Persons covered

Regulation No. 883/2004 applies to nationals of Member States, stateless persons and refugees residing in the Member States who are or have been subject to social security laws of one or more Member States. It also applies to family members of such persons (Article 2, paragraph 1). In addition, the aforementioned Regulation applies to survivors of deceased to the persons who are subject to social security legislation of one, two or more EU Member States (citizens, stateless persons or refugees) (Article 2, paragraph 2). A necessary condition for the application of Regulation No. 883/2004 for these persons is to remain in their employment relationship in a Member State, in business activity, trade or service or reside in the territory of a Member State. The last requirement shall be deemed satisfied if the rules of the social security legislation of a Member State, where the insured person lived and whereby this period of residence is amalgamated by the state into the period of social security cover. Since the coordinating laws of national social security regulations make social security benefits dependent upon the condition of employment (or self-employment) or residence in a Member State, Title I of Regulation No. 883/2004, therefore contains the definitions of “paid work,” “self-employment,” “insured,” “family member,” “period of insurance,” and “usual residence.” Autonomous definitions of the Regulation in the analysis are not exhaustive.