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of their families moving within the Community (8) (9) (10) (11) (Consolidated version — OJ No L 28 of 30.1.1997, p. 1) (repealed)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
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(Consolidated version — OJ No L 28 of 30.1.1997, p. 1) (repealed)
C1F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations to the whole text
Textual amendments
- F1
Regulation repealed (with savings) (20.5.2004) before IP completion day by Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, Arts. 90,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
- C1
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
- Title I: GENERAL PROVISIONS Repealed
- 1 (10) (15)Definitions Repealed
- 2Persons covered Repealed
- 3Equality of treatment Repealed
- 4 (10)Matters covered Repealed
- 5 (10)Declarations by the Member States on the scope of this Regulation Repealed
- 6Social security conventions replaced by this Regulation. Repealed
- 7International provisions not affected by this Regulation Repealed
- 8Conclusion of conventions between Member States Repealed
- 9Admission to voluntary or optional continued insurance Repealed
- 9aProlongation of the reference period Repealed
- 10Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions Repealed
- 10a (10)Special non-contributory benefits Repealed
- 11Revalorization of benefits Repealed
- 12 (9) (11)Prevention of overlapping of benefits Repealed
- Title II: DETERMINATION OF THE LEGISLATION APPLICABLE Repealed
- 13 (9)General rules Repealed
- 14Special rules applicable to persons, other than mariners, engaged in paid employment Repealed
- 14aSpecial rules applicable to persons, other than mariners, who are selfemployed Repealed
- 14bSpecial rules application to mariners Repealed
- 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
- 14d (5)Miscellaneous provisions Repealed
- 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
- 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
- 15Rules concerning voluntary insurance or optional continued insurance Repealed
- 16Special rules regarding persons employed by diplomatic missions and consular posts, and auxiliary staff of the European Communities Repealed
- 17 (9)Exceptions to Articles 13 to 16 Repealed
- 17a (9)Special rules concerning recipients of pensions due under the legislation of one or more Member State Repealed
- Title III: SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS Repealed
- Chapter I: SICKNESS AND MATERNITY Repealed
- Common provisions Repealed
- 18Aggregation of periods of insurance, employment or residence Repealed
- Employed or self-employed persons and members of their families Repealed
- 19Residence in a Member State other than the competent State — General rules Repealed
- 20Frontier workers and members of their families — Special rules Repealed
- 21Stay in or transfer of residence to the competent State Repealed
- 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
- 22aSpecial rules for certain categories of persons Repealed
- 22b (15)Employment in a Member State other than the competent State — Stay in the State of employment Repealed
- 22cArticle 22c Repealed
- 23 (a)Calculation of cash benefits Repealed
- 24Substantial benefits in kind Repealed
- Unemployed persons and members of their families Repealed
- 25Article 25 Repealed
- 25a (12)Contributions payable by wholly unemployed persons Repealed
- Pension claimants and members of their families Repealed
- 26Right to benefits in kind in cases of cessation of the right to benefits from the institution which was last competent Repealed
- Pensioners and members of their families Repealed
- 27Pensions payable under the legislation of several States where there is a right to benefits in the country of residence Repealed
- 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
- 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
- 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
- 30Substantial benefits in kind Repealed
- 31Stay of a pensioner and/or members of his family in a Member State other than the State in which they reside Repealed
- 32 (15)Article 32 (15) Repealed
- 33 (7)Contributions payable by pensioners Repealed
- 34General provisions Repealed
- Persons who study or receive vocational training and members of their families Repealed
- 34aSpecial provisions for students and members of their families Repealed
- 34bCommon provisions Repealed
- Miscellaneous provisions Repealed
- 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
- Reimbursement between institutions Repealed
- 36 (15)Article 36 (15) Repealed
- Chapter 2 (11): INVALIDITY Repealed
- 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
- 37 (11)General provisions Repealed
- 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
- 39 (11)(14)Award of benefits Repealed
- 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
- 40 (11)General provisions Repealed
- Aggravation of invalidity Repealed
- 41 (11)Article 41 (11) Repealed
- 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
- 42 (11)Determination of the institution responsible for the provision of benefits where provision of invalidity benefits is resumed Repealed
- 43 (11)Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39 Repealed
- Persons covered by a special scheme for civil servants Repealed
- 43aArticle 43a Repealed
- Chapter 3 (11): OLD AGE AND DEATH (PENSIONS) Repealed
- 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
- 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
- 46 (11)Award of benefits Repealed
- 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
- 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
- 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
- 47 (11)Additional provisions for the calculation of benefits Repealed
- 48 (11)Periods of insurance or of residence of less than one year Repealed
- 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
- 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
- 51 (11)Revalorization and recalculation of benefits Repealed
- 51aPersons covered by a special scheme for civil servants Repealed
- Chapter 4: ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES Repealed
- Right to benefits Repealed
- 52Residence in a Member State other than the competent State — General rules Repealed
- 53Frontier workers — Special rule Repealed
- 54Stay in or transfer of residence to the competent State Repealed
- 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
- 56Accidents while travelling Repealed
- 57 (7)Benefits for an occupational disease where the person concerned has been exposed to the same risk in several Member States Repealed
- 58Calculation of cash benefits Repealed
- 59Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease Repealed
- Aggravation of an occupational disease for which the benefit has been awarded Repealed
- 60 (7) (11)Article 60 (7) (11) Repealed
- Miscellaneous provisions Repealed
- 61Rules for taking into account the special features of certain legislations Repealed
- 62Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits Repealed
- Reimbursements between institutions Repealed
- 63Article 63 Repealed
- Students Repealed
- 63aArticle 63a Repealed
- Chapter 5: DEATH GRANTS Repealed
- 64Aggregation of periods of insurance or residence Repealed
- 65Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State Repealed
- 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
- 66aStudents Repealed
- Chapter 6: UNEMPLOYMENT BENEFITS Repealed
- Common provisions Repealed
- 67Aggregation of periods of insurance or employment Repealed
- 68Calculation of benefits Repealed
- Unemployed persons going to a Member State other than the competent State Repealed
- 69Conditions and limits for the retention of the right to benefits Repealed
- 70Provision of benefits and reimbursements Repealed
- Unemployed persons who, during their last employment, were residing in a Member State other than the competent State Repealed
- 71Article 71 Repealed
- Persons covered by a special scheme for civil servants Repealed
- 71aArticle 71a Repealed
- Chapter 7 (8): FAMILY BENEFITS Repealed
- 72 (8)Aggregation of periods of insurance, employment or self-employment Repealed
- 72a (9) (14)Employed persons who have become fully unemployed Repealed
- 73 (8)Employed or self-employed persons the members of whose families reside in a Member State other than the competent State Repealed
- 74 (8)Unemployed persons the members of whose families reside in a Member State other than the competent State Repealed
- 75 (8)Provisions of benefits Repealed
- 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
- 76aStudents Repealed
- Chapter 8: BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS Repealed
- 77Dependent children of pensioners Repealed
- 78Orphans Repealed
- 78aArticle 78a Repealed
- 79 (7)Provisions common to benefits for dependent children of pensioners and for orphans Repealed
- 79aProvisions relating to benefits for orphans entitled to benefits under a special scheme for civil servants Repealed
- Title IV: ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS Repealed
- 80Composition and working methods Repealed
- 81Tasks of the Administrative Commission Repealed
- Title V: ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS Repealed
- 82 (B)Establishment, composition and working methods Repealed
- 83Tasks of the Advisory Committee Repealed
- Title VI: MISCELLANEOUS PROVISIONS Repealed
- 84 (7)Cooperation between competent authorities Repealed
- 84aRelations between the institutions and the persons covered by this Regulation. Repealed
- 85Exemptions from or reductions of taxes — Exemption from authentication Repealed
- 86 (14)Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State Repealed
- 87Medical examinations Repealed
- 88Transfers from one Member State to another of sums of money payable pursuant to this Regulation Repealed
- 89Special procedures for implementing certain legislations Repealed
- 90 (8)Article 90 (8) Repealed
- 91Contributions chargeable to employers or undertakings not established in the competent State Repealed
- 92Collection of contributions Repealed
- 93Rights of institutions responsible for benefits against liable third parties Repealed
- Title VII: TRANSITIONAL AND FINAL PROVISIONS Repealed
- 94 (7) (8) (11) (12)Transitional provisions for employed persons Repealed
- 95 (6) (12)Transitional provisions for self-employed persons Repealed
- 95a (11)Transitional provisions for application of Regulation (EEC) No 1248/92 Repealed
- 95b (14)Transitional provisions for application of Regulation (EEC) No 1247/92 Repealed
- 95cTransitional provisions for application of Regulation (EC) No 1606/98 Repealed
- 95dTransitional provisions applicable to students Repealed
- 95eTransitional provisions for application of Regulation (EC) No 1399/1999 Repealed
- 95fTransitional provisions relating to Annex II, section I, under the headings ‘D. GERMANY’ and ‘R. AUSTRIA’. Repealed
- 95gArticle 95g Repealed
- 96Agreements relating to reimbursement between institutions Repealed
- 97Notification pursuant to certain provisions Repealed
- 98Implementing Regulation Repealed
- Annex I (A) (B) (8) (9) (13) (14) (15): PERSONS COVERED BY THE REGULATION Repealed
- IEmployed persons and/or self-employed persons (Article 1 (a) (ii) and (iii) of the Regulation) Repealed
- IIMembers of the family (Second sentence of Article 1 (f) of the Regulation) Repealed
- Annex II (A) (B) (8) (10) (15): (Article 1 (j) and (u) of the Regulation) Repealed
- ISpecial schemes for self-employed persons excluded from the scope of the Regulation pursuant to the fourth subparagraph of Article 1 (j) Repealed
- IISpecial childbirth or adoption allowances excluded from the scope of the Regulation under the terms of Article 1 (u) (i) Repealed
- IIISpecial non-contributory benefits within the meaning of Article 4 (2b) which do not fall within the scope of the Regulation Repealed
- Annex IIa: SPECIAL NON-CONTRIBUTORY CASH BENEFITS Repealed
- ABELGIUM Repealed
- BBULGARIA Repealed
- CCZECH REPUBLIC Repealed
- DDENMARK Repealed
- EGERMANY Repealed
- FESTONIA Repealed
- GGREECE Repealed
- HSPAIN Repealed
- IFRANCE Repealed
- JIRELAND Repealed
- KITALY Repealed
- LCYPRUS Repealed
- MLATVIA Repealed
- NLITHUANIA Repealed
- OLUXEMBOURG Repealed
- PHUNGARY Repealed
- QMALTA Repealed
- RNETHERLANDS Repealed
- SAUSTRIA Repealed
- TPOLAND Repealed
- UPORTUGAL Repealed
- VROMANIA Repealed
- WSLOVENIA Repealed
- XSLOVAKIA Repealed
- YFINLAND Repealed
- ZSWEDEN Repealed
- AAUNITED KINGDOM Repealed
- 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
- AProvisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation.(Article 7 (2) (c) of the Regulation) Repealed
- BProvisions of Conventions which do not apply to all persons to whom the Regulations applies (Article 3 (3) of the Regulation) Repealed
- Annex IV (B) (11) (13) (15): (Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation) Repealed
- 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
- BSpecial schemes for self-employed persons within the meaning of Articles 38 (3) and 45 (3) of Regulation No 1408/71 Repealed
- 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
- Benefits and agreements referred to in Article 46b(2) of the Regulation Repealed
- 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
- 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
- 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
- Annex V (15)CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY Repealed
- Annex VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15: SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES Repealed
- ABELGIUM Repealed
- BBULGARIA Repealed
- CCZECH REPUBLIC Repealed
- DDENMARK Repealed
- EGERMANY Repealed
- FESTONIA Repealed
- GGREECE Repealed
- HSPAIN Repealed
- IFRANCE Repealed
- JIRELAND Repealed
- KITALY Repealed
- LCYPRUS Repealed
- MLATVIA Repealed
- NLITHUANIA Repealed
- OLUXEMBOURG Repealed
- PHUNGARY Repealed
- QMALTA Repealed
- RNETHERLANDS Repealed
- SAUSTRIA Repealed
- TPOLAND Repealed
- UPORTUGAL Repealed
- VROMANIA Repealed
- WSLOVENIA Repealed
- XSLOVAKIA Repealed
- YFINLAND Repealed
- ZSWEDEN Repealed
- AAUNITED KINGDOM Repealed
- Annex VIIINSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES Repealed
- Annex VIII: (Article 78a of the Regulation) Repealed
- ABELGIUM Repealed
- BBULGARIA Repealed
- CCZECH REPUBLIC Repealed
- DDENMARK Repealed
- EGERMANY Repealed
- FESTONIA Repealed
- GGREECE Repealed
- HSPAIN Repealed
- IFRANCE Repealed
- FGREECE Repealed
- JIRELAND Repealed
- KITALY Repealed
- LCYPRUS Repealed
- MLATVIA Repealed
- NLITHUANIA Repealed
- OLUXEMBOURG Repealed
- PHUNGARY Repealed
- QMALTA Repealed
- RNETHERLANDS Repealed
- SAUSTRIA Repealed
- TPOLAND Repealed
- UPORTUGAL Repealed
- VROMANIA Repealed
- WSLOVENIA Repealed
- XSLOVAKIA Repealed
- YFINLAND Repealed
- ZSWEDEN Repealed
- UNITED KINGDOM Repealed
- 1Great Britain and Northern Ireland Repealed
- 2Gibraltar Repealed
- ADivision A Repealed
- BDivision B Repealed