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Regulation (EEC) No 1408/71 of the Council of 14 June 1971
On the application of social security schemes to employed persons and their families moving within the Community
- Recitals
TITLE I — GENERAL PROVISIONS- Article 1 (10) (15) — Definitions
- Article 2 — Persons covered
- Article 3 — Equality of treatment
- Article 4 (10) — Matters covered
- Article 5 (10) — Declarations by the Member States on the scope of this Regulation
- Article 6 — Social security conventions replaced by this Regulation.
- Article 7 — International provisions not affected by this Regulation
- Article 8 — Conclusion of conventions between Member States
- Article 9 — Admission to voluntary or optional continued insurance
- Article 9a — Prolongation of the reference period
- Article 10 — Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions
- Article 10a (10) — Special non-contributory benefits
- Article 11 — Revalorization of benefits
- Article 12 (9) (11) — Prevention of overlapping of benefits
- TITLE II — DETERMINATION OF THE LEGISLATION APPLICABLE
- Article 13 (9) — General rules
- Article 14 — Special rules applicable to persons, other than mariners, engaged in paid employment
- Article 14a — Special rules applicable to persons, other than mariners, who are selfemployed
- Article 14b — Special rules application to mariners
- Article 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
- Article 14d (5) — Miscellaneous provisions
- Article 14e — Special 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
- Article 14f — Special rules applicable to civil servants simultaneously employed in more than one Member State and insured in one of these States in a special scheme
- Article 15 — Rules concerning voluntary insurance or optional continued insurance
- Article 16 — Special rules regarding persons employed by diplomatic missions and consular posts, and auxiliary staff of the European Communities
- Article 17 (9) — Exceptions to Articles 13 to 16
- Article 17a (9) — Special rules concerning recipients of pensions due under the legislation of one or more Member State
- TITLE III — SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITS
- CHAPTER I — SICKNESS AND MATERNITY
- Section 1 — Common provisions
- Section 2 — Employed or self-employed persons and members of their families
- Article 19 — Residence in a Member State other than the competent State — General rules
- Article 20 — Frontier workers and members of their families — Special rules
- Article 21 — Stay in or transfer of residence to the competent State
- Article 22 — Stay 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
- Article 22a — Special rules for certain categories of persons
- Article 23 (a) — Calculation of cash benefits
- Article 24 — Substantial benefits in kind
- Section 3 — Unemployed persons and members of their families
- Section 4 — Pension claimants and members of their families
- Section 5 — Pensioners and members of their families
- Article 27 — Pensions payable under the legislation of several States where there is a right to benefits in the country of residence
- Article 28 — Pensions payable under the legislation of one or more States, in cases where there is no right to benefits in the country of residence
- Article 28a — Pensions 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
- Article 29 — Residence 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
- Article 30 — Substantial benefits in kind
- Article 31 — Stay of a pensioner and/or members of his family in a Member State other than the State in which they reside
- Article 32 (15)
- Article 33 (7) — Contributions payable by pensioners
- Article 34 — General provisions
- Section 5a — Persons who study or receive vocational training and members of their families
- Section 6 — Miscellaneous provisions
- Section 7 — Reimbursement between institutions
- CHAPTER 2 (11) — INVALIDITY
- Section 1 — 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
- Article 37 (11) — General provisions
- Article 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
- Article 39 (11)(14) — Award of benefits
- Section 2 — 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
- Section 3 — Aggravation of invalidity
- Section 4 — Resumption of provision of benefits after suspension or withdrawal — Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39
- Section 5 — Persons covered by a special scheme for civil servants
- CHAPTER 3 (11) — OLD AGE AND DEATH (PENSIONS)
- Article 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
- Article 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
- Article 46 (11) — Award of benefits
- Article 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
- Article 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
- Article 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
- Article 47 (11) — Additional provisions for the calculation of benefits
- Article 48 (11) — Periods of insurance or of residence of less than one year
- Article 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
- Article 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
- Article 51 (11) — Revalorization and recalculation of benefits
- Article 51a — Persons covered by a special scheme for civil servants
- CHAPTER 4 — ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES
- Section 1 — Right to benefits
- Article 52 — Residence in a Member State other than the competent State — General rules
- Article 53 — Frontier workers — Special rule
- Article 54 — Stay in or transfer of residence to the competent State
- Article 55 — Stay 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
- Article 56 — Accidents while travelling
- Article 57 (7) — Benefits for an occupational disease where the person concerned has been exposed to the same risk in several Member States
- Article 58 — Calculation of cash benefits
- Article 59 — Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease
- Section 2 — Aggravation of an occupational disease for which the benefit has been awarded
- Section 3 — Miscellaneous provisions
- Section 4 — Reimbursements between institutions
- Section 5 — Students
- CHAPTER 5 — DEATH GRANTS
- Article 64 — Aggregation of periods of insurance or residence
- Article 65 — Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State
- Article 66 — Provision 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
- Article 66a — Students
- CHAPTER 6 — UNEMPLOYMENT BENEFITS
- Section 1 — Common provisions
- Section 2 — Unemployed persons going to a Member State other than the competent State
- Section 3 — Unemployed persons who, during their last employment, were residing in a Member State other than the competent State
- Section 4 — Persons covered by a special scheme for civil servants
- CHAPTER 7 (8) — FAMILY BENEFITS
- Article 72 (8) — Aggregation of periods of insurance, employment or self-employment
- Article 72a (9) (14) — Employed persons who have become fully unemployed
- Article 73 (8) — Employed or self-employed persons the members of whose families reside in a Member State other than the competent State
- Article 74 (8) — Unemployed persons the members of whose families reside in a Member State other than the competent State
- Article 75 (8) — Provisions of benefits
- Article 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
- Article 76a — Students
- CHAPTER 8 — BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS
- TITLE IV — ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS
- TITLE V — ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS
- TITLE VI — MISCELLANEOUS PROVISIONS
- Article 84 (7) — Cooperation between competent authorities
- Article 84a — Relations between the institutions and the persons covered by this Regulation.
- Article 85 — Exemptions from or reductions of taxes — Exemption from authentication
- Article 86 (14) — Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State
- Article 87 — Medical examinations
- Article 88 — Transfers from one Member State to another of sums of money payable pursuant to this Regulation
- Article 89 — Special procedures for implementing certain legislations
- Article 90 (8)
- Article 91 — Contributions chargeable to employers or undertakings not established in the competent State
- Article 92 — Collection of contributions
- Article 93 — Rights of institutions responsible for benefits against liable third parties
- TITLE VII — TRANSITIONAL AND FINAL PROVISIONS
- Article 94 (7) (8) (11) (12) — Transitional provisions for employed persons
- Article 95 (6) (12) — Transitional provisions for self-employed persons
- Article 95a (11) — Transitional provisions for application of Regulation (EEC) No 1248/92 (1)
- Article 95b (14) — Transitional provisions for application of Regulation (EEC) No 1247/92 (1)
- Article 95c — Transitional provisions for application of Regulation (EC) No 1606/98
- Article 95d — Transitional provisions applicable to students
- Article 95e — Transitional provisions for application of Regulation (EC) No 1399/1999(1)
- Article 95f — Transitional provisions relating to Annex II, section I, under the headings D. GERMANY and R. AUSTRIA.
- Article 95g
- Article 96 — Agreements relating to reimbursement between institutions
- Article 97 — Notification pursuant to certain provisions
- Article 98 — Implementing Regulation
- ANNEX I (A) (B) (8) (9) (13) (14) (15) — PERSONS COVERED BY THE REGULATION
- ANNEX II (A) (B) (8) (10) (15) — (Article 1 (j) and (u) of the Regulation)
- ANNEX IIa — SPECIAL NON-CONTRIBUTORY CASH BENEFITS
- 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
- ANNEX IV (B) (11) (13) (15) — (Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)
- ANNEX V (15) — CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY
- ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15) — SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF CERTAIN MEMBER STATES
- ANNEX VII — INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES
- ANNEX VIII — (Article 78a of the Regulation)
- Appendix — LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72