OpenLegislation

Article 1

United Kingdom

Original text. Later amendments are not shown.

Regulation (EEC) No 1408/71 is hereby amended as follows:

  1. 1..

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

    ‘2.

    Any person who is compulsorily or voluntarily insured pursuant to the provisions of section 17A of the Social Welfare (Consolidation) Act 1981 shall be considered a self-employed person within the meaning of Article 1 (a) (ii) of the Regulation.’;

  2. 2..

    in Annex IIa, section ‘L. UNITED KINGDOM’, subparagraph (a) shall be deleted;

  3. 3..

    in Annex IV, part A, section ‘L. UNITED KINGDOM’ shall be replaced by the following:

    ‘L.

    UNITED KINGDOM

    (a)

    Great Britain

    Sections 15 and 36 of the Social Security Act 1975.

    Sections 14, 15 and 16 of the Social Security Pensions Act 1975.

    (b)

    Northern Ireland

    Sections 15 and 36 of the Social Security (Northern Ireland) Act 1975.

    Articles 16, 17 and 18 of the Social Security Pensions (Northern Ireland) Order 1975.’;

  4. 4..

    Annex VI shall be amended as follows:

    1. (a)

      in ‘G. IRELAND’:

      1. (i)

        in point 5 ‘sickness, maternity and unemployment benefits’ shall be replaced by ‘unemployment benefit’;

      2. (ii)

        point 8 shall be deleted;

    2. (b)

      in ‘J. NETHERLANDS’:

      1. (i)

        point 1 (b) shall be deleted;

      2. (ii)

        the fifth indent of point 1 (c) shall be replaced by the following:

        • ‘benefits in respect of a pension before the age of 65 under a pension scheme designed to provide old-age assistance to workers and former workers, or benefits in respect of an early retirement pension from work under a scheme for early retirement set up by the State or by or under an industrial agreement, or a scheme to be designated by the Sickness Fund Council.’;

      3. (iii)

        the following subparagraph shall be added to point 1:

        1. (d)

          ‘Members of the family as referred to in Article 19 (2) who reside in the Netherlands and employed or self-employed workers and the members of their families as referred to in Article 22 (1) (b) and (3) read in conjunction with Article 22 (1) (b), and Articles 25 and 26 who are entitled to benefits under the legislation of another Member State shall not be insured under the Algemene Wet Bijzondere Ziektekosten (Law on general insurance against special medical expenses) (AWBZ).’;

      4. (iv)

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

        1. (b)

          ‘The reduction referred to in Article 13 (1) of the AOW shall not apply to calendar years or parts thereof prior to 2 August 1989 during which, between his 15th and 65th birthdays the person who is or was married was not insured under the abovementioned legislation despite being resident in the territory of a Member State other than the Netherlands, if these calendar years or parts thereof coincide, on the one hand, with the periods of insurance completed by the person's spouse under that legislation provided that the couple's marriage subsisted during these periods, and, on the other, with the calendar years or parts thereof to be taken into account under subparagraph (a).

          By way of derogation from Article 7 of the AOW, this person shall be considered a pensioner.’;

      5. (v)

        point 2 (c) shall be replaced by the following:

        1. (c)

          ‘the reduction referred to in Article 13 (2) of the AOW shall not apply to calendar years or parts thereof prior to 1 January 1957 during which the spouse of a pensioner who fails to satisfy the conditions for having these years treated as periods of insurance resided in the Netherlands between the spouse's 15th and 65th birthdays or during which, despite being resident in the territory of another Member State, the spouse pursued an activity as an employed person in the Netherlands for an employer established in the Netherlands.’;

      6. (vi)

        point 2 (d) shall be replaced by the following:

        1. (d)

          ‘The reduction referred to in Article 13 (2) of the AOW shall not apply to calendar years or parts thereof prior to 2 August 1989 during which, between his 15th and 65th birthdays, the pensioner's spouse was resident in a Member State other than the Netherlands and was not insured under the abovementioned legislation if these calendar years or parts thereof coincide, on the one hand, with the periods of insurance completed by the spouse under that legislation provided that the couple's marriage subsisted during these periods, and, on the other, with the calendar years or parts thereof to be taken into account under subparagraph (a).’;

      7. (vii)

        the following sentence shall be added to point 2 (g):

        ‘The authorization referred to in point 4 of (f) may not be granted to a spouse not residing in the Netherlands of an employed or self-employed person to whom the provisions of Article 14 (1), Article 14a (1) or Article 17 of the Regulation apply if that spouse, in accordance with the provisions of Netherlands legislation alone, is or was authorized to take out voluntary insurance.’;

      8. (viii)

        point 2 (h) shall be replaced by the following:

        1. (h)

          ‘Points (a), (b), (c), (d) and (f) shall not apply either to those periods which coincide with periods which may be taken into account for calculating pension rights under the old-age insurance legislation of a Member State other than the Netherlands or to those periods during which the person concerned has drawn an old-age pension under such legislation.’;

    3. (c)

      in ‘L. UNITED KINGDOM’, point 5 ‘mobility allowance’ shall be replaced by ‘invalid care allowance’.