4. a person called up or recalled for military or civilian service by a Member State, is subject to the legislation of that Member State 5. any person to whom sub-paragraphs 1. to 4. do not apply is subject to the legislation of the Member State of residence. However this is subject to other rules in the European Union co-ordination regulations which guarantee benefits under the legislations of one or more Member States. 1 Reg (EC) 883/04, art 11(3); 2 art 65 071762 Except in relation to the benefits listed at DMG 071763, for the purposes of DMG 071759.1. a person receiving cash benefits because of, or as a consequence of, their activity as an employed or self-employed person shall be considered to be pursuing that activity1. 1 Reg (EC) 883/04, art 11(2) 071763 DMG 071762 does not apply to1 1. invalidity benefits 2. old age or survivors’ pensions 3. pensions in respect of accidents at work or occupational diseases 4. sickness benefits in cash which are for treatment for an unlimited period. 1 Reg (EC) 883/04, art 11(2) Workers posted abroad 071764 Where persons whose employer normally carries out its activities in the United Kingdom are posted by that employer to another European Economic Area state, the legislation of the United Kingdom will continue to apply provided1 1. they are not sent to replace another person and 2. the posting is not expected to last more than 24 months1. 1 Reg (EC) 883/04, art 12(1) Competent state for the payment of cash sickness benefits 071765 The circumstances in a state is required to export or award a sickness benefit to a claimant living in another European Economic Area are prescribed in European Union law1. However, for third country nationals, these rules only apply when the claimant moves to certain of the European Economic Area Member States (see DMG 071757-8 above). Note 1: With effect from 31.10.11 the Act2 was amended so as to confirm that, under Northern Ireland law, European Economic Area citizens who have moved within the European Economic Area are only entitled to Attendance Allowance,
4. a person called up or recalled for military or civilian service by a Member State, is subject to the legislation of that Member State 5. any person to whom sub-paragraphs 1. to 4. do not apply is subject to the legislation of the Member State of residence. However this is subject to other rules in the European Union co-ordination regulations which guarantee benefits under the legislations of one or more Member States. 1 Reg (EC) 883/04, art 11(3); 2 art 65 071762 Except in relation to the benefits listed at DMG 071763, for the purposes of DMG 071759.1. a person receiving cash benefits because of, or as a consequence of, their activity as an employed or self-employed person shall be considered to be pursuing that activity1. 1 Reg (EC) 883/04, art 11(2) 071763 DMG 071762 does not apply to1 1. invalidity benefits 2. old age or survivors’ pensions 3. pensions in respect of accidents at work or occupational diseases 4. sickness benefits in cash which are for treatment for an unlimited period. 1 Reg (EC) 883/04, art 11(2) Workers posted abroad 071764 Where persons whose employer normally carries out its activities in the United Kingdom are posted by that employer to another European Economic Area state, the legislation of the United Kingdom will continue to apply provided1 1. they are not sent to replace another person and 2. the posting is not expected to last more than 24 months1. 1 Reg (EC) 883/04, art 12(1) Competent state for the payment of cash sickness benefits 071765 The circumstances in a state is required to export or award a sickness benefit to a claimant living in another European Economic Area are prescribed in European Union law1. However, for third country nationals, these rules only apply when the claimant moves to certain of the European Economic Area Member States (see DMG 071757-8 above). Note 1: With effect from 31.10.11 the Act2 was amended so as to confirm that, under Northern Ireland law, European Economic Area citizens who have moved within the European Economic Area are only entitled to Attendance Allowance,
dmg-vol2-chapter07part2.DOCX