Defined terms — Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)
European Union · 32004R0883 · 1613 provisions
28 defined in this instrument.
activity as a self-employed person — any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists (b)
activity as an employed person — any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists (a)
Administrative Commission — the commission referred to in Article 71 (n)
civil servant — a person considered to be such or treated as such by the Member State to which the administration employing him is subject (d)
competent authority — in respect of each Member State, the Minister, Ministers or other equivalent authority responsible for social security schemes throughout or in any part of the Member State in question (m)
competent institution — the institution with which the person concerned is insured at the time of the application for benefit; or
the institution from which the person concerned is or would be entitled to benefits if he or a member or members of his family resided in the Member State in which the institution is situated; or
the institution designated by the competent authority of the Member State concerned; or
in the case of a scheme relating to an employer's obligations in respect of the benefits set out in Article 3(1), either the employer or the insurer involved or, in default thereof, the body or authority designated by the competent authority of the Member State concerned (q)
competent Member State — the Member State in which the competent institution is situated (s)
continuation of treatment — the continued investigation, diagnosis and treatment of an illness 1.
death grant — any one-off payment in the event of death excluding the lump-sum benefits referred to in subparagraph (w) (y)
early old-age benefit — a benefit provided before the normal pension entitlement age is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit (x)
family benefit — all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I (z)
frontier worker — any person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he returns as a rule daily or at least once a week (f)
Implementing Regulation — the Regulation referred to in Article 89 (o)
institution — in respect of each Member State, the body or authority responsible for applying all or part of the legislation (p)
institution of the place of stay — respectively the institution which is competent to provide benefits in the place where the person concerned resides and the institution which is competent to provide benefits in the place where the person concerned is staying, in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Member State concerned (r)
legislation — in respect of each Member State, laws, regulations and other statutory provisions and all other implementing measures relating to the social security branches covered by Article 3(1);
This term excludes contractual provisions other than those which serve to implement an insurance obligation arising from the laws and regulations referred to in the preceding subparagraph or which have been the subject of a decision by the public authorities which makes them obligatory or extends their scope, provided that the Member State concerned makes a declaration to that effect, notified to the President of the European Parliament and the President of the Council of the European Union. Such declaration shall be published in the Official Journal of the European Union (l)
member of the family — any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which benefits are provided;
with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits, any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he resides;
If the legislation of a Member State which is applicable under subparagraph (1) does not make a distinction between the members of the family and other persons to whom it is applicable, the spouse, minor children, and dependent children who have reached the age of majority shall be considered members of the family;
If, under the legislation which is applicable under subparagraphs (1) and (2), a person is considered a member of the family or member of the household only if he lives in the same household as the insured person or pensioner, this condition shall be considered satisfied if the person in question is mainly dependent on the insured person or pensioner (i)
period of insurance — periods of contribution, employment or self-employment as defined or recognised as periods of insurance by the legislation under which they were completed or considered as completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance (t)
period of residence — periods so defined or recognised by the legislation under which they were completed or considered as completed (v)
period of self-employment — periods so defined or recognised by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or to periods of self-employment (u)
periods — all periods of insurance, employment, self-employment or residence which either qualify for, or directly increase, the benefit concerned 1.
pre-retirement benefit — all cash benefits, other than an unemployment benefit or an early old-age benefit, provided from a specified age to workers who have reduced, ceased or suspended their remunerative activities until the age at which they qualify for an old-age pension or an early retirement pension, the receipt of which is not conditional upon the person concerned being available to the employment services of the competent State (x)
residence — the place where a person habitually resides (j)
special non-contributory cash benefits — those which:
are intended to provide either:
supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in Article 3(1), and which guarantee the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned;
or
solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned,
and
where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits provided to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone,
and
are listed in Annex X 2.
special scheme for civil servants — any social security scheme which is different from the general social security scheme applicable to employed persons in the Member State concerned and to which all, or certain categories of, civil servants are directly subject (e)
stay — temporary residence (k)
type A legislation — any legislation under which the amount of invalidity benefits is independent of the duration of the periods of insurance or residence and which is expressly included by the competent Member State in Annex VI 1.
type B legislation — any other legislation 1.