European Institutionalisation of Social Security Rights: A Two-layered Process of Integration Martinsen, Dorte Sindbjerg

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1 university of copenhagen Københavns Universitet European Institutionalisation of Social Security Rights: A Two-layered Process of Integration Martinsen, Dorte Sindbjerg Publication date: 2004 Document Version Early version, also known as pre-print Citation for published version (APA): Martinsen, D. S. (2004). European Institutionalisation of Social Security Rights: A Two-layered Process of Integration: PhD dissertation. Dep. of Political and Social Science, European University Institute. Download date: 28. mar

2 Appendix 5: Adding to Annex IIa Over the Years Belgium Denmark Germany Spain France Greece 30. April /92 a)allowances for disabled persons 1 b)guaranteed income for elderly persons 2 c)guaranteed family benefits 3 a) Benefits under the Law on the social integration of disabled persons 6 b) Cash benefits to assist the elderly and invalids unable to work 7 a) Supplementary allowance from the National Solidarity Fund 9 b) Disabled adults' allowance 10 a) Special benefits for elderly persons 12 b) Allowance for children of non-working mothers whose husbands have been called up for military service 13 c) Allowance for children of non-working mothers whose husbands are in prison 14 d)allowance for persons suffering from congenital hemolytic anaemia 15 e)allowance for the deaf and dumb 16 f)allowance for seriously disabled persons April /92 c) non-contributory disablement and retirement pensions and dependent child benefits 8 c) the special allowance June / Dec /95 a) The flat-rate rehabilitation benefit Dec /95 b) Accommodation expenses for pensioners 5 386

3 Ireland Italy g)allowance for spasmophiliacs 18 h)allowance for persons suffering from a serious mental disability 19 i)allowance for the blind 20 a) Unemployment assistance 21 b) Old age and blind pensions (non-contributory) 22 c) Widows' and orphans' pensions (non-contributory) 23 d) Lone parent's allowance 24 e) Carer's allowance 25 f) Family income supplement 26 g) Disabled person's maintenance allowance 27 h) Mobility allowance 28 i) Infectious diseases maintenance allowance 29 j)domiciliary care allowance 30 k)blind welfare allowance 31 l)disabled person's rehabilitation allowance 32 a) Social pensions for persons without means 33 b) Pensions and allowances for the civilian disabled or invalids 34 c) Pensions and allowances for the deaf and dumb 35 d) Pensions and allowances for the civilian blind 36 e) Benefits supplementing the minimum pension 37 f) Benefits supplementing disability allowances 38 g) Monthly allowances for continuous personal 387

4 Luxembourg Netherlands Austria (1995) Portugal assistance for those receiving pensions for incapacity for work 39 a) Compensatory cost of living allowance 40 b) Special severe disablement allowance 41 c) Maternity allowance 42 a) Non-contributory family allowances 44 b) Nursing mother's allowance 45 c) Supplementary allowance for disabled children and young people 46 d) Allowance for attendance at special schools 47 e) Non-contributory orphan's pension 48 f) Non-contributory invalidity pension 49 g) Non-contributory old-age pension 50 h) Supplementary severe invalidity pension 51 i) Non-contributory widow's pension 52 Finland (1995) Sweden (1995) United Kingdom a) Mobility allowance 53 b) Invalid care allowance 54 c) Family credit 55 d) Attendance allowance 56 e) Income support 57 f) Disability living allowance 58 g) Disability working allowance 59 (a) shall be deleted and points (b) and (c) become respectively points (a) and (b) 43 a) shall be deleted h) Income-based allowances for jobseekers

5 Belgium Denmark Germany Spain France Greece 2. Dec /97 a)allowances for disabled persons b)guaranteed income for elderly persons c)guaranteed family benefits a) The flat-rate rehabilitation benefit b) Accommodation expenses for pensioners a) Benefits under the Law on the social integration of disabled persons b) Cash benefits to assist the elderly and invalids unable to work c) non-contributory disablement and retirement pensions and dependent child benefits a) Supplementary allowance from the National Solidarity Fund b) Disabled adults' allowance c) the special allowance a) Special benefits for elderly persons b) Allowance for children of non-working mothers whose husbands have been called up for military service c) Allowance for children of non-working mothers whose husbands are in prison d)allowance for persons suffering from congenital hemolytic anaemia e)allowance for the deaf and 27. June /97 c) Shall be replaced by: Non-contributory invalidity and retirement pensions and dependent child benefits June /98 c) The temporary benefit for unemployed persons who have been taken on in a "flexible job" for 12 months (ledighedsydelse) 61 Points (d), (e), (g), (h) and (i) shall be replaced by the following: d) allowance for persons suffering from congenital haemolytic anaemia 63 e) allowance for the deaf and dumb 64 g) allowance for spasmophiliacs 65 h) allowance for persons suffering form a serious mental disability

6 Ireland Italy dumb f)allowance for seriously disabled persons g)allowance for spasmophiliacs h)allowance for persons suffering from a serious mental disability i)allowance for the blind a) Unemployment assistance b) Old age and blind pensions (non-contributory) c) Widows' and orphans' pensions (non-contributory) d) Lone parent's allowance e) Carer's allowance f) Family income supplement g) Disabled person's maintenance allowance h) Mobility allowance i) Infectious diseases maintenance allowance j)domiciliary care allowance k)blind welfare allowance l)disabled person's rehabilitation allowance a) Social pensions for persons without means b) Pensions and allowances for the civilian disabled or invalids c) Pensions and allowances for the deaf and dumb d) Pensions and allowances for the civilian blind e) Benefits supplementing the minimum pension f) Benefits supplementing disability allowances g) Monthly allowances for continuous personal assistance for those i) allowance for the blind 67 Points (a) to (g) shall be replaced as follows: a) unemployment assistance 68 b) old age and blind pensions (non-contributory) 69 c) widow's (non-contributory) pension, widower's (noncontributory) pension and orphan's (non-contributory) pension 70 d)one-parent family payment 71 e)carer's allowance 72 f)family income supplement 73 g)disability allowance 74 h) social allowance

7 Luxembourg Netherlands Austria (1995) Portugal receiving pensions for incapacity for work a) Special severe disablement allowance b) Maternity allowance a) Compensatory supplement 77 b) Care allowance (Pflegegeld) 78 a) Non-contributory family allowances b) Nursing mother's allowance c) Supplementary allowance for disabled children and young people d) Allowance for attendance at special schools e) Non-contributory orphan's pension f) Non-contributory invalidity pension g) Non-contributory old-age pension h) Supplementary severe invalidity pension i) Non-contributory widow's pension Finland (1995) a) Child-care allowance 80 b) Disability allowance 81 c) Housing allowance for pensioners 82 d) Basic unemployment allowance in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance 83 h) Shall be replaced by: Attendance allowance for persons receiving invalidity, old-age, widows or orphan's pensions 79 Sweden (1995) a) Municipal Housing a) Shall be replaced by: a) incapacity benefits for disabled young people 76 d) shall be replaced by: labour market support

8 Supplements to basis pensions 85 b) Handicap allowances which are not paid to a person receiving a pension 86 c) Care allowance for handicapped children 87 United Kingdom a)... b) Invalid care allowance c) Family credit d) Attendance allowance e) Income support f) Disability living allowance g) Disability working allowance h) Income-based allowances for jobseekers Housing supplements for persons receiving a pension 88 1 Law of 27 February Law of 1 April Law of 20 July As awarded under the Law on Social Welfare for the maintenance of persons receiving rehabilitation treatment 5 Law on individual accommodation assistance, consolidated by Law No 204 of 29 March Law No 13/82 of 7 April Royal Decree No 2620/81 of 24 July As provided for in Articles 132 (1), 136a, 137a, 138a, 154a, 155a, 156a, 167, 168 (2), 169 and 170 of the General Law on Social Security, as amended by Law No 26/90 of 20 December 1990 establishing non-contributory social security benefits 9 Law of 30 June Law of 30 June Law of 10 July Law 1296/82 13 Law 1483/84, Article 23 (1) 14 Law 1483/84, Article 23 (2) 15 Decree-Law 321/69 16 Exceptional Law 421/37 17 Decree-Law 162/73 18 Decree-Law 162/72 392

9 19 Decree-Law 162/73 20 Law 958/79 21 Social Welfare (Consolidation) Act, 1981, Part III, Chapter 2 22 Social Welfare (Consolidation) Act, 1981, Part III, Chapter 3 23 Social Welfare (Consolidation) Act, 1981, Part III, Chapter 4 24 Social Welfare Act, 1990, Part III 25 Social Welfare Act, 1990, Part IV 26 Social Welfare Act, 1984, Part III 27 Health Act, 1970, Section Health Act, 1970, Section Health Act, 1947, Sections 5 and 44 (5) 30 Health Act, 1970, Section Blind Persons Act, 1920, Chapter Health Act, 1970, Sections 68, 69 and Law No 153 of 30 April Laws No 118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23 November Laws No 381 of 26 May 1970 and No 508 of 23 November Laws No 382 of 27 May 1970 and No 508 of 23 November Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December Law No 222 of 12 June Law No 222 of 12 June Law of 13 June Law of 16 April Law of 30 April Compensatory cost of living allowance (Law of 13 June 1975) no longer exist in Luxembourg legislation 44 Decree-Law No 160/80 of 27 May Decree-Law No 160/80 of 27 May Decree-Law No 160/80 of 27 May Decree-Law No 160/80 of 27 May Decree-Law No 160/80 of 27 May Decree-Law No 464/80 of 13 October Decree-Law No 464/80 of 13 October Decree-Law No 160/80 of 27 May Regulatory Decree No 52/81 of 11 November Social Security Act 1975 of 20 March 1975, Section 37A and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section 37A 54 Social Security Act 1975 of 20 March 1975, Section 37, and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section Social Security Act 1986 of 25 July 1986, Sections 20 to 22, and Social Security (Northern Ireland) Order 1986 of 5 November 1986, Articles 21 to Social Security Act 1975 of 20 March 1975, Section 35 and Social Security (Northern Ireland) Act 1975 of 20 March 1975, Section Social Security Act 1986 of 25 July 1986, Sections 20 to 22 and Section 23 and Social Security (Northern Ireland) Order 1986 of 5 November 1986, Articles 21 to Disability Living Allowance and Disability Working Allowance Act 1991 of 27 June 1991, Section 1 and Disability Living Allowance and disability Working Allowance (Northern Ireland) Order 1991 of 24 July 1991, Article 3 59 Disability Living Allowance and Disability Working Allowance Act 1991 of 27 June 1991, Section 6 and Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 of 24 July 1991, Article 8 60 Jobseekers Act 1995, 28 June 1995, Sections I (2) (d) (ii) and 3, and Jobseekers (Northern Ireland) Order 1995, 18 October 1995, Articles 3 (2) (d) (ii) and 5 61 Law No 455 of 10 June

10 62 As provided for in Article 38 (1) (c) and (d) of the Consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree No 1/1994 of 20 June Law 2362/1995 common ministerial order G4a/F.167/2073/82 and common ministerial order P47/F.222/225 oik. 4711/94 64 Exceptional law 421/37 common ministerial order D 8b 423/73, common ministerial order G4/F/11.2/oik. 1929/82 and common ministerial order G4/F.422/oik. 1142/85 65 Decree-law 162/73 common ministerial order G4a/F.224/oik. 1434/84 66 Decree-law 162/73 common ministerial order G4/F.12/oik. 1930/82, common ministerial order G4b/F.423/oik. 1167/84 and common ministerial order G4b/F.423/oik.82/oik. 529/85 67 Law 958/79 68 Social Welfare (Consolidation) Act 1993, Part III, Chapter 2 69 Social Welfare (Consolidation) Act 1993, Part III, Chapters 4 and 5 70 Social Welfare (Consolidation) Act 1993, Part III, Chapter 6 as amended by Part V of the Social Welfare Act Social Welfare (Consolidation) Act 1993, Part III, Chapter 9 72 Social Welfare (consolidation) Act 1993, Part III, Chapter Social Welfare (Consolidation) Act 1993, Part V 74 Social Welfare Act 1996, Part IV 75 Law No 335 of 8 August Law of 24 April Federal Act of 9 September 1955 on General Social Insurance - ASVG, Federal Act of 11 October 1978 on Social Insurance for Persons engaged in Trade and Commerce - GSVG and Federal Act of 11 October 1978 on Social Insurance for Farmers - BSGV). 78 Under the Austrian Federal Care Allowance Act (Bundespflegegeldgesetz) with the exception of care Allowance granted by accident insurance institutions where the handicap is caused by an accident at work or occupational disease. 79 Decree-Law No 160/80 of 27 May 1980 and implementing Order No 1066/94 of 5 December Child-care Allowances Act, 444/69 81 Disability Allowance Act, 124/88 82 Act concerning the Housing Allowance for Pensioners, 591/78 83 Unemployment Allowance Act, 602/84 84 Labour Market Support Act 1542/93 85 Law 1962: 392, reprinted 1976: Law 1962: 381 reprinted 1982: Law 1962: 381 reprinted 1982: Law 1994:

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