6.

Annex VI is amended as follows: (a) under the heading ‘D. DENMARK’, the text is amended as follows: (i) in point 6, the words ‘of 20 December 1989’ are deleted; (ii) point 11 is replaced by the following: ‘11. The intermediate benefit paid to unemployed persons who have benefited from the “flexjob” scheme (ledighedsydelse) (pursuant to the Active Social Policy Act) comes under Title III, Chapter 6 (unemployment benefits). As far as unemployed persons going to another Member State are concerned, the provisions of Articles 69 and 71 of the Regulation apply when the Member State concerned has similar schemes for the same category of persons.’; (b) under the heading ‘R. NETHERLANDS’, the text is amended as follows: (i) point 1(a)(ii) is replaced by the following: ‘(ii) in so far as they are not already included under point (i), members of the family of active military personnel who are living in another Member State and persons who are resident in another Member State and who under the Regulation are entitled to health care in their state of residence, the costs being borne by the Netherlands.’; (ii) point 1(c) is replaced by the following: ‘(c) The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene Wet Bijzondere Ziektekosten (General Act on Exceptional Medical Expenses) concerning liability for the payment of contributions shall apply to the persons referred to in point (a) and the members of their families. In respect of family members, the contributions shall be levied on the person from whom the right to health care is derived with the exception of the members of the family of military personnel living in another Member State, on whom they shall be levied directly.’; (iii) point 4 is replaced by the following: ‘4. Application of the Dutch laws relating to incapacity for work (a) Any employed or self-employed person who is no longer insured under the Algemene arbeidsongeschiktheidswet (General Disability Act) (AAW) of 11 December 1975, the Wet arbeidsongeschiktheidsverzekering zelfstandigen (Self-employed Persons Disablement Benefits Act) (WAZ) of 24 April 1997, the Wet op de arbeidsongeschiktheidsverzekering (Disability Insurance Act) (WAO) of 18 February 1966 or the Wet werk en inkomen naar arbeidsvermogen (Work and Income according to Labour Capacity Act) (WIA) of 10 November 2005 is considered to be so when the risk materialises, for the purposes of the application of the provisions of Chapter 3 of Title III of the Regulation, if that person is insured under the legislation of another Member State for the same risk or, failing that, if a benefit is due for the same risk in pursuance of the legislation of another Member State. The latter condition shall be considered to be fulfilled, however, in the case referred to in Article 48(1). (b) If, pursuant to point (a), the person concerned is entitled to a Dutch invalidity benefit, such benefit shall be paid in accordance with the rules laid down in Article 46(2) of the Regulation: (i) in accordance with the provisions laid down in the WAO if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work as an employed person within the meaning of Article 1(a) of the Regulation, if the incapacity for work occurred before 1 January 2004; if the incapacity for work occurred on or after 1 January 2004, the amount of the benefit is calculated on the basis of the WIA; (ii) in accordance with the provisions laid down in the WAZ if, prior to the occurrence of the incapacity for work, the person concerned was last engaged in work in a capacity other than that of an employed person within the meaning of Article 1(a) of the Regulation. (c) For the calculation of the benefits paid in accordance with the WAO, the WIA or the WAZ, the Dutch institutions shall take account of: — periods of paid employment and periods treated as such completed in the Netherlands before 1 July 1967, — periods of insurance completed under the WAO, — periods of insurance completed by the person concerned after the age of 15 years under the AAW in so far as these do not coincide with the periods of insurance completed under the WAO, — periods of insurance completed in accordance with the WAZ, — periods of insurance completed in accordance with the WIA. (d) In the calculation of the Dutch invalidity benefit pursuant to Article 40(1) of the Regulation, the Dutch institutions do not take into account any supplements granted under the provisions of the Law on Supplements. The right to the supplement and the amount thereof are calculated only on the basis of the Law on Supplements.’; (c) under the heading ‘S. AUSTRIA’, the following point is added: ‘10. To calculate the theoretical amount in respect of benefits based on a pension account under the Allgemeines Pensionsgesetz (Act on the General Pensions) (APG) for the purposes of Article 46(2)(a) of the Regulation, the competent institution takes into account, for each insurance month completed under other Member States' legislation, that portion of the total credit determined in accordance with the APG on the reference date which corresponds to the quotient of the total credit and the number of insurance months on which the total credit is based.’;