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Article 1

United Kingdom

Original text. Later amendments are not shown.

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

  1. 1..

    the following Article shall be added after Article 22:

    ‘Special rules for certain categories of persons

    Article 22a

    Notwithstanding Article 2 of this Regulation, Article 22 (1) (a) and (c) shall also apply to persons who are nationals of a Member State and are insured under the legislation of a Member State and to the members of their families residing with them.’;

  2. 2..

    the following Article shall be inserted after Article 25:

    ‘Contributions payable by wholly unemployed persons

    Article 25a

    The institution which is responsible for granting benefits in kind and cash benefits to the unemployed persons referred to in Article 25 (2) and which belongs to a Member State whose legislation provides for deduction of contributions payable by unemployed persons to cover sickness and maternity benefits shall be authorized to make such deductions in accordance with the provisions of its legislation.’;

  3. 3..

    in Article 39, the following subparagraph shall be inserted after the first subparagraph of paragraph 6:

    ‘Where that institution applies legislation providing for deduction of contributions payable by unemployed persons to cover invalidity benefits, it shall be authorized to make such deductions in accordance with the provisions of its legislation.’;

  4. 4..

    in Article 45, the following subparagraph shall be added after the first subparagraph of paragraph 6:

    ‘Where that institution applies legislation providing for deduction of contributions payable by unemployed persons to cover old age pensions and death, it shall be authorized to make such deductions in accordance with the provisions of its legislation.’;

  5. 5..

    Article 72a shall be supplemented by the following paragraph:

    ‘Where that institution applies legislation providing for deduction of contributions payable by unemployed persons to cover family benefits, it shall be authorized to make such deductions in accordance with the provisions of its legislation.’;

  6. 6..

    in Article 86 the existing text shall become paragraph 1 and the following paragraph shall be added:

    ‘2.

    Where a person entitled to do so under the legislation of a Member State has submitted to that State a claim for family benefits even though that State is not competent by priority right, the date on which that first application was made shall be considered as the date on which it was submitted to the competent authority, institution or tribunal, provided that a new application is submitted in the Member State which is competent by priority right by a person entitled to do so under the legislation of that State. The second application must be submitted within a period of one year after notification of the rejection of the first application or the cessation of payment of benefits in the first Member State.’;

  7. 7..

    the following Article shall be added after Article 95a:

    ‘Transitional provisions for application of Regulation (EEC) No 1247/92

    Article 95b
    1.

    Regulation (EEC) No 1247/92 shall not provide any entitlement for periods prior to 1 June 1992.

    2.

    The periods of residence and periods of employment or of self-employment completed on the territory of a Member State before 1 June 1992 shall be taken into consideration for the determination of rights acquired under the provisions of Regulation (EEC) No 1247/92.

    3.

    Subject to paragraph 1, a right shall be acquired pursuant to Regulation (EEC) No 1247/92 even where it relates to a contingency that occurred before 1 June 1992.

    4.

    All special non-contributory benefits which have not been awarded or which have been suspended by reason of the nationality of the person concerned shall, on the application of the person concerned, be awarded or resumed with effect from 1 June 1992, provided that the rights previously determined have not given rise to a lump-sum payment.

    5.

    The rights of persons to whom a pension was awarded prior to 1 June 1992, may, on the application of the persons concerned, be reviewed, taking account of the provisions of Regulation (EEC) No 1247/92.

    6.

    If an application referred to in paragraph 4 or 5 is submitted within two years from 1 June 1992, the rights acquired pursuant to Regulation (EEC) No 1247/92 shall have effect from that date, and the provisions of the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

    7.

    If an application referred to in paragraph 4 or 5 is submitted after the expiry of the two-year period after 1 June 1992, rights which have not been forfeited or which are not time-barred shall have effect from the date on which the application was submitted, except where more favourable provisions of the legislation of any Member State apply.

    8.

    The application of Article 1 of Regulation (EEC) No 1247/92 may not result in the withdrawal of benefits which are awarded before 1 June 1992 by the competent institutions of the Member States under Title III of Regulation (EEC) No 1408/71 to which Article 10 of the latter Regulation is applicable.

    9.

    The application of Article 1 of Regulation (EEC) No 1247/92 may not result in the rejection of an application for a special non-contributory benefit awarded as a supplement to a pension, which was submitted by the person concerned who had satisfied the conditions for the award of this benefit before 1 June 1992, even where the person concerned resides on the territory of a Member State other than the competent Member State, provided that the application for the benefit is submitted within a period of five years starting from 1 June 1992.

    10.

    Notwithstanding the provisions of paragraph 1, any special non-contributory benefit, granted as a supplement to a pension, which has not been awarded or which has been suspended by reason of the residence of the person concerned on the territory of a Member State other than the competent Member State shall, on the application of the person concerned, be awarded or resumed with effect from 1 June 1992, in the first case from the date on which the benefit should have been awarded, and in the second case on the date of suspension of the benefit.

    11.

    Where special non-contributory benefits as referred to in Article 4 (2a) of Regulation (EEC) No 1408/71 may, during the same period and for the same person, be granted pursuant to Article 10a of that Regulation by the competent institution of the Member State in the territory of which that person is resident and pursuant to paragraphs 1 to 10 of this Article by the competent institution of another Member State, the person concerned may only aggregate those benefits up to the limit of the highest amount of the special benefit he could claim under one of the legislations in question.

    12.

    The detailed rules of application of paragraph 11, and in particular the application, with regard to the benefits referred to in that paragraph, of the clauses for reduction, suspension or abolition provided for under the legislation of one or more Member States and the allocation of the differential additional amounts shall be set by decision of the Administrative Commission on Social Security for Migrant Workers and, where appropriate, by common accord of the Member States concerned or their competent authorities.’;

  8. 8..

    in Annex I, Part II, the heading ‘G. IRELAND’ shall be replaced by the following:

    ‘G.

    IRELAND

    In order to determine the right to benefits in kind for sickness and maternity in application of the Regulation, the term “member of the family” shall mean any person considered as being a dependant of an employed person or of a self-employed person for the application of the Health Acts of 1947 to 1970.’;

  9. 9..

    in Annex I, Part II, the heading ‘O. UNITED KINGDOM’ shall be replaced by the following:

    ‘O.

    UNITED KINGDOM

    For the purpose of determining entitlement to benefits in kind, the term “member of the family” means:

    1.

    As regards the legislation of Great Britain and Northern Ireland:

    1. (1)

      a spouse, provided that:

      1. (a)

        that person, whether employed or self-employed, or another person entitled under the Regulation, is:

        1. (i)

          residing with the spouse; or

        2. (ii)

          contributing to the maintenance of the spouse;

        and

      2. (b)

        the spouse does not:

        1. (i)

          have earnings as an employed or self-employed person or income as a person entitled under the Regulation;

          or

        2. (ii)

          receive a social security benefit or pension based on the spouse's own insurance;

    2. (2)

      a person having care of a child, provided that:

      1. (a)

        the employed or self-employed person or person entitled under the Regulation is:

        1. (i)

          living together with the person as though husband and wife; or

        2. (ii)

          contributing to the maintenance of the person;

        and

      2. (b)

        the person does not:

        1. (i)

          have earnings as an employed or self-employed worker or income as a person entitled under the Regulation;

          or

        2. (ii)

          receive a social security benefit or pension based on that person's own insurance;

    3. (3)

      a child in respect of whom that person, the employed or self-employed person, or another person entitled under the Regulation is or could be paid child benefit.

    2.

    As regards the legislation of Gibraltar:

    any person regarded as a dependent within the meaning of the Group Practice Scheme Ordinance, 1973.’;

  10. 10..

    Annex IIa shall be amended as follows:

    1. (a)

      the heading ‘B. DENMARK’ shall be replaced by the following:

      ‘B.

      DENMARK

      The flat-rate rehabilitation benefit awarded under the Law on Social Welfare for the maintenance of persons receiving rehabilitation treatment.’;

    2. (b)

      in heading‘Ί. LUXEMBOURG’, point (a) shall be deleted and points (b) and (c) become respectively points (a) and (b);

  11. 11..

    In Annex III, Part A, the heading ‘30. GERMANY — GREECE’ shall be supplemented by the following:

    1. (c)

      ‘Protocol of 7 October 1991 in conjunction with the Agreement of 6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.’;

  12. 12..

    in Annex III, Part B, the heading ‘30. GERMANY — GREECE’ shall be supplemented by the following:

    ‘30.

    GERMANY — GREECE

    Protocol of 7 October 1991 in conjunction with the Agreement of 6 July 1984 between the Government of the German Democratic Republic and the Government of the Hellenic Republic on the settlement of problems relating to pensions.’;

  13. 13..

    Annex VI shall be amended as follows:

    1. (a)

      in heading ‘C. GERMANY’, point 2 (c) shall be replaced by the following:

      1. (c)

        ‘For the purpose of taking into account German pension periods for the pension insurance of mine workers only German legislation shall apply.’;

    2. (b)

      in heading ‘F. GREECE’, point 1 shall be deleted and the following two points shall be added:

      ‘5.

      Where the rules of the Greek auxiliary pension funds (“επικουρικά ταμεία”) make provision for the recognition of compulsory old age pension insurance periods completed with statutory Greek insurance institutions (“κύριας ασφάλισης”) these rules shall also apply to compulsory pension insurance periods in the pension branch completed under the legislation of any other Member State falling within the scope of the Regulation.

      6.

      Employed persons who were compulsorily affiliated until 31 December 1992 to a pension insurance scheme of a Member State other than Greece and who are subject to compulsory Greek social insurance (base statutory scheme) for the first time after 1 January 1993, shall be regarded as “formerly insured persons” in accordance with the provisions of Law No 2084/92.’;