TITLE IGENERAL PROVISIONS
Article 1 (10) (15)Definitions
Article 2Persons covered
Article 3Equality of treatment
Article 4 (10)Matters covered
Article 5 (10)Declarations by the Member States on the scope of this Regulation
Article 6Social security conventions replaced by this Regulation.
Article 7International provisions not affected by this Regulation
Article 8Conclusion of conventions between Member States
Article 9Admission to voluntary or optional continued insurance
Article 9aProlongation of the reference period
Article 10Waiving of residence clauses — Effect of compulsory insurance on reimbursement of contributions
Article 10a (10)Special non-contributory benefits
Article 11Revalorization of benefits
Article 12 (9) (11)Prevention of overlapping of benefits
TITLE IIDETERMINATION OF THE LEGISLATION APPLICABLE
Article 13 (9)General rules
Article 14Special rules applicable to persons, other than mariners, engaged in paid employment
Article 14aSpecial rules applicable to persons, other than mariners, who are selfemployed
Article 14bSpecial 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 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
Article 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
Article 15Rules concerning voluntary insurance or optional continued insurance
Article 16Special 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 IIISPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFITSCHAPTER ISICKNESS AND MATERNITYSection 1Common provisions
Article 18Aggregation of periods of insurance, employment or residence
Section 2Employed or self-employed persons and members of their families
Article 19Residence in a Member State other than the competent State — General rules
Article 20Frontier workers and members of their families — Special rules
Article 21Stay in or transfer of residence to the competent State
Article 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
Article 22aSpecial rules for certain categories of persons
Article 22b (15)Employment in a Member State other than the competent State — Stay in the State of employment
Article 22c. . . . . . . . . ....
Article 23 (a)Calculation of cash benefits
Article 24Substantial benefits in kind
Section 3Unemployed persons and members of their families
Article 25. . . . . . . . . ....
Article 25a (12)Contributions payable by wholly unemployed persons
Section 4Pension claimants and members of their families
Article 26Right to benefits in kind in cases of cessation of the right to benefits from the institution which was last competent
Section 5Pensioners and members of their families
Article 27Pensions payable under the legislation of several States where there is a right to benefits in the country of residence
Article 28Pensions payable under the legislation of one or more States, in cases where there is no right to benefits in the country of residence
Article 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
Article 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
Article 30Substantial benefits in kind
Article 31Stay 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 34General provisions
Section 5aPersons who study or receive vocational training and members of their families
Article 34aSpecial provisions for students and members of their families
Article 34bCommon provisions
Section 6Miscellaneous provisions
Article 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
Section 7Reimbursement between institutions
Article 36 (15). . . . . . . . . ....
CHAPTER 2 (11)INVALIDITYSection 1Employed 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 2Employed 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
Article 40 (11)General provisions
Section 3Aggravation of invalidity
Article 41 (11). . . . . . . . . ....
Section 4Resumption of provision of benefits after suspension or withdrawal — Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39
Article 42 (11)Determination of the institution responsible for the provision of benefits where provision of invalidity benefits is resumed
Article 43 (11)Conversion of invalidity benefits into old-age benefits — Recalculation of benefits granted under Article 39
Section 5Persons covered by a special scheme for civil servants
Article 43a. . . . . . . . . ....
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 51aPersons covered by a special scheme for civil servants
CHAPTER 4ACCIDENTS AT WORK AND OCCUPATIONAL DISEASESSection 1Right to benefits
Article 52Residence in a Member State other than the competent State — General rules
Article 53Frontier workers — Special rule
Article 54Stay in or transfer of residence to the competent State
Article 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
Article 56Accidents 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 58Calculation of cash benefits
Article 59Costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease
Section 2Aggravation of an occupational disease for which the benefit has been awarded
Article 60 (7) (11). . . . . . . . . ....
Section 3Miscellaneous provisions
Article 61Rules for taking into account the special features of certain legislations
Article 62Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits
Section 4Reimbursements between institutions
Article 63. . . . . . . . . ....
Section 5Students
Article 63a. . . . . . . . . ....
CHAPTER 5DEATH GRANTS
Article 64Aggregation of periods of insurance or residence
Article 65Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent State
Article 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
Article 66aStudents
CHAPTER 6UNEMPLOYMENT BENEFITSSection 1Common provisions
Article 67Aggregation of periods of insurance or employment
Article 68Calculation of benefits
Section 2Unemployed persons going to a Member State other than the competent State
Article 69Conditions and limits for the retention of the right to benefits
Article 70Provision of benefits and reimbursements
Section 3Unemployed persons who, during their last employment, were residing in a Member State other than the competent State
Article 71. . . . . . . . . ....
Section 4Persons covered by a special scheme for civil servants
Article 71a. . . . . . . . . ....
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 76aStudents
CHAPTER 8BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS
Article 77Dependent children of pensioners
Article 78Orphans
Article 78a. . . . . . . . . ....
Article 79 (7)Provisions common to benefits for dependent children of pensioners and for orphans
Article 79aProvisions relating to benefits for orphans entitled to benefits under a special scheme for civil servants
TITLE IVADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS
Article 80Composition and working methods
Article 81Tasks of the Administrative Commission
TITLE VADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS
Article 82 (B)Establishment, composition and working methods
Article 83Tasks of the Advisory Committee
TITLE VIMISCELLANEOUS PROVISIONS
Article 84 (7)Cooperation between competent authorities
Article 84aRelations between the institutions and the persons covered by this Regulation.
Article 85Exemptions 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 87Medical examinations
Article 88Transfers from one Member State to another of sums of money payable pursuant to this Regulation
Article 89Special procedures for implementing certain legislations
Article 90 (8). . . . . . . . . ....
Article 91Contributions chargeable to employers or undertakings not established in the competent State
Article 92Collection of contributions
Article 93Rights of institutions responsible for benefits against liable third parties
TITLE VIITRANSITIONAL 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
Article 95b (14)Transitional provisions for application of Regulation (EEC) No 1247/92
Article 95cTransitional provisions for application of Regulation (EC) No 1606/98
Article 95dTransitional provisions applicable to students
Article 95eTransitional provisions for application of Regulation (EC) No 1399/1999
Article 95fTransitional provisions relating to Annex II, section I, under the headings ‘D. GERMANY’ and ‘R. AUSTRIA’.
Article 95g. . . . . . . . . ....
Article 96Agreements relating to reimbursement between institutions
Article 97Notification pursuant to certain provisions
Article 98Implementing Regulation
ANNEX I (A) (B) (8) (9) (13) (14) (15)PERSONS COVERED BY THE REGULATION
I.Employed persons and/or self-employed persons (Article 1 (a) (ii) and...II.Members of the family (Second sentence of Article 1 (f)...
ANNEX II (A) (B) (8) (10) (15)(Article 1 (j) and (u) of the Regulation)
I.Special schemes for self-employed persons excluded from the scope of...II.Special childbirth or adoption allowances excluded from the scope of...III.Special non-contributory benefits within the meaning of Article 4 (2b)...
ANNEX IIaSPECIAL NON-CONTRIBUTORY CASH BENEFITS
A.BELGIUM B.BULGARIA C.CZECH REPUBLIC D.DENMARK E.GERMANY F.ESTONIA G.GREECE H.SPAIN I.FRANCE J.IRELAND K.ITALY L.CYPRUS M.LATVIA N.LITHUANIA O.LUXEMBOURG P.HUNGARY Q.MALTA R.NETHERLANDS S.AUSTRIA T.POLAND U.PORTUGAL V.ROMANIA W.SLOVENIA X.SLOVAKIA Y.FINLAND Z.SWEDEN AA.UNITED KINGDOM
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
. . . . . . . . . ....
A.Provisions of social security conventions remaining applicable notwithstanding Article 6...B.Provisions of Conventions which do not apply to all persons...
ANNEX IV (B) (11) (13) (15)(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)
A.Legislations referred to in Article 37 (1) of the Regulation...B.Special schemes for self-employed persons within the meaning of Articles...C.Cases referred to in Article 46 (1) (b) of the...D.Benefits and agreements referred to in Article 46b(2) of the...1.Benefits referred to in Article 46b(2)(a) of the Regulation, the...2.Benefits referred to in Article 46b(2)(b) of the Regulation, theamount...3.Agreements referred to in Article 46b(2)(b)(i) of the Regulationintended to...
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
A.BELGIUM B.BULGARIA C.CZECH REPUBLIC D.DENMARK E.GERMANY F.ESTONIA G.GREECE H.SPAIN I.FRANCE J.IRELAND K.ITALY L.CYPRUS M.LATVIA N.LITHUANIA O.LUXEMBOURG P.HUNGARY Q.MALTA R.NETHERLANDS S.AUSTRIA T.POLAND U.PORTUGAL V.ROMANIA W.SLOVENIA X.SLOVAKIA Y.FINLAND Z.SWEDEN AA.UNITED KINGDOM
ANNEX VIIINSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES
. . . . . . . . . ....
ANNEX VIII(Article 78a of the Regulation)
A.BELGIUM B.BULGARIA C.CZECH REPUBLIC D.DENMARK E.GERMANY F.ESTONIA G.GREECE H.SPAIN I.FRANCE F.GREECE J.IRELAND K.ITALY L.CYPRUS M.LATVIA N.LITHUANIA O.LUXEMBOURG P.HUNGARY Q.MALTA R.NETHERLANDS S.AUSTRIA T.POLAND U.PORTUGAL V.ROMANIA W.SLOVENIA X.SLOVAKIA Y.FINLAND Z.SWEDEN AA.UNITED KINGDOM 1.Great Britain and Northern Ireland 2.Gibraltar ATTACHMENTS Appendix LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND (EEC) No 574/72

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:
Amendments (Textual)
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 etc. (not altering text)