. Pensioners and members of their families Repealed
  49. 27Pensions payable under the legislation of several States where there is a right to benefits in the country of residence Repealed
  50. 28Pensions payable under the legislation of one or more States, in cases where there is no right to benefits in the country of residence Repealed
  51. 28aPensions payable under the legislation of one or more of the Member States other than the country of residence where there is a right to benefits in the latter country Repealed
  52. 29Residence of members of the family in a State other than the one in which the pensioner resides — Transfer of residence to the State where the pensioner resides Repealed
  53. 30Substantial benefits in kind Repealed
  54. 31Stay of a pensioner and/or members of his family in a Member State other than the State in which they reside Repealed
  55. 32 (15)Article 32 (15) Repealed
  56. 33 (7)Contributions payable by pensioners Repealed
  57. 34General provisions Repealed
  58. Persons who study or receive vocational training and members of their families Repealed
  59. 34aSpecial provisions for students and members of their families Repealed
  60. 34bCommon provisions Repealed
  61. Miscellaneous provisions Repealed
  62. 35Scheme applicable where there are a number of schemes in the country of residence or stay — Previous illness — Maximum period during which benefits are granted Repealed
  63. Reimbursement between institutions Repealed
  64. 36 (15)Article 36 (15) Repealed
  65. Chapter 2 (11): INVALIDITY Repealed
  66. Employed persons or self-employed persons subject only to legislation under which the amount of invalidity benefits its independent of the duration of the periods of insurance Repealed
  67. 37 (11)General provisions Repealed
  68. 38 (11)Consideration of periods of insurance or of residence completed under the legislation to which an employed person or a self-employed person was subject for the acquisition, retention or recovery of the right to benefits Repealed
  69. 39 (11)(14)Award of benefits Repealed
  70. Employed persons or self-employed persons subject either only to legislation under which the amount of invalidity benefit depends on the duration of periods of insurance or residence or the legislation of this type and of the type referred to in Section 1 Repealed
  71. 40 (11)General provisions Repealed
  72. Aggravation of invalidity Repealed
  73. 41 (11)Article 41 (11) Repealed
  74. Resumption of provision of benefits after suspension or withdrawal — Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39 Repealed
  75. 42 (11)Determination of the institution responsible for the provision of benefits where provision of invalidity benefits is resumed Repealed
  76. 43 (11)Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39 Repealed
  77. Persons covered by a special scheme for civil servants Repealed
  78. 43aArticle 43a Repealed
  79. Chapter 3 (11): OLD AGE AND DEATH (PENSIONS) Repealed
  80. 44 (11)General provisions for the award of benefits where an employed or selfemployed person has been subject to the legislation of two or more Member States Repealed
  81. 45 (11) (14)Consideration of periods of insurance or of residence completed under the legislations to which an employed person or self-employed person was subject, for the acquisition, retention or recovery of the right to benefits Repealed
  82. 46 (11)Award of benefits Repealed
  83. 46a (11)General provisions relating to reduction, suspension or withdrawal applicable to benefits in respect of invalidity, old age or survivors under the legislations of the Member States Repealed
  84. 46b (11)Special provisions applicable in the case of overlapping of benefits of the same kind under the legislation of two or more Member States Repealed
  85. 46c (11)Special provisions applicable in the case of overlapping of one or more benefits referred to in Article 46a (1) with one or more benefits of a different kind or with other income, where two or more Member States are concerned Repealed
  86. 47 (11)Additional provisions for the calculation of benefits Repealed
  87. 48 (11)Periods of insurance or of residence of less than one year Repealed
  88. 49 (11) (15)Calculation of benefits where the person concerned does not simultaneously satisfy the conditions laid down by all the legislations under which periods of insurance or of residence have been completed or when he has expressly requested a postponement of the award of old-age benefits Repealed
  89. 50 (11)Award of a supplement where the total of benefits payable under the legislations of the various Member States does not amount to the minimum laid down by the legislation of the State in whose territory the recipient resides Repealed
  90. 51 (11)Revalorization and recalculation of benefits Repealed
  91. 51aPersons covered by a special scheme for civil servants Repealed
  92. Chapter 4: ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES Repealed
  93. Right to benefits Repealed
  94. 52Residence in a Member State other than the competent State — General rules Repealed
  95. 53Frontier workers — Special rule Repealed
  96. 54Stay in or transfer of residence to the competent State Repealed
  97. 55Stay outside the competent State — Return to or transfer of residence to another Member State after sustaining an accident or contracting an occupational disease — Need to go to another Member State in order to receive appropriate treatment Repealed
  98. 56Accidents while travelling Repealed
  99. 57 (7)Benefits for an occupational disease where the person concerned has been exposed to the same risk in several Member States Repealed
  100. 58Calculation of cash benefits Repealed
  101. 59Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease Repealed
  102. Aggravation of an occupational disease for which the benefit has been awarded Repealed
  103. 60 (7) (11)Article 60 (7) (11) Repealed
  104. Miscellaneous provisions Repealed
  105. 61Rules for taking into account the special features of certain legislations Repealed
  106. 62Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits Repealed
  107. Reimbursements between institutions Repealed
  108. 63Article 63 Repealed
  109. Students Repealed
  110. 63aArticle 63a Repealed
  111. Chapter 5: DEATH GRANTS Repealed
  112. 64Aggregation of periods of insurance or residence Repealed
  113. 65Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State Repealed
  114. 66Provision of benefits in the event of the death of a pensioner who had resided in a Member State other than the one whose institution was responsible for providing benefits in kind Repealed
  115. 66aStudents Repealed
  116. Chapter 6: UNEMPLOYMENT BENEFITS Repealed
  117. Common provisions Repealed
  118. 67Aggregation of periods of insurance or employment Repealed
  119. 68Calculation of benefits Repealed
  120. Unemployed persons going to a Member State other than the competent State Repealed
  121. 69Conditions and limits for the retention of the right to benefits Repealed
  122. 70Provision of benefits and reimbursements Repealed
  123. Unemployed persons who, during their last employment, were residing in a Member State other than the competent State Repealed
  124. 71Article 71 Repealed
  125. Persons covered by a special scheme for civil servants Repealed
  126. 71aArticle 71a Repealed
  127. Chapter 7 (8): FAMILY BENEFITS Repealed
  128. 72 (8)Aggregation of periods of insurance, employment or self-employment Repealed
  129. 72a (9) (14)Employed persons who have become fully unemployed Repealed
  130. 73 (8)Employed or self-employed persons the members of whose families reside in a Member State other than the competent State Repealed
  131. 74 (8)Unemployed persons the members of whose families reside in a Member State other than the competent State Repealed
  132. 75 (8)Provisions of benefits Repealed
  133. 76 (8)Rules or priority in cases of overlapping entitlement to family benefits under the legislation of the competent State and under the legislation of the Member State of residence of the members of the family Repealed
  134. 76aStudents Repealed
  135. Chapter 8: BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS Repealed
  136. 77Dependent children of pensioners Repealed
  137. 78Orphans Repealed
  138. 78aArticle 78a Repealed
  139. 79 (7)Provisions common to benefits for dependent children of pensioners and for orphans Repealed
  140. 79aProvisions relating to benefits for orphans entitled to benefits under a special scheme for civil servants Repealed
  141. Title IV: ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS Repealed
  142. 80Composition and working methods Repealed
  143. 81Tasks of the Administrative Commission Repealed
  144. Title V: ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS Repealed
  145. 82 (B)Establishment, composition and working methods Repealed
  146. 83Tasks of the Advisory Committee Repealed
  147. Title VI: MISCELLANEOUS PROVISIONS Repealed
  148. 84 (7)Cooperation between competent authorities Repealed
  149. 84aRelations between the institutions and the persons covered by this Regulation. Repealed
  150. 85Exemptions from or reductions of taxes — Exemption from authentication Repealed
  151. 86 (14)Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State Repealed
  152. 87Medical examinations Repealed
  153. 88Transfers from one Member State to another of sums of money payable pursuant to this Regulation Repealed
  154. 89Special procedures for implementing certain legislations Repealed
  155. 90 (8)Article 90 (8) Repealed
  156. 91Contributions chargeable to employers or undertakings not established in the competent State Repealed
  157. 92Collection of contributions Repealed
  158. 93Rights of institutions responsible for benefits against liable third parties Repealed
  159. Title VII: TRANSITIONAL AND FINAL PROVISIONS Repealed
  160. 94 (7) (8) (11) (12)Transitional provisions for employed persons Repealed
  161. 95 (6) (12)Transitional provisions for self-employed persons Repealed
  162. 95a (11)Transitional provisions for application of Regulation (EEC) No 1248/92 Repealed
  163. 95b (14)Transitional provisions for application of Regulation (EEC) No 1247/92 Repealed
  164. 95cTransitional provisions for application of Regulation (EC) No 1606/98 Repealed
  165. 95dTransitional provisions applicable to students Repealed
  166. 95eTransitional provisions for application of Regulation (EC) No 1399/1999 Repealed
  167. 95fTransitional provisions relating to Annex II, section I, under the headings ‘D. GERMANY’ and ‘R. AUSTRIA’. Repealed
  168. 95gArticle 95g Repealed
  169. 96Agreements relating to reimbursement between institutions Repealed
  170. 97Notification pursuant to certain provisions Repealed
  171. 98Implementing Regulation Repealed
  172. Annex I (A) (B) (8) (9) (13) (14) (15): PERSONS COVERED BY THE REGULATION Repealed
  173. IEmployed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation) Repealed
  174. IIMembers of the family (Second sentence of Article 1 (f) of the Regulation) Repealed
  175. Annex II (A) (B) (8) (10) (15): (Article 1 (j) and (u) of the Regulation) Repealed
  176. ISpecial schemes for self-employed persons excluded from the scope of the Regulation pursuant to the fourth subparagraph of Article 1 (j) Repealed
  177. IISpecial childbirth or adoption allowances excluded from the scope of the Regulation under the terms of Article 1 (u) (i) Repealed
  178. IIISpecial non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation Repealed
  179. Annex IIa: SPECIAL NON-CONTRIBUTORY CASH BENEFITS Repealed
  180. ABELGIUM Repealed
  181. BBULGARIA Repealed
  182. CCZECH REPUBLIC Repealed
  183. DDENMARK Repealed
  184. EGERMANY Repealed
  185. FESTONIA Repealed
  186. GGREECE Repealed
  187. HSPAIN Repealed
  188. IFRANCE Repealed
  189. JIRELAND Repealed
  190. KITALY Repealed
  191. LCYPRUS Repealed
  192. MLATVIA Repealed
  193. NLITHUANIA Repealed
  194. OLUXEMBOURG Repealed
  195. PHUNGARY Repealed
  196. QMALTA Repealed
  197. RNETHERLANDS Repealed
  198. SAUSTRIA Repealed
  199. TPOLAND Repealed
  200. UPORTUGAL Repealed
  201. VROMANIA Repealed
  202. WSLOVENIA Repealed
  203. XSLOVAKIA Repealed
  204. YFINLAND Repealed
  205. ZSWEDEN Repealed
  206. AAUNITED KINGDOM Repealed
  207. Annex III (A) (B) (6) (7) (12) (14) (15)PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING APPLICABLE NOTWITHSTANDING ARTICLE 6 OF THE REGULATION — PROVISIONS OF SOCIAL SECURITY CONVENTIONS WHICH DO NOT APPLY TO ALL PERSONS TO WHOM THE REGULATION APPLIES Repealed
  208. AProvisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation.(Article 7 (2) (c) of the Regulation) Repealed
  209. BProvisions of Conventions which do not apply to all persons to whom the Regulations applies (Article 3 (3) of the Regulation) Repealed
  210. Annex IV (B) (11) (13) (15): (Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation) Repealed
  211. ALegislations 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 Repealed
  212. BSpecial schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71 Repealed
  213. CCases 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 Repealed
  214. Benefits and agreements referred to in Article 46b(2) of the Regulation Repealed
  215. 1Benefits 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: Repealed
  216. 2Benefits 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: Repealed
  217. 3Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to prevent the same credited period being taken intoaccount two or more times: Repealed
  218. Annex V (15)CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY Repealed
  219. Annex VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15: SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES Repealed
  220. ABELGIUM Repealed
  221. BBULGARIA Repealed
  222. CCZECH REPUBLIC Repealed
  223. DDENMARK Repealed
  224. EGERMANY Repealed
  225. FESTONIA Repealed
  226. GGREECE Repealed
  227. HSPAIN Repealed
  228. IFRANCE Repealed
  229. JIRELAND Repealed
  230. KITALY Repealed
  231. LCYPRUS Repealed
  232. MLATVIA Repealed
  233. NLITHUANIA Repealed
  234. OLUXEMBOURG Repealed
  235. PHUNGARY Repealed
  236. QMALTA Repealed
  237. RNETHERLANDS Repealed
  238. SAUSTRIA Repealed
  239. TPOLAND Repealed
  240. UPORTUGAL Repealed
  241. VROMANIA Repealed
  242. WSLOVENIA Repealed
  243. XSLOVAKIA Repealed
  244. YFINLAND Repealed
  245. ZSWEDEN Repealed
  246. AAUNITED KINGDOM Repealed
  247. Annex VIIINSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES Repealed
  248. Annex VIII: (Article 78a of the Regulation) Repealed
  249. ABELGIUM Repealed
  250. BBULGARIA Repealed
  251. CCZECH REPUBLIC Repealed
  252. DDENMARK Repealed
  253. EGERMANY Repealed
  254. FESTONIA Repealed
  255. GGREECE Repealed
  256. HSPAIN Repealed
  257. IFRANCE Repealed
  258. FGREECE Repealed
  259. JIRELAND Repealed
  260. KITALY Repealed
  261. LCYPRUS Repealed
  262. MLATVIA Repealed
  263. NLITHUANIA Repealed
  264. OLUXEMBOURG Repealed
  265. PHUNGARY Repealed
  266. QMALTA Repealed
  267. RNETHERLANDS Repealed
  268. SAUSTRIA Repealed
  269. TPOLAND Repealed
  270. UPORTUGAL Repealed
  271. VROMANIA Repealed
  272. WSLOVENIA Repealed
  273. XSLOVAKIA Repealed
  274. YFINLAND Repealed
  275. ZSWEDEN Repealed
  276. UNITED KINGDOM Repealed
  277. 1Great Britain and Northern Ireland Repealed
  278. 2Gibraltar Repealed
  279. Attachment Repealed
  280. ADivision A Repealed
  281. BDivision B Repealed