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Document 01972R0574-20070101

Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self employed persons, to self-employed persons and to their families moving within the Community (Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1See annex B.)

ELI: http://data.europa.eu/eli/reg/1972/574/2007-01-01

1972R0574 — EN — 01.01.2007 — 014.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COUNCIL REGULATION (EEC) No 574/72

of 21 March 1972

laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self employed persons, to self-employed persons and to their families moving within the Community

(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 ( 1 ))

(OJ L 074, 27.3.1972, p.1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL REGULATION (EC) No 1290/97 of 27 June 1997

  L 176

1

4.7.1997

►M2

COUNCIL REGULATION (EC) No 1223/98 of 4 June 1998

  L 168

1

13.6.1998

►M3

COUNCIL REGULATION (EC) No 1606/98 of 29 June 1998

  L 209

1

25.7.1998

►M4

COUNCIL REGULATION (EC) No 307/1999 of 8 February 1999

  L 38

1

12.2.1999

►M5

COUNCIL REGULATION (EC) No 1399/1999 of 29 April 1999

  L 164

1

30.6.1999

►M6

COMMISSION REGULATION (EC) No 89/2001 of 17 January 2001

  L 14

16

18.1.2001

►M7

REGULATION (EC) No 1386/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2001

  L 187

1

10.7.2001

►M8

COMMISSION REGULATION (EC) No 410/2002 of 27 February 2002

  L 62

17

5.3.2002

►M9

COMMISSION REGULATION (EC) No 1851/2003 of 17 October 2003

  L 271

3

22.10.2003

►M10

REGULATION (EC) No 631/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004

  L 100

1

6.4.2004

►M11

COMMISSION REGULATION (EC) No 77/2005 of 13 January 2005

  L 16

3

20.1.2005

►M12

REGULATION (EC) No 647/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 April 2005

  L 117

1

4.5.2005

►M13

COMMISSION REGULATION (EC) No 207/2006 of 7 February 2006

  L 36

3

8.2.2006

►M14

REGULATION (EC) No 629/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2006

  L 114

1

27.4.2006

►M15

COUNCIL REGULATION (EC) No 1791/2006 of 20 November 2006

  L 363

1

20.12.2006


Amended by:

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Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded

  L 236

33

23.9.2003




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COUNCIL REGULATION (EEC) No 574/72

of 21 March 1972

laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self employed persons, to self-employed persons and to their families moving within the Community

(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 ( 2 ))



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof,

Having regard to Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, and in particular Article 98 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas there is a need to lay down the procedure for implementing Regulation (EEC) No 1408/71 adapted to the basic rules and to the experience gained in applying these texts over the years;

Whereas it is necessary, in particular, to specify the competent authorities and institutions in each Member State as well as the liaison bodies entitled to exchange information directly between themselves;

Whereas it is necessary to specify the documents to be furnished and to be completed by the persons concerned in order to obtain benefits;

Whereas it is necessary to specify in detail the procedure for implementing the provisions of Regulation (EEC) No 1408/71 concerning the determination of the legislation applicable as well as the provisions concerning the different categories of benefits;

Whereas it is also necessary to specify the conditions for the refund of benefits provided by the institution of one Member State on behalf of the institution of another Member State, and the duties of the Audit Board;

Whereas it is necessary to lay down the methods of application for the procedure to be followed for currency conversion within the framework of the European Monetary System;

Whereas it is necessary, with a view to facilitating communication between the authorities and institutions of the Member State, to provide for the possibility of electronic data processing in connection with the application of Regulation (EEC) No 1408/71;

Whereas it should be made possible for Annexes 1, 4, 5, 6, 7 and 8 to Regulation (EEC) No 574/72 to be amended by means of a regulation adopted by the Commission at the request of the Member State or Member States concerned or their competent authorities and after consultation of the Administrative Commission; whereas the sole aim of amending these Annexes is to incorporate into a Community instrument decisions adopted by the Member State concerned or by their competent authorities,

HAS ADOPTED THIS REGULATION:



TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Regulation:

(a) ‘Regulation’ means Regulation (EEC) No 1408/71;

(b) ‘implementing Regulation’ means this Regulation;

(c) the definitions in Article 1 of this Regulation have the meaning assigned to them in the said Article.

Article 2

Printed model forms — Information on legislations — Guides

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1.  Models of the documents necessary for application of the Regulation and of the implementing Regulation shall be drawn up by the Administrative Commission.

These documents may be transferred between institutions either in paper or other form or by means of telematic services as standardised electronic messages in accordance with Title VIa. The exchange of information by means of telematic services shall be subject to agreement between the competent authorities or the bodies designated by the competent authorities of the sending Member State and those of the receiving Member State.

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2.  For the benefit of the competent authorities of each Member State, the Administrative Commission may assemble information on the provisions which come within the scope of this Regulation.

3.  The Administrative Commission shall prepare guides for the purpose of advising persons concerned of their rights and of the administrative formalities to be completed for the exercise of those rights.

The AdvisoryCommittee shall be consulted before such guides are drawn up.

Article 3 (7)

Liaison bodies — Communications between institutions and between beneficiaries and institutions

1.  The competent authorities may designate liaison bodies which may communicate directly with each other.

2.  Any institution of a Member State, and any person residing or staying in the territory of a Member State, may make application to the institution of another Member State, either directly or through the liaison bodies.

3.  Decisions and other documents emanating from an institution of a Member State and intended for persons residing or staying in the territory of another Member State may be communicated directly by registered letter with acknowledgement of receipt.

Article 4 (9)

Annexes

1.  The competent authority or authorities of each Member State are listed in Annex I.

2.  The competent institutions of each Member State are listed in Annex 2.

3.  The institutions of the place of residence and the institutions of the place of stay of each Member State are listed in Annex 3.

4.  The liaison bodies designated pursuant to Article 3 (1) of the implementing Regulation are listed in Annex 4.

5.  The provisions referred to in Articles 5, 53 (3), 104, 105 (2), 116 and 121 of the implementing Regulation are listed in Annex 5.

6.  The procedure for the payment of benefits chosen by the institutions responsible for payment in each Member State, in accordance with Article 53 (1) of the implementing Regulation, is listed in Annex 6.

7.  The names and registered offices or place of business of the banks referred to in Article 55 (1) of the implementing Regulation are listed in Annex 7.

8.  The Member States to which the provisions of Article 10a (1) (d) of the implementing Regulation apply in their dealings with each other are listed in Annex 8.

9.  The schemes to be taken into consideration when calculating the average annual cost of benefits in kind, in accordance with Articles 94 (3) (a) and 95 (3) (a) of the implementing Regulation, are listed in Annex 9.

10.  Annex 10 lists the institutions or bodies designated by the competent authorities pursuant, in particular, to the following provisions:

(a) Regulation: Article 14c, Article 14d (3) and 17;

(b) implementing Regulation: Article 6 (1), Article 8, Articles 10b, 11 (1), 11a (1), 12a, 13 (3) and (3), 14 (1), (2) and (3), 38 (1), 70 (1), 80 (2), 81, 82 (2), 85 (2), 86 (2), 89 (1), 91 (2), 102 (2), 109, 110, 113 (2).

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TITLE II

IMPLEMENTATION OF THE GENERAL PROVISIONS OF THE REGULATION



Implementation of Articles 6 and 7 of the Regulation

Article 5

Replacement by the implementing Regulation of arrangements for implementing conventions

The provisions of the implementing Regulation shall replace those of the arrangements for implementing the conventions referred to in Article 6 of the Regulation; they shall also replace the provisions relating to the implementation of the provisions of the conventions referred to in Article 7 (2) (c) of the Regulation in so far as they are not listed in Annex 5.



Implementation of Article 9 of the Regulation

Article 6

Admission to voluntary or optional continued insurance

1.  If, by virtue of Articles 9 and 15 (3) of the Regulation, a person satisfies the conditions for admission to a voluntary or optional continued insurance in respect of invalidity, old age and death (pensions) in several schemes under the legislation of one Member State, and if he has not been subject to compulsory insurance under one of those schemes by virtue of his last employment or self-employment he may, under the said Articles, join the voluntary or optional continued insurance scheme specified by the legislation of that Member State or, failing that, the scheme of his choice.

2.  In order to invoke the provisions of Article 9 (2) of the Regulation, a person shall submit to the institution of the Member State in question a certified statement relating to the insurance periods or periods of residence completed under the legislation of any other Member State. Such certified statement shall be issued, at the request of the person concerned, by the institution or institutions who administer the legislation under which he has completed those periods.



Implementation of Article 12 of the Regulation

Article 7 (11)

General rules on the application of the provisions designed to prevent overlapping

1.  Where the benefits due under the legislation of two or more Member States are conditional upon mutual reductions, suspensions or withdrawals, the amounts which would not be paid in strict application of the provisions concerning reduction, suspension or withdrawal provided for by the legislation of the Member States concerned shall be divided by the number of benefits subject to reduction, suspension or withdrawal.

2.  In order to implement Article 12 (2), (3) and (4), Article 46a, Article 46b and Article 46c of the Regulation, the competent institutions concerned shall provide each other, at their own request, with all appropriate information.

Article 8 (5)

Rules applicable in the case of overlapping of rights to sickness or maternity benefits under the legislation of several Member States

1.  If an employed or self-employed person or a member of his family is entitled to claim maternity benefits under the legislations of two or more Member States, those benefits shall be granted exclusively under the legislation of the Member State in whose territory the confinement took place or, if the confinement did not take place in the territory of one of these Member States, exclusively under the legislation of the Member State to which the employed or self-employed person was last subject.

2.  If an employed or self-employed person is entitled to claim sickness benefits under the legislation of Ireland and the United Kingdom for the same period of incapacity for work, those benefits shall be granted exclusively under the legislation of the Member State to which the person concerned was last subject.

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3.  In the cases referred to in Article 14c(b) and 14f of the Regulation, where the person in question or a member of his family is entitled to claim benefits in kind in respect of sickness or maternity under the two legislations in question, the following rules shall be applicable:

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(a) Where at least one of those legislations stipulates that the benefits shall be awarded in the form of a reimbursement to the person entitled to benefit, this shall be the exclusive responsibility of the institution of the Member State in whose territory they have been awarded.

(b) If the benefits have been awarded in the territory of a Member State other than the two Member States in question, they shall be the exclusive responsibility of the institution of the Member State to whose legislation the person in question is subject by virtue of his paid employment.

Article 8a

Rules applicable in the case of overlapping of rights to sickness benefits, benefits with respect to accidents at work or occupational disease under Greek legislation and the legislation of one or more other Member States

If during the same period an employed or self-employed person or member of his family is entitled to claim sickness benefits, benefits with respect to accidents at work or occupational disease under Greek legislation and under the legislation of one ormore Member States, these benefits shall be granted exclusively under the legislation to which the person concerned was last subject.

Article 9 (5)

Rules applicable in the case of overlapping of rights to death grants under the legislation of several Member States

1.  Where the death occurs in the territory of a Member State, the right to a death grant acquired under the legislation of that Member State only shall be maintained, whilst the right acquired under the legislation of any other Member State shall lapse.

2.  Where the death occurs in the territory of one Member State when the right to a death grant has been acquired under the legislation of two or more other Member States, or where the death occurs outside the territory of the Member States and the said right has been acquired under the legislation of two or more Member States, only the right acquired under the legislation of the Member State to which the deceased person was last subject shall be maintained, whilst the right acquired under the legislation of any other Member State shall lapse.

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3.  By way of derogation from paragraphs 1 and 2, in the cases referred to in Articles 14c(b) or 14f of the Regulation, any entitlement to death grants acquired under the legislation of the Member States concerned shall be retained.

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Article 9a

Rules applicable in the case of overlapping of rights to unemployment benefits

If an employed or self-employed person, entitled to unemployment benefits under the legislation of a Member State to which he was subject during his last employment or self-employment pursuant to Article 69 of the Regulation, goes to Greece where he is also entitled to unemployment benefits by virtue of a period of insurance, employment or self-employment previously completed under Greek legislation, the right to benefits under Greek legislation shall be suspended for the period laid down in Article 69 (1) (c) of the Regulation.

Article 10 (12) (13)

Rules applicable in the case of overlapping of rights to family benefits or family allowances for employed or self-employed persons

1.  

(a) Entitlement to benefits or family allowances due under the legislation of a Member State, according to which acquisition of the right to those benefits or allowances is not subject to conditions of insurance, employment or self-employment, shall be suspended when, during the same period and for the same member of the family, benefits are due only in pursuance of the national legislation of another Member State or in application of Articles 73, 74, 77 or 78 of the Regulation, up to the sum of those benefits

(b) However, where a professional or trade activity is carried out in the territory of the first member State:

(i) in the case of benefits due either only under national legislation of another Member State or under Articles 73 or 74 of the Regulation to the person entitled to family benefits or to the person to whom they are to be paid, the right to family benefits due either only under national legislation of that other Member State or under theses Articles shall be suspended up to the sum of family benefits provided for by the legislation of the Member State in whose territory the member of the family is residing. The cost of the benefits paid by the Member State in whose territory the member of the family is residing shall be borne by that Member State;

(ii) in the case of benefits due either only under national legislation of another Member State or under articles 77 or 78 of the Regulation, to the person entitled to these benefits or to the person to whom they are payable, the right to these family benefits or family allowances due either only under the national legislation of that other Member State or in application of those Articles shall be suspended; where this is the case, the person concerned shall be entitled to the family benefits or family allowances of the Member State in whose territory the children reside, the cost to be borne by that Member State, and, where appropriate, to benefits other than the family allowances referred to in Article 77 or Article 78 of the Regulation, the cost to be borne by the competent State as defined by those Articles.

2.  If an employed person subject to the legislation of a Member State is entitled to family allowances by virtue of periods of insurance or employment previously completed under Greek legislation, this right shall be suspended where, during the same period and for the same member of the family, family benefits or allowance are due under the legislation of the first Member State pursuant to Articles 73 and 74 of the Regulation, up to the sum of those benefits.

3.  Where family benefits are due, over the same period and for the same member of the family, from two Member States pursuant to Articles 73 and/or 74 of the Regulation, the competent institution of the Member State with legislation providing for the highest levels of benefit shall pay the full amount of such benefit and be reimbursed half this sum by the competent institution of the other Member State up to the limit of the amount provided for in the legislation of the latter Member State.

Article 10a (8)

Rules applicable where an employed or self-employed person is subject successively to the legislation of several Member States during the same period or part of a period

Where an employed or self-employed person has been subject successively to the legislation of two Member States during the period separating two dates for the payment of family benefits as provided for by the legislation of one or both of the Member States concerned, the following rules shall apply:

(a) The family benefits which the person concerned may claim by virtue of being subject to the legislation of each one of these States shall correspond to the number of daily benefits due under the relevant legislation. Where such legislation does not provide for daily benefits, the family benefits shall be granted in proportion to the length of time during which the person concerned has been subject to the legislation of each one of the Member States in relation to the period fixed by the legislation concerned.

(b) Where the family benefits have been provided by an institution during a period when they should have been provided by another institution, there shall be an adjustment of accounts between the said institutions.

(c) For the purposes of subparagraphs (a) and (b), where periods of employment or self-employment completed under the legislation of one Member State are expressed in units different from those which are used for the calculation of family benefits under the legislation of another Member State to which the person concerned has also been subject during the same period, the conversion shall be carried out in accordance with the provisions of Article 15 (3) of the implementing Regulation.

(d) Notwithstanding the provisions of subparagraph (a) in respect of dealings between the Member States listed in Annex 8 to the implementing regulation, the institution bearing the costs of the family benefits by reason of the first employment or self-employment during the period concerned shall bear such costs throughout the entire current period.



TITLE III

IMPLEMENTATION OF THE PROVISIONS OF THE REGULATIONS FOR DETERMINING THE LEGISLATION APPLICABLE



Implementation of Articles 13 to 17 of the Regulation

Article 10b (9)

Formalities pursuant to Article 13 (2) (f) of the Regulation

The date and conditions on which the legislation of a Member State ceases to be applicable to a person referred to in Article 13 (2) (f) of the Regulation shall be determined in accordance with that legislation. The institution designated by the competent authority of the Member State whose legislation becomes applicable to the person shall apply to the institution designated by the competent authority of the former Member State with a request to specify this date.

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Article 10c

Formalities laid down in the event of the application of Article 13(2)(d) of the Regulation to civil servants and persons treated as such

For the application of Article 13(2)(d), the institution designated by the competent authority of the Member State whose legislation is applicable shall issue a certificate stating that the civil servant or the person treated as such is subject to its legislation.

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Article 11

Formalities in the case of the posting elsewhere of an employed person pursuant to Articles 14 (1) and 14b 81) of the Regulation and in the case of Agreements concluded under article 17 of the Regulation

1.  The institutions designated by the competent authority of the Member State whose legislation is to remain applicable shall issue a certificate stating that an employed person shall remain subject to that legislation up to a specific date:

(a) at the request of the employed person or his employer in cases referred to in Articles 14 (1) and 14b (1) of the Regulation;

(b) in cases where article 17 of the Regulation applies.

2.  The consent provided for in cases referred to in Articles 14 (1) (b) and 14b (1) of the Regulation shall be requested by the employer.

Article 11a

Formalities pursuant to Articles 14a (1) and 14b (2) of the Regulation and in the case of Agreements concluded under Article 17 of the Regulation in the case of work carried out in the territory of a Member State other than that in which the person concerned is normally self-employed

1.  The institution designated by the competent authority of the Member State whose legislation is to remain applicable shall issue a certificate stating that the self-employed person shall remain subject to that legislation up to a specified date:

(a) at the request of the self-employed person in cases referred to in Articles 14a (1) and 14b (2) of the Regulation;

(b) in cases where Article 17 of the Regulation applies.

2.  The consent provided for in cases referred to in Articles 14a (1) and 14b (2) of the Regulation shall be requested by the self-employed person.

Article 12

Special provisions concerning insurance of employed persons under the German social security scheme

Where, under the terms of Articles 13 (2) (a), 14 (1) and (2) or 14b (1) of the Regulation, or under an agreement concluded pursuant to Article 17 of the Regulation, German legislation applies to a person employed by an undertaking or employer whose registered office or place of business is not situated on German territory, and the person concerned has no fixed job on German territory, this legislation shall apply as if the person concerned were employed in his place of residence on German territory.

If the employed person has no residence on German territory, German legislation shall apply as if he were employed in a place for which the Allgemeine Ortskrankenkasse Bonn (Local General Sickness Fund of Bonn), Bonn, is competent.

Article 12 a (5)

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Rules applicable in respect of the persons referred to in Article 14(2) and (3), Article 14a(2) to (4) and Article 14c of the Regulation who normally carry out an employed or self-employed activity in the territory of two or more Member States

For the application of the provisions of Article 14(2) and (3), Article 14a(2) to (4) and Article 14c of the Regulation, the following rules shall apply:

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1. 

(a) A person who normally pursues his activity in the territory of two or more Member States or in an undertaking which has its registered office or place of business in the territory of one Member State and which straddles the common frontier of two Member States, or who is employed simultaneously in the territory of one Member State and self-employed in the territory of another Member State shall notify this situation to the institution designated by the competent authority of the Member State in the territory of which he resides.

(b) Where the legislation of the Member State in the territory of which the person resides is not applicable to him, the institution designated by the competent authority of that Member State shall in turn notify the situation to the institution designated by the competent authority of the Member State whose legislation is applicable.

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1(a) Where, in accordance with Article 14(2)(a) of the Regulation, a person who is a member of the travelling or flying personnel of an international transport undertaking is subject to the legislation of the Member State in whose territory the registered office or place of business of the undertaking, or the branch or permanent establishment employing him, is located, or where he resides and is predominantly employed, the institution designated by the competent authority of that Member State shall issue to the person concerned a certificate stating that he is subject to its legislation.

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2. 

(a) Where, in accordance with Article 14 (2) (b) (i) or the first sentence of paragraph 2 of Article 14a of the Regulation, a person who is normally employed or self-employed in the territory of two or more Member States and who pursues part of his activity in the Member State in whose territory he resides is subject to the legislation of that Member State, the institution designated by the competent authority of that Member State shall issue to the person concerned a certificate stating that he is subject to its legislation and shall send a copy thereof to the institution designated by the competent authority of any other Member State:

(i) in the territory of which the person concerned pursues a part of his activity,

and/or

(ii) if he is an employed person, in the territory of which an undertaking or an employer by whom he is employed has its registered office or place of business.

(b) The latter institution shall, where necessary, send to the institution designated by the competent authority of the Member State whose legislation is applicable the information necessary to assess the contributions for which the employer or employers and/or the person concerned are liable by virtue of that legislation.

3. 

(a) Where, in accordance with Article 14 (3) or 14a (3) of the Regulation, a person who is employed in the territory of one Member State by an undertaking which has its registered office or place of business in the territory of another Member State and which straddles the common frontier of those States, or who is self-employed in such an undertaking, is subject to the legislation of the Member State in whose territory the undertaking has its registered office or place of business, the institution designated by the competent authority of the latter Member State shall issue to the person concerned a certificate stating that he is subject to its legislation and shall send a copy thereof to the institution designated by the competent authority of any other Member State:

(i) in the territory of which the person concerned is employed or self-employed;

(ii) in the territory of which the person concerned resides.

(b) Paragraph 2 (b) above shall apply by analogy.

4. 

(a) Where, in accordance with Article 14 (2) (b) (ii) of the Regulation, an employed person who does not reside in the territory of any of the member States in which he is pursuing his activity is subject to the legislation of the Member State in whose territory is situated the registered office or place of business of the undertaking or individual employing him, the institution designated by the competent authority of the latter Member State shall issue to the employed person a certificate stating that he is subject to its legislation and shall send a copy thereof to the institution designated by the competent authority of any other Member State:

(i) in the territory of which the employed person pursues a part of his activity;

(ii) in the territory of which the employed person resides.

(b) Paragraph 2 (b) above shall apply by analogy.

5. 

(a) Where, in accordance with the provisions of the second sentence of paragraph 2 of Article 14a of the Regulation, a person who is normally self-employed in the territory of two or more Member States, but who does not pursue any part of his activity in the territory of the Member State in which he resides, is subject to the legislation of the Member State in whose territory he pursues his principal activity, the institution designated by the competent authority of the Member State in the territory of which he resides shall forthwith inform the institution designated by the competent authorities of the other Member States concerned.

(b) The competent authorities of the Member States concerned or the institutions designated by those competent authorities shall by common agreement determine the legislation applicable to the person concerned, account being taken of the provisions of subparagraph (d) and, where appropriate, of the provisions of Article 14a (4) of the Regulation, within a period of not more than six months counting from the day on which the situation of the person concerned was notified to one of the institutions concerned.

(c) The institution administering the legislation that has been determined as being applicable to the person concerned shall issue a certificate to that person showing that he is subject to that legislation and shall send a copy thereof to the other institutions concerned.

(d) For the purpose of determining, in pursuance of the third sentence of Article 14a (2) of the Regulation, the principal activity of the person concerned, account shall be taken first and foremost of the locality in which the fixed and permanent premises from which the person concerned pursues his activities is situated. Failing this, account shall be taken of criteria such as the usual nature or the duration of the activities pursued, the number of services rendered and the incomearising from those activities.

(e) The institution concerned shall exchange all information necessary to determine both the principal activity of the person concerned and the contributions payable under the legislation that has been determined as being applicable to him.

6. 

(a) Without prejudice to paragraph 5, and in particular to subparagraph (b) thereof, if an institution designated by the competent authority of the Member State whose legislation would be applicable by virtue of Article 14a (2) or (3) of the Regulation establishes that the provisions of paragraph 4 of the said Article apply in the case of the person concerned, it shall notify the competent authorities of the other Member States concerned or the institutions designated by those authorities; where necessary, the legislation to be applicable to the person concerned shall be decided on by common agreement.

(b) The information referred to in paragraph 2 (b) above shall be sent by the other institutions concerned to the institutions designated by the competent authority of the Member State whose legislation is determined to be applicable.

7. 

(a) Where, in accordance with Article 14c (a) of the Regulation, a person who is employed simultaneously in the territory of one Member State, and is self-employed in the territory of another Member State, is subject to the legislation of the Member State in whose territory he is engaged in paid employment, the institution designated by the competent authority of the latter Member State shall issue to the employed person a certificate stating that he is subject to its legislation and shall send a copy thereof to the institution designated by the competent authority of any other Member State:

(i) in the territory of which that person is self-employed;

(ii) in the territory of which that person resides.

(b) Paragraph 2 (b) above shall apply by analogy.

8. Where, in accordance with the provisions of Article 14 14c (b) of the Regulation, a person who is simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State is subject to the legislation of two Member States, the provisions of points 1, 2, 3 and 4 shall be applicable in respect of paid employment, and the provisions of points 1, 2, 3, 5 and 6 shall be applicable mutatis mutandis in respect of self-employment.

The institution designated by the competent authorities of the two Member States, whose legislation is determined to be applicable, shall inform each other accordingly.

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Article 12b

Rules applicable in respect of persons referred to in Articles 14e or 14f of the Regulation

The provisions of Article 12a(1), (2), (3) and (4) shall apply by analogy to those persons covered by Articles 14e or 14f of the Regulation. In cases covered by Article 14f of the Regulation, the institution designated by the competent authorities of the Member States whose legislation is determined to be applicable shall inform each other accordingly.

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Article 13

Exercise of the right of option by persons employed by diplomatic missions and consular posts

1.  The right of option provided for in Article 16 (2) of the Regulation must be exercised in the first instance within the three months following the date on which the employed person was engaged by the diplomatic mission or consular post concerned, or on which he entered into the personal service of agents of such mission or post. The option shall take effect on the date of entry into employment.

When the person concerned renews his right of option at the end of a calendar year, the option shall take effect on the first day of the following calendar year.

2.  The person concerned who exercises his right of option shall inform the institution designated by the competent authority of the Member State for whose legislation he has opted, at the same time notifying his employer thereof. The said institution shall, where necessary, forward such information to all other institutions of the same Member State, in accordance with directives issued by the competent authority of that Member State.

3.  The institution designated by the competent authority of the Member State for whose legislation the person concerned has opted shall issue to him a certificate testifying that he is subject to the legislation of that Member State while he is employed by the diplomatic mission or consular post in question or in the personal service of agents of such mission or post.

4.  Where the person concerned has opted for German legislation to be applied, the provisions of that legislation shall be applied as though he were employed in the place where the German Government has its seat. The competent authority shall designate the competent sickness insurance institution.

Article 14

Exercise of right of option by auxiliary staff of the European Communities

1.  The right of option provided for in Article 16 (3) of the Regulation must be exercised at the time when the contract of employment is concluded. The authority empowered to conclude such contract shall inform the institution designated by the competent authority of the Member State for whose legislation the auxiliary staff member has opted. The said institution shall, where necessary, forward such information to all other institutions of the same Member State.

2.  The institution designated by the competent authority of the Member State for whose legislation the auxiliary staff member has opted shall issue to him a certificate testifying that his is subject to the legislation of that Member State while he is employed by the European Communities as an auxiliary staff member.

3.  The competent authorities of the Member States shall, where necessary, designate the competent institutions in respect of members of the auxiliary staff of the European Communities.

4.  Where an auxiliary staff member, employed in the territory of a Member State other than Germany, has opted for German legislation to be applied, the provisions of that legislation shall be applied as though the auxiliary staff member were employed in the place where the German Government has its seat. The competent authority shall designate the competent sickness insurance institution.



TITLE IV

IMPLEMENTATION OF THE SPECIAL PROVISIONS OF THE REGULATION RELATING TO THE VARIOUS CATEGORIES OF BENEFITS



CHAPTER 1

GENERAL RULES FOR THE AGGREGATION OF PERIODS

Article 15 (A) (5) (11)

1.  In the cases referred to in Articles 18 (1), 38, 45 (1) to (3), 64, and 67 (1) and (2) of the Regulation, aggregation of periods shall be effected in accordance with the following rules:

(a) To periods of insurance or residence completed under the legislation of one Member State shall be added periods of insurance or residence completed under the legislation of any other Member State, to the extent that this is necessary to have recourse thereto in order to supplement periods of insurance or residence completed under the legislation of the first Member State for the purpose of acquiring, retaining, or recovering the rights to benefits, provided that such periods of insurance or residence do not overlap. Where benefits in respect of invalidity, old age or death (pensions) are to be awarded by the institutions of two or more Member States in accordance with the provisions of Article 46 (2) of the Regulation, each of the institutions concerned shall effect a separate aggregation, by taking into account the whole of the periods of insurance or residence completed by the employed or self-employed person under the legislations of all the Member States to which he has been subject, without prejudice, where appropriate, to the provisions of Article 45 (2) and (3) and Article 47 (1) (a) of the Regulation. ►M3  Nevertheless, in the cases referred to in Articles 14c(b) or 14f of the Regulation, the abovementioned institutions shall likewise take account, for the award of benefits, of the periods of insurance or of residence completed under an obligatory insurance scheme under the legislation of the Member States in question which overlap each other. ◄

(b) When a period of insurance or residence completed under compulsory insurance under the legislation of one Member State coincides with a period of insurance completed under voluntary or optional continued insurance under the legislation of another Member State, only the period completed under compulsory insurance shall be taken into account.

(c) When a period of insurance or residence, other than a period treated as such, completed under the legislation of one Member State coincides with a period treated as such under the legislation of another Member State, only the period other than a period treated as such shall be taken into account.

(d) Any period treated as such under the legislations of two or more Member States shall be taken into account only by the institution of the Member State under whose legislation the insured person was last compulsorily insured prior to the said period; where the insured person has not been compulsorily insured under the legislation of a Member State before the said period, the latter shall be taken into account by the institution of the Member State under whose legislation he was compulsorily insured for the first time after the said period.

(e) Where it is not possible to determine accurately the period of time in which certain periods of insurance or residence were completed under the legislation of one Member State, such periods shall be presumed not to overlap with periods of insurance or residence completed under the legislation of another Member State and shall, where advantageous, be taken into account.

(f) Where under the legislation of one Member State certain periods of insurance or residence are taken into account only if they have been completed within a specified time limit, the institution which administers such legislation shall:

(i) only take into account periods of insurance or residence completed under the legislation of another Member State if they were completed within the said time limit,

(ii) extend such a time limit for the duration of periods of insurance or residence completed wholly or partly within the said time limit under the legislation of another Member State, where the periods of insurance or residence involved under the legislation of the second Member State give rise only to the suspension of the time limit within which the periods of insurance or residence must be completed.

2.  Periods of insurance or residence completed under the legislation of a Member State to which the Regulation does not apply, but which are taken into account under the legislation of that Member State to which the Regulation does apply, shall be considered as periods of insurance or residence to be taken into account for the purposes of aggregation.

3.  When periods of insurance completed under the legislation of one Member State are expressed in units different from those used by the legislation of another Member State, the conversion necessary for the purposes of aggregation shall be carried out according to the following rules:

(a) Where the person concerned is an employed person who has been subject to a six-day week or if he is self-employed:

(i) one day shall be equivalent to eight hours and vice versa;

(ii) six days shall be equivalent to one week and vice versa;

(iii) 26 days shall be equivalent to one month and vice versa;

(iv) three months or 13 weeks or 78 days shall be equivalent to one quarter and vice versa;

(v) for the conversion of weeks into months and vice versa the weeks and months shall be converted into days;

(vi) the application of the preceding rules shall not have the effect of producing, for the sum total of the periods of insurance completed during one calendar year, a total exceeding 312 days or 52 weeks or 12 months or four quarters.

(b) If the person concerned is an employed person who has been subject to a five-day week:

(i) one day shall be equivalent to nine hours and vice versa;

(ii) five days shall be equivalent to one week and vice versa;

(iii) 22 days shall be equivalent to one month and vice versa;

(iv) three months or 13 weeks or 66 days shall be equivalent to one quarter and vice versa;

(v) for the conversion of weeks into months and vice versa, the weeks and the months shall be converted into days;

(vi) the application of the preceding rules shall not have the effect of producing, for the sum total of the periods of insurance completed during one calendar year, a total exceeding 264 days or 52 weeks or 12 months for four quarters.

(c) If the person concerned is an employed person who has been subject to a seven-day week:

(i) one day shall be equivalent to six hours and vice versa;

(ii) seven days shall be equivalent to one week and vice versa;

(iii) thirty days shall be equivalent to one month and vice versa;

(iv) three months or 13 weeks or 90 days shall be equivalent to one quarter and vice versa;

(v) for the conversion of weeks into months and vice versa, the weeks and the months shall be converted into days;

(vi) the application of the preceding rules shall not have the effect of producing, for the sum total of the periods of insurance completed during one calendar year, a total exceeding 360 days or 52 weeks or 12 months for four quarters.

Where the periods of insurance completed under the laws of a Member State are expressed in months, the days which correspond to a fraction of a month, in accordance with the conversion rules set out in this paragraph, are considered as an entire month.



CHAPTER 2

SICKNESS AND MATERNITY



Implemention of Article 18 of the Regulation

Article 16

Certification of periods of insurance

1.  In order to invoke the provisions of Article 18 of the Regulation, an employed or self-employed person shall submit to the competent institution a certified statement specifying the periods of insurance completed under the legislation to which he was last subject.

2.  This certified statement shall be issued at the request of the employed or self-employed person by the institution or institutions of the Member State to whose legislation he was last subject. If he does not submit the said certified statement, the competent institution shall obtain it from the institution or institutions concerned.

3.  The provisions of paragraph 1 and 2 shall apply by analogy if it is necessary to take into account periods of insurance previously completed under the legislation of any other Member State in order to satisfy the conditions of the legislation of the competent State.



Implementation of Article 19 of the Regulation

Article 17 (14)

Benefits in kind in the case of residence in a Member State other than the competent State

1.  In order to receive benefits in kind under Article 19 of the Regulation, an employed or self-employed person must register himself and the members of his family with the institution of his place or residence by submitting a certified statement testifying that he and the members of his family are entitled to the said benefits. This certified statement, based upon information supplied by the employer, where appropriate, shall be issued by the competent institution. If the employed or self-employed person or the members of his family do not submit the said certified statement the institution of the place of residence shall obtain it from the competent institutions.

2.  That certified statement shall remain valid until the institution of the place of residence receives notification of its cancellation. However, where the said certified statement has been issued by a German, French, Italian or Portuguese institution, it shall be valid only for a period of one year following the date on which it was issued and must be renewed every year.

3.  If the person concerned is a seasonal worker, the certified statement referred to in paragraph 1 shall be valid for the whole of the expected duration of the seasonal work, unless, in the meanwhile, thecompetent institution notifies the institution of the place of residence of its cancellation.

4.  The institution of the place of residence shall inform the competent institution of every registration effected in accordance with the provisions of paragraph 1.

5.  Upon each application for benefits in kind, the person concerned shall submit the supporting documents required for the granting of benefits in kind under the legislation of the Member State in whose territory he resides.

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▼B

8.  The employed or self-employed person or the members of his family shall inform the institution of the place of residence of any change in their situation which is likely to alter their entitlement to benefits in kind, in particular any cessation or change of the employment or self-employment of the person concerned or any transfer of residence or stay of the employed or self-employed person or of a member of his family. Likewise, should the employed or self-employed person cease to be insured or cease to be entitled to benefits in kind, the competent institution shall inform the institution of the place of residence accordingly. The institution of the place of residence may, at any time, request the competent institution to supply it with any information relating to the employed or self-employed person's insurance or to his entitlement to benefits in kind.

9.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other implementing provisions.

Article 18

Cash benefits in the case of residence in a Member State other than the competent State

1.  In order to receive cash benefits under Article 19 (1) (b) of the Regulation an employed or self-employed person shall, within three days of commencement of the incapacity for work, apply to the institution of the place of residence by submitting a notification of having ceased work, or, if the legislation administered by the competent institution or by the institution of the place of residence so provides, a certificate of incapacity for work issued by the doctor providing treatment for the person concerned.

2.  Where the doctors providing treatment in the country of residence do not issue certificates of incapacity for work, the person concerned shall apply directly to the institution of the place of residence within the time limit fixed by the legislation which it administers.

That institution shall immediately have the incapacity for work medically confirmed and the certificate referred to in paragraph 1 drawn up. Such certificate shall state the probable duration of the incapacity and shall be forwarded to the competent institution forthwith.

3.  In cases where paragraph 2 does not apply, the institution of the place of residence shall, as soon as possible and in any event within the three days following the date on which the person concerned applied to it, have him medically examined as if he were insured with that institution. The report of the examining doctor shall indicate, in particular, the probable duration of the incapacity for work, and shall be forwarded to the competent institution by the institution of the place of residence within the three days following the date of the examination.

4.  The institution of the place of residence shall subsequently carry out any necessary administrative checks or medical examination of the person concerned as if he were insured with that institution. As soon as it establishes that the person concerned is fit to resume work, it shall forthwith notify him and the competent institution accordingly, stating the date on which his incapacity for work ceased. Without prejudice to the provisions of paragraph 6, the notification to the person concerned shall be treated as a decision taken on behalf of the competent institution.

5.  In all cases the competent institution shall reserve the right to have the person concerned examined by a doctor of its own choice.

6.  If the competent institution decides to withhold the cash benefits because the person concerned has not completed the formalities laid down by the legislation of the country of residence, or if it establishes that the person concerned is fit to resume work, it shall notify the person concerned of its decision and shall simultaneously send a copy of such decision to the institution of the place of residence.

7.  When the person concerned resumes work, he shall notify the competent institution accordingly, if such notification is required by the legislation administered by that institution.

8.  The competent institution shall pay cash benefits by the appropriate method, in particular by international money order, and shall inform the institution of the place of residence and the person concerned accordingly. Where cash benefits are paid by the institution of the place of residence on behalf of the competent institution, the latter shall inform the person concerned of his rights and shall notify the institution of the place of residence of the amount of the cash benefits, the dates for payment, and the maximum period during which they should be granted, in accordance with the legislation of the competent State.

9.  Two or more Member States, or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other implementing provisions.



Implementation of Article 20 of the Regulation

Article 19

Special provisions for frontier workers and members of their families

In the case of frontier workers or members of their families, medicinal products, bandages, spectacles and small appliances may be issued, and laboratory analyses and tests carried out, only in the territory of the Member State in which they were prescribed, in accordance with the provisions of the legislation of that Member State, except where the legislation administered by the competent institution or an agreement concluded between the Member States concerned or the competent authorities of those Member States is more favourable.



Application of the second indent of Article 21 (2) of the Regulation

Article 19a (15)

Benefits in kind in the event of a stay in the competent State — Members of the family resident in the Member State other than that in which the employed or self-employed person resides

1.  In order to receive benefits in kind under the terms of Article 21 of the Regulation, members of the family shall present to the institution at the place of stay a certificate stating that they are entitled to the said benefits. This certificate, which shall be provided by the institution of the place of residence of the members of the family, if possible prior to their leaving the territory of the Member State on which they reside, shall, in particular, indicate where appropriate the maximum period for granting benefits in kind, as laid down by the legislation of that Member State. If the members of the family do not present the said certificate, the institution at the place of stay shall contact theinstitution of the place of residence in order to obtain it.

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2.  Article 17(9) of the implementing Regulation shall apply by analogy.

▼B



Implementation of Article 22 of the Regulation

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Article 21

Benefits in kind in the case of a stay in a Member State other than the competent State

1.  In order to receive benefits in kind under Article 22(1)(a)(i) of the Regulation, an employed or self-employed person shall submit to the care provider a document issued by the competent institution certifying that he is entitled to benefits in kind. That document shall be drawn up in accordance with Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the competent institution a certified statement testifying that the person concerned is entitled to benefits in kind.

A document issued by the competent institution for entitlement to benefits in accordance with Article 22(1)(a)(i) of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of the persons insured with the institution of the place of stay.

2.  Article 17(9) of the implementing Regulation shall apply by analogy.

▼B

Article 22

Benefits in kind for employed or self-employed persons who transfer their residence or return to their country of residence, and for employed or self-employed persons authorized to go to another Member State for medical treatment

1.  In order to receive benefits in kind under Article 22 (1) (b) (i) of the Regulation, an employed or self-employed person shall submit to the institution of the place of residence a certified statement testifying that he is entitled to continue receiving the said benefits. The certified statement, which shall be issued by the competent institution, shall specify in particular, where necessary, the maximum period during which such benefits may continue to be provided, in accordance with the provisions of the legislation of the competent State. The certified statement may, at the request of the person concerned, be issued after his departure if, for reasons of force majeure, it cannot be drawn up beforehand.

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2.  Article 17(9) of the implementing Regulation shall apply by analogy.;

▼B

3.  Paragraphs 1 and 2 shall apply by analogy in respect of the provisions of benefits in kind in the case referred to in Article 22 (1) (c) (i) of the Regulation.

Article 23

Benefits in kind for members of the family

The provisions of Article 21 or 22 of the implementing Regulation, as appropriate, shall apply by analogy in respect of the granting of benefits in kind to members of the family as provided for in Article 22 (3) of the Regulation.

▼M10

However, in the cases referred to in the second subparagraph of Article 22(3) of the Regulation, the institution of the place of residence and the legislation of the country of residence of the members of the family shall be considered, respectively, as the competent institution and as the legislation of the competent State for the purposes of Articles 17(9), 21 and 22 of the implementing Regulation.

▼B

Article 24

Cash benefits for employed or self-employed persons in the case of a stay in a Member State other than the competent State

The provisions of Article 18 of the implementing Regulation shall apply by analogy in respect of the receipt of cash benefits under Article 22 (1) (a) (ii) of the Regulation. However, without prejudice to the obligation to submit a certificate of incapacity for work, an employed or self-employed person who is staying in the territory of a Member State without pursing any employment or self-employment there, shall not be required to submit the notification of having ceased work referred to in Article 18 (1) of the implementing Regulation.



Implementation of Article 23 (3) of the Regulation

Article 25

Certified statement relating to the members of the family to be taken into account in the calculation of cash benefits

1.  In order to receive benefits under the provisions of Article 23 (3) of the Regulation, an employed or self-employed person shall submit to the competent institution a certified statement relating to the members of his family who are resident in the territory of a Member State other than that wherein the said institutionis situated.

2.  This certified statement shall be issued by the institution of the place of residence of the members of the family.

It shall be valid for the 12 months following the date of its issue. It may be renewed; in such a case, it shall be valid from the date of its renewal.

The person concerned shall immediately notify the competent institution of any occurrence necessitating an amendment to the said certified statement. Such amendment shall take effect from the date of such occurrence.

3.  In place of the certified statement provided for in paragraph 1, the competent institution may require the person concerned to produce recent civil status documents relating to the members of his family who are resident in the territory of a Member State other than that wherein the said institutions is situated.



Implementation of Article 25 (1) of the Regulation

Article 26

Benefits for unemployed persons who go to a Member State other than the competent State in order to seek employment there

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1.  In order to receive benefits in kind under Article 25(1)(a) and (1a) of the Regulation, an unemployed person or a family member accompanying him shall submit to the care provider a document issued by the competent institution certifying that he is entitled to benefits in kind. That document shall be drawn up in accordance with the provisions of Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the competent institution a certified statement testifying that the person concerned is entitled to benefits in kind.

A document issued by the competent institution for entitlement to benefits in accordance with Article 25(1)(a) of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of persons insured with the institution of the place to which the unemployed person has gone.

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1a.  In order to receive benefits in cash under Article 25(1)(b) of the Regulation for himself and for members of his family, an unemployed person shall submit to the insurance institution of the place where he has gone a certified statement for which, prior to his departure, he shall have applied to the competent insurance institution. If the unemployed person does not submit that certified statement, the institution of the place to which he has gone shall obtain it from the competent institution. That certified statement must testify the existence of the right to the benefits in question under the conditions set out in Article 69(1) (a) of the Regulation, indicate the duration of such right taking into account the provisions of Article 69(1)(c) of the Regulation and, in the case of incapacity for work or hospitalisation, specify the amount of cash benefits to be provided, where appropriate, by way of sickness insurance during the abovementioned period.

▼B

2.  The unemployment insurance institution of the place where the unemployed person has gone shall testify, on a copy of the certified statement referred to in Article 83 of the implementing Regulation which shall be sent to the sickness insurance institution of that same place, that the conditions laid down in Article 69 (1) (b) of the Regulation have been fulfilled and shall specify the date from which they were fulfilled, and the date from which the unemployed person shall receive unemployment insurance benefits at the expense of the competent institution.

This certified statement shall be valid for the period laid down in Article 69 (1) (c) of the Regulation, for as long as the conditions are fulfilled. The unemployment insurance institution of the place where the unemployed person has gone shall, within three days, inform the said sickness insurance institution if the conditions are no longer satisfied.

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3.  Article 17(9) of the implementing Regulation shall apply by analogy.

▼B

4.  In order to receive the cash benefits provided for by the legislation of the competent State, the unemployed person shall, within three days, send a certificate of incapacity for him, to the sickness insurance institution of the place to which he has gone. He shall also state the date up to which he has received sickness insurance benefits and his address in the country where he is.

5.  The sickness insurance institution of the place to which the unemployed person has gone shall, within three days, notify the competent sickness insurance institution, as well as the institution where the unemployed person is registered as seeking employment, of the date when the incapacity for work began and ended.

6.  In the cases defined in Article 25 (4) of the Regulation, the sickness insurance institution of the place to which the unemployed person has gone shall inform the competent sickness insurance institution and the competent unemployment insurance institution that it considers that the conditions justifying the extension of the period during which benefits in cash and in kind may be granted are satisfied, stating the grounds on which its opinion is based, and shall attach to the communication it sends to the competent sickness insurance institution a detailed report from the examining doctor on the condition of the patient, indicating the probable period during which the conditions for applying Article 25 (4) of the Regulation will exist. The competent sickness insurance institution shall then take the decision as to the extension of the period during which benefits may be granted to the sick unemployed person.

7.  The provisions of Article 18 (2), (3), (4), (5), (6), (8) and (9) of the implementing Regulation shall apply by analogy.



Implementation of Article 25 (3) of the Regulation

Article 27

Benefits in kind for members of the family of unemployed persons in the case of residence in a Member State other than the competent State

The provisions of Article 17 of the implementing Regulation shall apply by analogy in respect of the granting of benefits in kind to the members of the family of unemployed persons when such members of the family are resident in the territory of a Member State other than the competent State. At the time of the registration of the members of the family of unemployed persons receiving benefits under the provisions of Article 69 (1) of the Regulation the certified statement referred to in Article 26 (1) of the implementing Regulation must be produced. This certified statement shall be valid for the period of time during which the benefits may be granted under Article 69 (1) of the Regulation.



Implementation of Article 26 of the Regulation

Article 28

Benefits in kind for pension claimants and for members of their families

1.  In order to receive benefits in kind in the territory of the Member State in which he resides, under Article 26 (1) of the Regulation, a claimant and the members of his family shall register with the institution of the place of residence by submitting a certified statement testifying that he is entitled under the legislation of another Member State to the said benefits for himself and for the members of his family. This certified statement shall be issued by the institution of that other Member State which is responsible for benefits in kind.

2.  The institution of the place of residence shall inform the institution which has issued the certified statement of every registration effected in accordance with paragraph 1.



Implementation of Articles 28 and 28a of the Regulation

Article 29

Benefits in kind for pensioners and members of their families who are not resident in a Member State under whose legislation they receive a pension and are entitled to benefits

1.  In order to receive benefits in kind in the territory of the Member State in which he resides, under Articles 28 (1) and 28a of the Regulation, a pensioner and the members of his family ►M2  residing in the same Member State ◄ shall register with the institution of the place of residence by submitting a certified statement testifying that he is entitled to the said benefits for himself and for the members of his family, under the legislation or one of the legislations under which a pension is payable.

2.  This certified statement shall be issued, at the request of the pensioner, by the institution or one of the institutions responsible for payment of the pension or, where appropriate, by the institution empowered to determine entitlement to benefits in kind, as soon as the pensioner satisfies the conditions for acquisition of the right to such benefits. If the pensioner does not submit the certified statement, the institution of the place of residence shall obtain it from the institution or institutions responsible for payment of the pension, or, where appropriate, from the institution empowered to issue such certified statement. Whilst awaiting the receipt of this certified statement the institution of the place of residence may, in the light of the documentary evidence accepted by it, register the pensioner and the members of his family ►M2  residing in the same Member State ◄ provisionally. This registration shall bind the institution responsible for the payment of benefits in kind only if this latter institution has issued the certified statement provided for in paragraph 1.

3.  The institution of the place of residence shall inform the institution which has issued the certified statement provided for in paragraph 2 of every registration effected in accordance with the provisions of the said paragraph.

4.  When an application is made for benefits in kind it must be proved to the institution of the place of residence, by means of the receipt or the counterfoil of the money order of the last payment made, that the pensioner is still entitled to a pension.

5.  The pensioner or the members of his family ►M2  residing in the same Member State ◄ shall inform the institution of the place of residence of any entitlement to benefits in kind, in particular any suspension or withdrawal of the pension and any transfer of their residence. The institutions responsible for the pension shall also inform the institution of the pensioners place of residence of any such change.

6.  The Administrative Commission shall, to the extent necessary, fix the procedure for determining the institution which shall bear the cost of the payment of benefits in kind, in the case referred to in Article 28 (2) (b) of the Regulation.



Implemention of Article 29 of the Regulation

Article 30 (14)

Benefits in kind for members of the family who are resident ►M2  outside the competent Member State ◄ in a Member State other than the State in which the pensioner is resident

1.  In order to receive benefits in kind, in the territory of the Member State in which they reside, under Article 29 (1) of the Regulation, the members of the family shall register with the institution of their place of residence by submitting the documentary evidence required by the legislation which that institution administers for the granting of such benefits to members of the family of a pensioner, together with a certified statement testifying that the pensioner is entitled to benefits in kind for himself and for the members of his family. ►M2  This certified statement, which shall be issued by the institution or by one of the institutions responsible for paying the pension, or, where applicable, the institution empowered to decide on entitlement to benefits in kind, shall remain valid as long as the institution of the place of residence of the members of the family has not been notified of its cancellation ◄ . ►M2  If the members of the family do not present a certified statement, the institution of the place of residence shall, in order to obtain it, contact the institution or institutions responsible for paying the pension or, where applicable, the institution empowered to do so. ◄ However, where the said certified statement has been issued by a German, French, Italian or Portuguese institution, it shall be valid only for a period of one year following the date on which it was issued and must be renewed every year.

2.  When making an application for benefits in kind the members of the family shall submit to the institution of their place of residence the certified statement referred to in paragraph 1, if the legislation which that institution administers provides that such an application must be accompanied by evidence of entitlement to a pension.

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3.  The institution which has issued the certified statement referred to in paragraph 1 shall inform the institution of the place of residence of the members of the family of the suspension or withdrawal of the pension. The institution of the place of residence of the members of the family may, at any time, request the institution which has issued the certified statement to supply it with any information related to entitlement to benefits in kind.

▼B

4.  The members of the family shall inform the institution of their place of residence of any change in their situation which is likely to alter their entitlement to benefits in kind, in particular any transfer of residence.

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5.  The institution of the place of residence shall inform the institution which issued the statement referred to in paragraph 1 of any registration it has carried out, in accordance with the provisions of that paragraph.

▼B



Implementation of Article 31 of the Regulation

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Article 31

Benefits in kind for pensioners and members of their families staying in a Member State other than the one in which they reside

1.  In order to receive benefits in kind under Article 31 of the Regulation, a pensioner shall submit to the care provider a document issued by the institution of the place of residence certifying that he is entitled to the benefits in kind. That document shall be drawn up in accordance with Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the institution of the place of residence a certified statement testifying that the person concerned is entitled to benefits in kind.

A document issued by the competent institution for entitlement to benefits in accordance with Article 31 of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of persons insured with the institution of the place of stay.

2.  Article 17(9) of the implementing Regulation shall apply by analogy.

3.  Paragraphs 1 and 2 shall apply by analogy in respect of the granting of benefits in kind to the members of the family covered by Article 31 of the Regulation. If these family members reside in the territory of a Member State other than that of the pensioner, the document referred to in paragraph 1 shall be issued by the institution of their place of residence.

▼B



Implementation of Article 35 (1) of the Regulation

Article32

Institution to which workers in mines and similar undertakings and members of their families may apply when staying or residing in a Member State other than the competent State

1.  In the cases referred to in Article 35 (1) of the Regulation and where, in the country of stay or residence, the benefits provided under the insurance scheme for sickness or maternity covering manual workers in the steel industry are equivalent to those provided under the special scheme for workers in mines and similar undertakings, workers belonging to the latter category and members of their families may apply to the nearest institution in the territory of the Member State in which they are staying or residing, specified in Annex 3 to the implementing Regulation, even if the latter is an institution of the scheme applicable to manual workers in the steel industry, which institution shall then provide such benefits.

2.  Where the benefits provided under the special scheme for workers in mines and similar undertakings are more advantageous, such workers or the members of their families shall have the option of applying either to the institution responsible for the administration of that scheme, or to the nearest institution in the territory of the Member State in which they are staying or residing which administers the scheme for manual workers in the steel industry. In the latter case, the institution in question shall draw the attention of the person concerned to the fact that by applying to the institution responsible for the administration of the abovementioned special scheme, he will obtain more advantageous benefits; it must, furthermore, inform him of the name and address of such institution.



Implementation of Article 35 (2) of the Regulation

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Implementation of Article 35 (4) of the Regulation

Article 33

Taking account of the period during which benefits have already been provided by the institution of another Member State

For the purposes of implementing the provisions of Article 35 (4) of the Regulation, the institution of a Member State called upon to provide benefits may request the institution of another Member State to supply it with information relating to the period during which the latter institution has already provided benefits for the same case of sickness or maternity.



Refund by the competent institution of one Member State of expenses incurred during a stay in another Member State

Article 34 (12)

1.  If it is not possible during an employed or self-employed person's stay in a Member State other than the competent State to complete the formalities provided for in Articles 20 (1) and (4) and 21, 23 and 31 of the implementing Regulation, his expenses shall, upon his application, be refunded by the competent institution in accordance with the refund rates administered by the institution of the place of stay.

2.  The institution of the place of stay shall, at the request of the competent institution, supply it with the necessary information about such rates.

If the institution of the place of stay and the competent institution are bound by an agreement providing either that no refund, or that a lump-sum refund of benefits provided, in pursuance of Articles 22 (1) (a) (i) and 31 of the Regulation, be made, the institution of the place of stay shall, in addition, be required to transfer to the competent institution the amount to be refunded to the person concerned in pursuance of the provisions of paragraph 1.

3.  Where major expenses are involved, the competent institution may pay an appropriate advance to the person concerned as soon as that person submits to the said institution the claim for refund.

4.  Notwithstanding paragraphs 1, 2 and 3, the competent institution may effect the reimbursement of expenses incurred in accordance with the rates it administers provided that it is possible to make a refund in accordance with these rates, that the expenses to be refunded do not exceed a level determined by the Administrative Commission and that the employed person or self-employed person or pensioner agrees to the application of this provision. In any case, the amount of reimbursement shall not exceed the amount of the expenses actually incurred.

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5.  If the legislation of the State of stay does not provide for rates of reimbursement, the competent institution may effect the reimbursement in accordance with the rates it administers, without the agreement of the person concerned being necessary. In no case shall the amount of reimbursement exceed the amount of the expenses actually incurred.

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CHAPTER 3

INVALIDITY, OLD-AGE AND DEATH (PENSIONS)



Submission and investigation of claims for benefits

Article 35 (11)

Applications for invalidity benefits where an employed person or a self-employed person has been subject only to the legislations mentioned in part A of Annex IV to the Regulation and also in the case referred to in Article 40 (2) of the Regulation

1.  In order to receive benefits under Articles 37, 38 and 39 of the Regulation, including the cases referred to in Articles 40 (2), 41 (1) and 42 (2) of the Regulation, an employed or self-employed person shall submit a claim either to the institution of the Member State to whose legislation he was subject at the time of occurrence of the incapacity for work followed by invalidity or the aggravation of such invalidity, or to the institution of the place of residence, which shall then forward the claim to the first institution, indicating the date on which it was submitted; this date shall be regarded as the date of the submission of the claim to the first institution. However, if sickness insurance cash benefits have been granted, the date on which such cash benefits ceased to be granted must, where appropriate, be regarded as the date of submission of the pension claim.

2.  In the case referred to in Article 41 (1) (b) of the Regulation, the institution with which the employed or self-employed person was last insured shall notify the amount and the operative date of the benefits due under the legislation which it administers to the institution initially responsible for payment of the benefits. With effect from that date, the benefits due prior to the aggravation of the invalidity shall be cancelled or reduced to an amount not exceeding the supplement referred to in Article 41 (1) of the Regulation.

3.  The provisions of paragraph 2 shall not apply in the case referred to in Article 41 (1) (d) of the Regulation. In this case, the institution with which the claimant was last insured shall apply to the Netherlands institution in order to ascertain the amount due from that institution.

Article 36

Claims for old-age and survivors' benefits (excluding orphans' benefits) and invalidity benefits in cases not referred to in Article 35 of the implementing Regulation

1.  In order to receive benefits under Articles 40 to 51 of the Regulation, except in the cases referred to in Article 35 of the implementing Regulation, the person concerned shall submit a claim to the institution of the place of residence in accordance with the procedure provided for by the legislation administered by that institution. If the employed or self-employed person has not been subject to that legislation, the institution of the place of residence shall forward the claim to the institution of the Member State to whose legislation he was last subject, indicating the date on which the claim was submitted. That date shall be regarded as the date on which the claim was submitted to the latter institution.

2.  Where a claimant resides in the territory of a Member State to whose legislation the employed or self-employed person has not been subject, he may submit his claim to the institution of the Member State to whose legislation the employed or self-employed person was last subject.

3.  Where a claimant resides in the territory of a State which is not a Member State, he shall submit his claim to the competent institution of that Member State to whose legislation the employed or self-employed person was last subject.

Should the claimant submit his claim to the institution of the Member State of which he is a national, the latter shall forward suchclaim to the competent institution.

4.  A claim for benefits sent to the institution of one Member State shall automatically involve the concurrent award of benefits under the legislation of all the Member States in question whose conditions the claimant satisfies except where, under Article 44 (2) of the Regulation, the claimant asks for postponement of any old-age benefits to which he would be entitled under the legislation of one or more Member States.

Article 37

Documents and information which should accompany claims to the benefits referred to in article 36 of the implementing Regulation

The submission of the claims referred to in Article 36 of the implementing Regulation shall be subject to the following rules:

(a) the claim must be accompanied by the required supporting documents and must be made on the form provided for by the legislation:

(i) of the Member State on whose territory the claimant resides, in the case referred to in Article 36 (1);

(ii) of the Member State to which the employed or self-employed person was last subject, in the cases referred to in Article 36 (2) and (3);

(b) the accuracy of the information supplied by the claimant must be established by official documents attached to the claim form, or confirmed by the competent bodies of the Member State in whose territory the claimant resides;

(c) the claimant must indicate, in so far as is possible, either the institution or institutions administering insurance in respect of invalidity, old-age or death (pensions) of any Member State with which the employed or self-employed person has been insured, or in the case of an employed person the employer or employers for whom he has worked in the territory of any Member State, by producing any employment certificates which he may have in his possession;

(d) if, under Article 44 (2) of the Regulation, the claimant asks for the postponement of the award of any old-age benefits to which he would be entitled under the legislation of one or more member States he must specify the legislation under which he is claiming benefits.

Article 38

Certified statements of the members of the family to be taken into account when establishing the amount of the benefit

1.  In order to receive benefits under the provisions of Article 39 (4) or 47 (3) of the Regulation, the claimant shall submit a certified statement relating to the members of his family, his children excepted, who are residing in the territory of a Member State other than in which the institution responsible for the award of benefits is situated.

This certified statement shall be issued by the sickness insurance institution of the place of residence of the members of the family, or by another institution designated by the competent authority of the Member State in whose territory they are resident. The provisions of the second and third subparagraphs of Article 25 (2) of the implementing Regulation shall apply by analogy.

In place of the certified statement provided for in the first subparagraph, the institution responsible for the award of benefits may require the claimant to supply recent civil status documents relating to the members of his family, his children excepted, who are residing in the territory of a Member State other than the State in which the said institution is situated.

2.  In the case referred to in paragraph 1, if the legislation administered by the institution concerned requires that the members of the family should live under the same roof as the pensioner, the fact that the said members of the family who do not satisfy that condition are nevertheless mainly dependent on the claimant must be established by documents proving the regular transmission of part of the claimant's earnings.

Article 39 (11)

Investigation of applications for invalidity benefits where an employed person or a self-employed person has been subject only to the legislations mentioned in part A of Annex IV to the Regulation

1.  If an employed or self-employed person has submitted a claim for invalidity benefits, and the institution establishes that the provisions of Article 37 (1) of the Regulation apply, that institution shall, where necessary, obtain from the institution with which the person concerned was last insured a certified statement of the periods of insurance completed by him under the legislation administered by the last institution.

2.  Where it is necessary to take into account periods of insurance previously completed under the legislation of any other Member State in order to satisfy the conditions of the legislation of the competent State, the provisions of paragraph 1 shall apply by analogy.

3.  In the case referred to in Article 39 (3) of the Regulation, the institution which has investigated the claimant's case shall forward his file to the institution with which the person concerned was last insured.

4.  Articles 41 to 50 of the implementing Regulation shall not apply to the investigation of claims referred to in paragraphs 1, 2 and 3.

Article 40

Determination of the degree of invalidity

In order to determine the degree of invalidity, the institution of the Member State shall take into consideration the documents and medical reports and the information of an administrative nature obtained by the institution of any other Member State. Each institution shall, however, retain the right to have the claimant examined by a doctor of its own choice except where the provisions of Article 40 (4) of the Regulation apply.



Investigation of claims for benefits in respect of invalidity, old age and survivors in the cases referred to in Article 36 of the implementing Regulation

Article 41

Determination of the investigating institutions

1.  Claims for benefit shall be investigated by the institution to which they have been sent or forwarded in accordance with the provisions of Article 36 of the implementing Regulation. This institution is hereinafter referred to as the ‘investigating institution’.

2.  The investigating institution shall forthwith notify claims for benefits to all the institutions concerned on a special form, so that the claims may be investigated simultaneously and without delay by all these institutions.

Article 42

Forms to be used for the investigation of claims for benefits

1.  When investigating claims for benefits the investigating institution shall use a form which will include, in particular, a statement and a summary of the periods of insurance or residence completed by the employed or self-employed person under the legislation of all the Member States concerned.

2.  These forms, when forwarded to the institution of any other Member State, shall take the place of supporting documents.

Article 43

Procedure to be followed by the institution concerned in the investigation of a claim

1.  The investigating institution shall enter on the form provided for in Article 42 (1) of the implementing Regulation the periods of insurance or residence completed under the legislation which it administers and it shall forward a copy of that form to the institution administering insurance in respect of invalidity, old-age or death (pensions) of any Member State with which the employed or self-employed person has been insured enclosing, where appropriate, any employment certificates produced by the claimant.

2.  Where only one other institution is involved, that institution shall complete the said form by indicating:

(a) the periods of insurance or residence completed under the legislation which it administers;

(b) the amount of benefit which the claimant could claim in respect of those periods of insurance or residence only;

(c) the theoretical amount and the actual amount of benefits calculated in accordance with the provisions of Article 46 (2) of the Regulation.

The form, thus completed, shall be returned to the investigating institution.

If a right to benefits is acquired taking into account only the periods of insurance or residence completed under the legislation administered by the institution of the second Member State, and ifthe amount of benefit corresponding to those periods can be determined without delay, whereas the calculation procedure referred to in subparagraph (c) requires an appreciably longer period of time, the form shall be returned to the investigating institution with the information referred to in subparagraphs (a) and (b); the information referred to in subparagraph (c) shall be forwarded to the investigating institution as soon as possible.

3.  If two or more other institutions are involved, each one of those institutions shall complete the said form by indicating the periods of insurance or residence completed under the legislation which it administers, and shall return it to the investigating institution.

If a right to benefits is acquired taking into account only the periods of insurance or residence completed under the legislation administered by one or more of those institutions, and if the amount of benefit corresponding to those periods can be determined without delay, the investigating institution shall be simultaneously notified of that amount and of the periods of insurance or residence; if the determination of the said amount involves some delay, the investigating institution shall be notified of that amount as soon as it has been determined.

On receipt of all the forms giving information concerning periods of insurance or residence and, where appropriate, the amount or amounts due under the legislation of one or more of the Member States concerned, the investigating institution shall forward a copy of the forms thus completed to each of the institutions concerned which shall specify thereon the theoretical amount and the actual amount of the benefits, calculated in accordance with the provisions of Article 46 (2) of the Regulation, and shall return the form to the investigating institution.

4.  As soon as the investigating institution, upon receipt of the information referred to in paragraphs 2 or 3, establishes the fact that the provisions of Article 40 (2) or 48 (2) or (3) of the Regulation should be applied, it shall inform the other institutions concerned accordingly.

5.  In the case provided for in Article 37 (d) of the implementing Regulation, the institutions of the Member States to whose legislation the claimant has been subject but to which he has applied for postponement of the award of the benefits shall enter on the form provided for in Article 42 (1) of the implementing Regulation only the periods of insurance or residence completed by the claimant under the legislation which they administer.

Article 44

Institution empowered to take a decision relating to the degree of invalidity

1.  Subject to the provisions of paragraphs 2 and 3, only the investigating institution shall be empowered to take the decision referred to in Article 40 (4) of the Regulation concerning the degree of invalidity of the claimant. It shall take such a decision as soon as it is in a position to determine whether, taking account, where appropriate, of the provisions of Article 45 of the Regulation, the conditions for entitlement fixed by the legislation which it administers are fulfilled. It shall notify such decision forthwith to the other institutions concerned.

2.  If, taking account of the provisions of Article 45 of the Regulation, the conditions for entitlement, other than those relating to the degree of invalidity, laid down by the legislation administered by the investigating institution are not fulfilled, that institution shall immediately notify the competent institution in respect of invalidity of the other Member State to whose legislation the employed or self-employed person was last subject. This institution shall, if the conditions for entitlement laid down by the legislation which it administers are fulfilled, be empowered to take the decision relating to the degree of invalidity of the claimant; it shall forthwith notify that decision to the other institutions concerned.

3.  Where necessary, the matter may have to be referred back, under the same conditions, to the competent institution in respect of invalidity of the Member State to whose legislation the employed or self-employed person was first subject.

Article 45

Provisional payment of benefits and advance payments of benefits

1.  If the investigating institution establishes that the claimant is entitled to benefits under the legislation which it administers without having recourse to periods of insurance or residence completed under the legislation of other Member States, it shall pay such benefits immediately on a provisional basis.

2.  If the claimant is not entitled to benefits under paragraph 1 but, from information supplied to the investigating institution pursuant to Article 43 (2) or (3) of the implementing Regulation, it transpires that a right to benefits is acquired under the legislation of another Member State taking into account only the periods of insurance or residence completed under that legislation, the institution which administers the said legislation shall pay such benefits on a provisional basis as soon as the investigating institution has informed it of its obligation to do so.

3.  If, in the case referred to in paragraph 2, a right to benefits is acquired under the legislation of more than one Member State, taking into account only those periods of insurance or residence completed under each one of those legislations, the payment of benefits on a provisional basis shall be the responsibility of the institution which in the first place informed the investigating institution of the existence of such a right; it shall be the duty of the investigating institution to inform the other institutions concerned.

4.  The institution required to pay benefits under paragraph 1, 2 or 3 shall forthwith inform the claimant of the fact, drawing his attention explicitly to the provisional nature of the measure taken and to the fact that is not open to appeal.

5.  If no benefit is payable to the claimant on a provisional basis under paragraph 1, 2 or 3, but it transpires from information received that a right is acquired under Article 46 (2) of the Regulation, the investigating institution shall pay him an appropriate recoverable advance, the amount of which shall be as close as possible to the amount he will probably be awarded under Article 46 (2) of the Regulation.

6.  Two Member States or the competent authorities or those member States may agree to apply other methods of payment of benefits on a provisional basis in cases where only the institutions of those States are concerned. Any such agreements which are concluded on this subject shall be notified to the Administrative Commission.

Article 46 (11)

Amounts due for periods of voluntary insurance or optional continued insurance, which must not be taken into consideration under Article 15 (1) (b) of the implementing Regulation.

For the calculation of the theoretical amount and of the actual amount of the benefit in accordance with Article 46 (2) (a) and (b) of the Regulation, the rules laid down in Article 15 (1), (b), (c) and (d) of the implementing Regulation shall be applicable.

The amount actually due, calculated in accordance with Article 46 (2) of the Regulation, shall be increased by the amount which corresponds to the periods of voluntary or optional continued insurance, which have not been taken into account under Article 15 (1) (b) of the implementing Regulation. This increase shall be calculated in accordance with the provisions of the Member State's legislation under which the periods of voluntary insurance or of optional continued insurance have been completed.

The comparison referred to in Article 46 (3) of the Regulation must be made bearing the aforesaid increase in mind.

Article 47 (11)

Calculation of the amounts due corresponding to the periods of voluntary or optional continued insurance

In accordance with the legislation it applies, the institution of each Member State shall calculate the amount corresponding to the periods of voluntary or optional continued insurance which, under Article 46a (3) (c) of the Regulation, is not subject to the provisions for withdrawal, reduction or suspension of another Member State.

Article 48 (11)

Notification to the claimant of the decisions of the institutions

1.  The final decision taken by each of the institutions concerned shall be notified to the investigating institution. Each of these decisions must specify the grounds and time-limits for appeal provided for by the legislation in question. When all these decisions have been received, the investigating institution shall communicate them to the claimant in his own language by means of a summarized statement to which the aforesaid decisions shall be appended. Periods allowed for appeals shallcommence only on the date of receipt of the summarized statement by the claimant.

2.  On dispatch to the claimant of the summarized statement provided for in paragraph 1, the investigating institution shall simultaneously forward a copy to each one of the institutions concerned, enclosing with it a copy of the decisions of the other institutions.

Article 49 (11)

Recalculation of benefits

1.  For the purpose of implementing Article 43 (3) and (4), Article 49 (2) and (3) and Article 51 (2) of the Regulation, the provisions of Article 45 of the implementing Regulation shall apply mutatis mutandis.

2.  In the event of recalculation, withdrawal or suspension of a benefit, the institution which has taken such a decision shall immediately notify the person concerned and each of the institutions on which the person concerned has a claim, if necessary through the good offices of the investigating institution. The decision must specify the grounds and time-limits for appeal provided for by the legislation in question. Periods allowed for appeals shall commence only on the date of receipt of the decision by the person concerned.

Article 50

Measures designed to accelerate the award of benefits

1.  

(a) 

(i) Where an employed or self-employed person who is a national of one Member State becomes subject to the legislation of another Member State, the competent institution in respect of pensions of the latter Member State shall, using all the means at its disposal and at the time of registration of the person concerned, forward to the body designated by the competent authority of that same Member State, all information relating to the identification of the person concerned and the name of the said competent institution and the insurance number allotted by the latter

(ii) Moreover, the competent institution referred to in subparagraph (i) shall also, as far as possible, forward to the body designated under the provisions of subparagraph (i) any other information which may facilitate and accelerate the award of the pensions.

(iii) Such information shall be forwarded, under conditions fixed by the Administrative Commission, to the body designated by the competent authority of the Member State concerned.

(iv) For the implementation of the provisions of subparagraphs (i), (ii) and (iii), stateless persons and refugees shall be deemed to be nationals of the member State to whose legislation they were first subject.

(b) The institutions concerned shall, at the request of the person concerned or of the institution with which he is currently insured, draw up his insurance history starting not later than one year before the date on which he will reach pensionable age.

2.  The Administrative Commission shall fix the methods for implementing the provisions of paragraph 1.



Administrative checks and medical examinations

Article 51

1.  When a person in receipt of benefits, in particular:

(a) invalidity benefits;

(b) old-age benefits awarded in the event of unfitness for work;

(c) old-age benefits awarded to elderly unemployed persons;

(d) old-age benefits awarded in the event of cessation of a professional or trade activity;

(e) survivors' benefits awarded in the event of invalidity or unfitness for work;

(f) benefits awarded on condition that the means of the recipient do not exceed a prescribed limit,

is staying or residing in the territory of a Member State other than the State in which the institution responsible for payment is situated, administrative checks and medical examinations shall be carried out, at the request of that institution, by the institution of the place of stay or residence of the recipient in accordance with the procedures laid down by the legislation administered by the latter institution. The institution responsible for payment shall, however, reserve the right to have the recipient examined by a doctor of its own choice.

2.  If it is established that the recipient referred to in paragraph 1 is employed or self-employed or has means in excess of the prescribed limit while receiving benefits, the institution of the place of stay or residence shall send a report to the institution responsible for payment which has requested the check or examination. This report shall indicate in particular the nature of the employment or self-employment pursued by the person concerned, the amount of earnings or means which he has had during the last complete quarter, the normal earnings obtained in the same area by an employed person or a self-employed person at the same level as the person concerned in the occupation which he followed before becoming an invalid over a reference period to be determined by the institution responsible for payment and, where appropriate, the opinion of a medical expert on the state of health of the person concerned.

Article 52

When, after suspension of the benefits which he was receiving, the person concerned recovers his right to benefits whilst residing in the territory of a Member State other than the competent State, the institutions concerned shall exchange all relevant information with a view to the resumption of the provision of the said benefits.



Payment of benefits

Article 53

Method of payment of benefits

1.  If the institution responsible for payment in a Member State does not pay directly to persons entitled to benefits who are residing in the territory of another Member State the benefits due to them, such benefits shall be paid, at the request of the institution responsible for payment, by the liaison body of the latter Member State or by the institution of the place of residence of the said persons entitled to benefits in accordance with the procedure, provided for in Articles 54 to 58 of the implementing Regulation; if the institution responsible for payment pays the benefits directly to the persons entitled thereto, it shall notify the institution of the place of residence of this fact. The payment procedure to be applied by the institution of the Member-States is listed in Annex 6.

2.  Two or more Member States or the competent authorities of those States may agree on other procedures for the payment of benefits in cases where the competent institutions of those Member States are the only ones concerned. Any agreements concluded on this subject shall be notified to the Administrative Commission.

3.  The provisions of agreements relating to the payment of benefits which apply on the day preceding the entry into force of the Regulation shall continue to apply provided that they are listed in Annex 5.

Article 54

Notification to the paying body of the detailed schedule of payments to be made

The institution responsible for payment of benefits shall send to the liaison body of the Member State in whose territory the person entitled to benefits is residing, or to the institution of the place of residence (both hereinafter called ‘the paying body’), in duplicate, a detailed schedule of payments to be made which should reach the paying body not later than 20 days before the date on which those benefits become due.

Article 55

Payment of amounts due into the account of the paying body

1.  Ten days before the date on which the benefits fall due, the institution responsible for payment shall pay, in the currency of the member State in whose territory it is situated, the sum necessary for the payments specified in the schedule provided for in Article 54 of the implementing Regulation. Payment shall be made through the National Bank or through another bank of the Member State in whose territory the institution responsible for payment is situated, into an account opened in the name of the national Bank or of another bank of the member State in whose territory the paying body is situated, in favour of that body. Such payment shall discharge all liability. The institution responsible for payment shall, at the same time, send notification of payment to the paying body.

2.  The bank into whose account payment has been made shall credit the paying body with the exchange value of the payment inthe currency of the Member State in whose territory that body is situated.

3.  The names and registered offices or places of business of the banks referred to in paragraph 1 are listed in Annex 7.

Article 56

Payment of amounts due by the paying body to persons entitled to benefits

1.  The payments specified in the schedule provided for in Article 54 of the implementing Regulation shall be paid to the person entitled to benefits by the paying body on behalf of the institution responsible for payment. Such payments shall be made according to the procedure laid down by the legislation administered by the paying body.

2.  As soon as the paying body or any other body designated by it learns of any circumstance justifying the suspension or withdrawal of benefits, it shall discontinue all payment. Such shall also be the case when the person entitled to benefits transfers his residence to the territory of another State.

3.  The paying body shall advise the institution responsible for payment of benefits of the reason for any non-payment. In the event of the death of the person entitled to benefits or of his spouse, or in the case of the re-marriage of a widow or widower, the paying body shall notify the said institution of the date thereof.

Article 57

Settlement of accounts in respect of the payment referred to in Article 56 of the implementing Regulation

1.  The accounts in respect of the payments referred to in Article 56 of the implementing Regulation shall be settled at the end of each payment period in order to determine amounts actually paid to persons entitled to benefits or to their legal or authorized representatives as well as amounts unpaid.

2.  The total amount, expressed in figures and in words in the currency of the Member State in whose territory the institution responsible for payment is situated, shall be certified as being in accordance with the payments made by the paying body and endorsed with the signature of that body's representative.

3.  The paying body shall guarantee that the payments so determined have been properly made.

4.  The difference between the sums paid by the institution responsible for payment, expressed in the currency of the Member State in whose territory that institution is situated, and the value, expressed in the same currency, of the payments accounted for by the paying body shall be entered against the sums to be paid subsequently under the same heading by the institution responsible for payment.

Article 58

Recovery of expenses incurred in the payment of benefits

The expenses incurred in the payment of benefits, particularly postal and bank charges, may be recovered from the recipients by the paying body under the conditions provided for by the legislation administered by that body.

Article 59

Notification of transfer of residence of the person entitled to benefits

When a person entitled to benefits due under the legislation of one or more Member States transfers his residence from the territory of one State to that of another State, he shall notify this fact to the institution or institutions responsible for the payment of such benefits and to the paying body.



CHAPTER 4

ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES



Implementation of Articles 52 and 53 of the Regulation

Article 60

Benefits in kind in the case of residence in a Member State other than the competent State

1.  In order to receive benefits in kind under Article 52 (a) of the Regulation, an employed or self-employed person shall submit to the institution of the place of residence a certified statement testifying that he is entitled to such benefits in kind. This certified statement, based upon information supplied by the employer, where appropriate, shall be issued by the competent institution. Moreover, if the legislation of the competent State so provides, the employed or self-employed person shall submit to the institution of the place of residence a receipt from the competent institution of notification of an accident at work or of an occupational disease. If the person concerned does not submit such documents, the institution of the place of residence shall obtain them from the competent institution and, pending their arrival, it shall grant him the benefits in kind under sickness insurance, provided that he satisfies the conditions for entitlement thereto.

2.  That certified statement shall remain valid until the institution of the place of residence receives notification of its cancellation. However, when the said certified statement has been issued by a French institution, it shall be valid only for a year following the date of its issue, and must be renewed every year.

3.  If the person concerned is a seasonal worker, the certified statement referred to in paragraph 1 shall be valid for the whole of the expected duration of the seasonal work unless, in the meanwhile, the competent institution notifies the institution of the place of residence of its cancellation.

4.  Upon each application for benefits in kind, the person concerned shall submit the supporting documents for the granting of benefits in kind under the legislation of the Member State in whose territory he resides.

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7.  The person concerned shall inform the institution of the place of residence of any change in his situation which is likely to alter his entitlement to benefits in kind, in particular any cessation or change of employment or self-employment or any transfer of residence or stay. Likewise, should the person concerned cease to be insured or cease to be entitled to benefits in kind, the competent institution shall inform the institution of the place of residence accordingly. The institution of the place of residence may, at any time, request the competent institution to supply it with any information relating to the insurance of the person concerned or to his entitlement to benefits in kind.

8.  In the case of frontier workers, medicinal products, bandages, spectacles and small appliances may be issued, and laboratory analyses and tests carried out, only in the territory of the Member State in which they were prescribed in accordance with the provisions of the legislation of that Member State.

9.  Two or more Member State or the competent authorities of these Member States may, having received the opinion of the Administrative Commission, agree on other implementing provisions.

Article 61

Cash benefits other than pensions in the case of residence in a Member State other than the competent State

1.  In order to receiver cash benefits other than pensions under Article 52 (b) of the Regulation, an employed or self-employed person shall, within three days of commencement of the incapacity for work, apply to the institution of the place of residence by submitting a notification of having ceased work or, if the legislation administered by the competent institution or by the institution of the place of residence so provides, a certificate of incapacity for work issued by the doctor providing treatment for the person concerned.

2.  If the doctors providing treatment in the country of residence do not issue certificates of incapacity for work, the person concerned shall apply directly to the institution of the place of residencewithin the time limit fixed by the legislation which it administers.

The institution shall immediately have the incapacity for work medically confirmed and the certificate referred to in paragraph 1 drawn up. Such certificate shall state the probable duration of the incapacity and shall be forwarded to the competent institution forthwith.

3.  In case where paragraph 2 does not apply, the institution of the place of residence shall, as soon as possible and in any event within the three days following the date on which the person concerned applied to it, have him medically examined as if he were insured with that institution. The report of the examining doctor shall indicate, in particular, the probable duration of the incapacity for work, and shall be forwarded to the competent institution of the place of residence within the three days following the date of the examination.

4.  The institution of the place of residence shall subsequently carry out any necessary administrative checks or medical examinations of the person concerned as if he were insured with that institution. As soon as it establishes that he is fit to resume work it shall forthwith notify the person concerned and the competent institution accordingly stating the date on which the incapacity for work ceased. Without prejudice to the provisions of paragraph 6, the notification to the person concerned shall be treated as a decision taken on behalf of the competent institution.

5.  In all cases, the competent institution shall reserve the right to have the person concerned examined by a doctor of its own choice.

6.  If the competent institution decides to withhold the cash benefits because the person concerned has not completed the formalities laid down by the legislation of the country of residence, or if it establishes that the person concerned is fit to resume work, it shall notify the person concerned of its decision and shall simultaneously send a copy of such decision to the institution of the place of residence.

7.  When the person concerned resumes work, he shall notify the competent institution accordingly if such notification is required by the legislation administered by that institution.

8.  The competent institution shall pay cash benefits by the appropriate method, in particular by international money order, and shall inform the institution of the place of residence and the person concerned accordingly. Where cash benefits are paid by the institution of the place of residence on behalf of the competent institution, the latter shall inform the person concerned of his rights and shall notify the institution of the place of residence of the amount of the cash benefits, the dates for payment and the maximum period during which they should be granted, in accordance with the legislation of the competent State.

9.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other implementing provisions.



Implementation of Article 55 of the Regulation

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Article 62

Benefits in kind in the case of a stay in a Member State other than the competent State

1.  In order to receive benefits in kind under Article 55(1)(a)(i) of the Regulation, an employed or self-employed person shall submit to the care provider a document issued by the competent institution certifying that he is entitled to benefits in kind. That document shall be drawn up in accordance with Article 2. If the person concerned is not able to submit that document, he shall contact the institution of the place of stay which shall request from the competent institution a certified statement testifying that the person concerned is entitled to benefits in kind.

A document issued by the competent institution for entitlement to benefits in accordance with Article 55(1)(a)(i) of the Regulation, in each individual case concerned, shall have the same effect with regard to the care provider as national evidence of the entitlements of the persons insured with the institution of the place of stay.

2.  Article 60(9) of the implementing Regulation shall apply mutatis mutandis.

▼B

Article 63

Benefits in kind for employed or self-employed persons who transfer their residence or return to their country of residence, and for employed or self-employed persons authorized to go to another Member State for medical treatment

1.  In order to receive benefits in kind under Article 55 (1) (b) (i) of the Regulation, an employed or self-employed person shall submit to the institution of the place of residence a certified statement testifying that he is entitled to continue receiving the said benefits. This certified statement, which shall be issued by the competent institution, shall specify in particular, where necessary, the maximum period during which such benefits may continue to be provided, in accordance with the provisions of the legislation of the competent State. The certified statement may, at the request of the person concerned, be issued after his departure if, for reasons of force majeure, it cannot be draw up beforehand.

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2.  Article 60(9) of the implementing Regulation shall apply mutatis mutandis.

▼B

3.  Paragraphs 1 and 2 shall apply by analogy in respect of the provision of benefits in kind in the case referred to in Article 55 (1) (c) (i) of the Regulation.

Article 64

Cash benefits other than pensions in the case of a stay in a Member State other than the competent State

The provisions of Article 61 of the implementing Regulation shall apply by analogy in respect of the receipt of cash benefits, other than pensions, under Article 55 (1) (a) (ii) of the Regulation. However, without prejudice to the obligation to submit a certificate of incapacity for work, an employed or self-employed person who is staying in the territory of a Member State without pursuing any professional or trade activity there shall not be required to submit the notification of having ceased work referred to in Article 61 (1) of the implementing Regulation.



Implementation of Articles 52 to 56 of the Regulation

Article 65

Declarations, investigations and exchange of information between institutions to an accident at work sustained in, or an occupational disease contracted in, a Member State other than the competent State

1.  When an accident at work is sustained in, or an occupational disease is diagnosed for the first time in, the territory of a Member State other than the competent State, a declaration of the accident at work or occupational disease must be made in accordance with the provisions of the legislation of the competent State without prejudice to any legal provisions in force in the territory of the Member State in which the accident at work was sustained or in which the occupational disease was first diagnosed, and which shall in such a case remain applicable. This declaration shall be sent to the competent institution and a copy shall be sent to the institution of the place of residence or to the institution of the place of stay.

2.  The institution of the Member State in whose territory the accident at work was sustained or in which the occupational disease was first diagnosed, shall forward to the competent institution, in duplicate, the medical certificate drawn up in that territory and any relevant information which the latter institution may request.

3.  If, in the case of an accident sustained while travelling in the territory of a Member State other than the competent State, there are grounds for holding an enquiry in the territory of the first Member State, an investigator may be appointed for that purpose by the competent institution, which shall so inform the authorities of that Member State. Those authorities shall assist the said investigator, in particular by appointing a person to assist him in the consultation of official reports and any other documents relating to the accident.

4.  At the end of the treatment, a detailed report shall be forwarded to the competent institution together with medical certificates concerning the permanent consequences of the accident or disease, and in particular the present condition of the person concerned, and the recovery from the injuries or their consolidation. The relevant fees shall be paid by the institution of the place of residence or the institution of the place of stay, as the case may be, in accordance with the rate applied by the institution, but shall be chargeable to the competent institution.

5.  The competent institution shall, on request, notify the institution of the place of residence or the institution of the place of stay, as the case may be, of the decision determining the date of recovery from the injuries or their consolidation and, where appropriate, the decision relating to the granting of a pension.

Article 66

Disputes concerning the occupational nature of the accident or disease

1.  When, in the cases referred to in Article 52 or 55 (1) of the Regulation, the competent institution disputes the application of the legislation relating to accidents at work or occupational diseases, it shall forthwith notify that fact to the institution of the place of residence or institution of the place of stay which provided the benefits in kind; those benefits shall then be considered as coming under sickness insurance and shall continue to be provided thereunder upon presentation of the certificates or certified statements referred to ►M14  in Article 21 ◄ of the implementing Regulation.

2.  When a final decision has been reached on this subject, the competent institution shall forthwith notify the fact to the institution of the place of residence or to the institution of the place of stay which provided the benefits in kind. Where the case is not one of an accident at work or an occupational disease that institution shall continue to provide the said benefits in kind under sickness insurance if the employed or self-employed person is entitled thereto. In other cases, the benefits in kind received by the person concerned under sickness insurance shall be considered as benefits for an accident at work or an occupational disease.



Implementation of Article 57 of the Regulation

Article 67 (7)

Procedure in the case of exposure to the risk of an occupational disease in several Member States

1.  In the case covered by Article 57 (1) of the Regulation, notification of the occupational disease shall be forwarded either to the competent institution in respect of occupational diseases of the Member State under whose legislation the person suffering from the disease last pursued an activity likely to cause the disease in question, or to the institution of the place of residence, which shall forward the notification to the said competent institution.

2.  If the competent institution referred to in paragraph 1 ascertains that an activity which might cause the occupational disease in question was last pursued under the legislation of another Member State, it shall forward the notification and the accompanying documents to the corresponding institution of that Member State.

3.  When the institution of the Member State under whose legislation the person suffering from the disease last pursued an activity which might cause the occupational disease in question ascertains that such person or his survivors do not satisfy the conditions of that legislation, taking into account the provisions of Article 57 (2), (3) and (4) of the Regulation, the said institution shall:

(a) forward, without delay, to the institution of the Member State under whose legislation the person suffering from the disease previously pursued an activity which might cause the disease in question, the notification and all accompanying documents, including the findings and reports of the medical examinations arranged by the first institution, and a copy of the decision referred to under (b);

(b) simultaneously notify the person concerned of its decision, indicating in particular the reasons for the refusal of benefits, the grounds and time limits for appeal, and the date on which the file was forwarded to the institution referred to under (a).

4.  Where necessary the case should be referred back, in accordance with the same procedure, to the corresponding institution of the Member State under whose legislation the person suffering from the desease first pursued the activity which might cause the occupational disease in question.

Article 68 (7)

Exchange of information between institutions in the event of an appeal against a decision to reject a claim — Payment of advances in the event of such an appeal

1.  Where an appeal its lodged against a decision to reject a claim taken by the institution of one of the Member States under whose legislation the person suffering from the disease pursued an activity which might cause the occupational disease in question, that institution shall so inform the institution to which the notification has been forwarded in accordance with the procedure laid down in Article 67 (3) of the implementing Regulation, and shall subsequently notify it of the final decision reached.

2.  If the right to benefits was acquired under the legislation administered by the latter institution, taking into account the provisions of Article 57 (2), (3) and (4) of the Regulation, that institution shall pay advances up to an amount to be determined, where necessary, after consultation with the institution against whose decision the appeal was lodged. The latter institution shall reimburse the amount of the advance paid if, as a result of the appeal, it is required to provide the benefits. That amount shall then be deducted from the total amount of the benefits due to the person concerned.

Article 69 (7)

Apportionment of the cost of cash benefits in cases of sclerogenic pneumoconiosis

The following rules shall apply for the implementation of Article 57 (5) of the Regulation:

(a) the competent institution of the Member State under whose legislation cash benefits are granted pursuant to Article 57 (1) of the Regulation (hereinafter called ‘the institution responsible for payment of cash benefits’) shall use a form containing, in particular, a statement and summary of all periods of insurance (old-age insurance) or periods of residence completed by the person suffering from the disease under the legislation of each one of the Member States concerned;

(b) the institution responsible for payment of cash benefits shall forward that form to all old-age insurance institutions of those Member States with which the person suffering from the disease was insured; each one of the said institutions shall enter on the form the periods of insurance (old-age insurance) or periods of residence completed under the legislation which it administers and shall return the form to the institution responsible for payment of cashbenefits;

(c) the institution responsible for payment of cash benefits shall then apportion the costs between itself and the other competent institutions concerned; it shall notify the latter of such apportionment for their approval together with appropriate supporting evidence in particular as regards the total amount of cash benefits granted and the calculation of the percentages of the apportionment;

(d) at the end of each calendar year, the institution responsible for payment of cash benefits shall forward to each of the other competent institutions concerned a statement of cash benefits paid during the financial year under consideration, showing the amount due from each of them according to the apportionment provided for under (c); each one of those institutions shall refund the amount due to the institution responsible for payment of cash benefits as soon as possible, and within three months at the latest.



Implementation of Article 58 (3) of the Regulation

Article 70

Certified statement relating to the members of the family to be taken into consideration when calculating cash benefits including pensions

1.  In order to receive benefits under the provisions of Article 58 (3) of the Regulation the claimant shall submit a certified statement relating to the members of his family who are residing in the territory of a Member State other than that in which the institution responsible for the award of cash benefits is situated.

This certified statement shall be issued by the sickness insurance institution of the place of residence of the member of the family or by another institution designated by the competent authority of the Member State in whose territory they are resident. The provisions of the second and third subparagraphs of Article 25 (2) of the implementing Regulation shall apply by analogy.

In place of the certified statement provided for in the first subparagraph, the institution responsible for the award of cash benefits may require the claimant to produce recent civil status documents relating to member of his family who are residing in the territory of a Member State other than that in which the said institution is situated.

2.  In the case referred to in paragraph 1, if the legislation administered by the institution concerned requires that the members of the family should live under the same roof as the claimant, the fact that the said member of the family who do not satisfy that condition are nevertheless mainly dependent on the claimant must be established by documents proving the regular transmission of part of the claimant's earnings.



Implementation of Article 60 of the Regulation

Article 71

Aggravation of an occupational disease

1.  In the cases covered by Article 60 (1) of the Regulation, the claimant shall supply the institution of the Member State from which he is claiming rights to benefits with all information relating to benefits previously granted in respect of the occupational disease in question. That institution may apply to any other institution which has previously been competent in order to obtain any information which it considers necessary.

2.  In the case covered by Article 60 (1) of the Regulation, the competent institution required to pay the cash benefits shall notify the other institution concerned, for its approval, of the amount of costs to be borne by the latter institution as a result of the aggravation, together with appropriate supporting evidance. At the end of each calendar year, the first institution shall send the second institution a statement of the cash benefits paid during the financial year in question, showing the amount due from the latter institution which shall make the refund to the first institution as soon as possible, and within three months at the latest.

3.  In the case referred to in the first sentence of Article 60 (2) (b) of the Regulation, the institution responsible for payment of cash benefits shall notify the competent institutions concerned, for their approval, of the changes made in the previous apportionment of costs together with the appropriate supporting evidence.

4.  In the case referred to in the second sentence of Article 60 (2) (b) of the Regulation, the provisions of paragraph 2 shall apply by analogy.



Implementation of Article 61 (5) and (6) of the Regulation

Article 72

Assessment of the degree of incapacity in the case of an accident at work sustained previously or subsequently or an occupational disease diagnosed previously or subsequently

1.  In order to asses the degrees of incapacity, to establish a right to any benefit, or to determine the amount of such benefit in the cases referred to in Article 61 (5) and (6) of the Regulation, a claimant shall supply the competent institution of the Member State to whose legislation he was subject at the time when the accident at work was sustained or the occupational disease was first diagnosed, with all information on previous or subsequent accidents at work sustained or occupational diseases contracted by him when he was subject to the legislation of any other Member State, whatever the degree of incapacity caused by those previous or subsequent cases.

2.  In accordance with the legislation which it administers in respect of the acquisition of the right to benefit, and the determination of the amount of benefit, the competent institution shall take into account the degree of incapacity caused by those previous or subsequent cases.

3.  The competent institution may apply to any other institution which was previously or subsequently competent to obtain any information which it considers necessary.

When a previous or a subsequent incapacity for work was caused by an accident sustained while the person concerned was subject to the legislation of a Member State which makes no distinction as to the origin of the incapacity for work, the competent institution in respect of a previous or subsequent incapacity for work or the body designated by the competent authority of the Member State concerned shall, at the request of the competent institution of another Member State, supply information on the degree of the previous or subsequent incapacity for work and, as far as possible, any information which would make it possible to determine whether the incapacity was the result of an accident at work within the meaning of the legislation administered by the institution of the second Member State. Where such is the case, the provisions of paragraph 2 shall apply by analogy.



Implementation of Article 61 (1) of the Regulation

Article 73

Institutions to which workers in mines and similar undertakings may apply when staying or residing in a Member State other than the competent State

1.  In the cases referred to in Article 62 (1) of the Regulation and where, in the country of stay or residence, the benefits provided under the insurance scheme for accidents at work and occupational disease covering manual workers in the steel industry are equivalent to those provided under the special scheme for workers in mines and similar undertakings, workers belonging to the latter category may apply to the nearest institution in the territory of the Member State in which they are staying or residing specified in Annex 3 of the implementing Regulation, even if the latter is an institution of the scheme applicable to manual workers in the steel industry, which institution shall then provide such benefits.

2.  Where the benefits provided under the special scheme for workers in mines and similar undertakings are more advantageous, such workers shall have the option of applying either to the institution responsible for the administration of that scheme, or to the nearest institution in the territory of the Member State in which they are staying or residing, which administers the scheme for manual workers in the steel industry. In the latter case the institution in question shall draw the attention of the person concerned to the fact that by applying to the institution responsible for the administration of the abovementioned special scheme, he will obtain more advantageous benefits; it must, furthermore, inform him of the name and address of such institution.



Implementation of Article 62 (2) of the Regulation

Article 74

Taking account of the period during which benefits have already been provided by the institution of another Member State

For the purpose of Article 61 (2) of the Regulation, the institution of a Member State called upon to provide benefits may request the institution of another Member State to supply it with information relating to the period during which the latter institution has already providedbenefits for the same case of accident at work or occupational disease.



Submission and investigation of pension claims, excluding pensions in respect of occupational diseases covered by Article 57 of the Regulation

Article 75

1.  In order to receive a pension or supplementary allowance under the legislation of a Member State, an employed or self-employed person or his survivors residing in the territory of another Member State shall make a claim either to the competent institution, or to the institution of the place of residence, which shall forward such claim to the competent institution. The submission of the claim shall be subject to the following rules:

(a) the claim must be accompanied by the required supporting documents and made on the form provided for by the legislation administered by the competent institution;

(b) the accuracy of the information supplied by the claimant must be established by official documents attached to the claim form, or confirmed by the competent bodies of the Member State in whose territory the claimant resides.

2.  The competent institution shall notify the claimant of its decisions directly or through the liaison body of the competent State; it shall send a copy of that decision to the liaison body of the Member State in whose territory the claimant resides.



Administrative checks and medical examinations

Article 76

1.  Administrative checks and medical examinations, including medical examinations provided for in the event of pensions being reviewed, shall be carried out at the request of the competent institution by the institution of the Member State in whose territory the person entitled to benefits happens to be, in accordance with the procedures laid down by the legislation administered by the latter institution. The competent institution shall, however, reserve the right to have the person entitled to benefits examined by a doctor of its own choice.

2.  Any person drawing a pension for himself or for an orphan shall inform the institution responsible for payment of any change in his situation or in that of the orphan which is likely to modify the pension rights.



Payment of pensions

Article 77

Payment of pensions due from the institution of one Member State to pensioners resident in the territory of another Member State shall be made in accordance with the provisions of Articles 53 to 58 of the implementing Regulation.



CHAPTER 5

DEATH GRANTS



Implementation of Articles 64, 65 and 66 of the Regulation

Article 78

Submission of a claim for a grant

In order to receive a death grant under the legislation of a Member State other than the State in whose territory he resides, the claimant shall submit his claim either to the competent institution or to the institution of the place of residence.

The claim must be accompanied by the supporting documents required by the legislation which the competent institution administers.

The accuracy of the information supplied by the claimant must be established by official documents attached to the claim or confirmed by the competent bodies of the Member State in whose territory the claimant resides.

Article 79

Certified statement of periods

1.  In order to invoke the provisions of Article 64 of the Regulation, a claimant shall submit to the competent institution a certified statement specifying the periods of insurance or residence completed by the employed or self-employed person under the legislation to which he was last subject.

2.  This certified statement shall be issued, at the request of the claimant, by the sickness insurance or the old-age insurance institution, as the case may be, with which the employed or self-employed person was last insured. If the claimant does not submit the said certified statement, the competent institution shall obtain it from one or other of the aforementioned institutions.

3.  The provisions of paragraphs 1 and 2 shall apply by analogy if, in order to satisfy the conditions of the legislation of the competent State, it is necessary to take into account periods of insurance or residence previously completed under the legislation of any other Member State.



CHAPTER 6

UNEMPLOYMENT BENEFITS



Implementation of Article 67 of the Regulation

Article 80

Certified statement of periods of insurance or employment

1.  In order to invoke the provisions of Article 67 (1), (2) or (4) of the Regulation, the person concerned shall submit to the competent institution a certified statement specifying the periods of insurance or employment completed previously as an employed person under the legislation to which he was last subject, together with any further information required by the legislation administered by that institution.

2.  This certified statement shall be issued, at the request of the person concerned, either by the competent institution in respect of unemployment of the Member State to whose legislation he was last subject, or by another institution designated by the competent authority of the said Member State. If he does not submit the said certified statement, the competent institution shall obtain it from one or other of the aforementioned institutions.

3.  The provisions of paragraphs 1 and 2 shall apply by analogy if, in order to satisfy the conditions of the legislation of the competent State, it is necessary to take into account periods of insurance or employment completed previously as an employed person under the legislation of any other Member State.



Implementation of Article 68 of the Regulation

Article 81

Certified statement for the calculation of benefits

Where the responsibility for the calculation of benefits rests upon an institution covered by Article 68 (1) of the Regulation, and where a person has not pursued his last employment for at least four weeks in the territory of the Member State in which that institution is situated, he shall submit to the said institution a certified statement indicating the nature of the last employment pursued for at least four weeks in the territory of another Member State, and the branch of the economy in which that employment was pursued. If the person concerned does not submit this certified statement, the said institution shall obtain it either from the competent institution in respect of unemployment of the latter Member Sate with which he was last insured, or from another institution designated by the competent authority of that Member State.

Article 82

Certified statement relating to the members of the family to be taken into consideration for the calculation of benefits

1.  In order to invoke the provisions of Article 68 (2) of the Regulation, the person concerned shall submit to the competent institution a certified statement relating to the members of his family who are resident in the territory of a Member State other than the one in which the said institution is situated.

2.  This certified statement shall be issued by the institution designated by the competent authority of the Member State in whose territory those members of the family reside. It must certify that the members of the family are not taken into consideration for the calculation of unemployment benefits due to another person under the legislation of the said Member State.

The certified statement shall be valid for the 12 months following the date of its issue. It may be renewed; in such case, it shall be valid from the date of its renewal. The person concerned shall immediately notify the competent institution of any occurrence necessitating an amendment to the said certified statement. Such amendment shall take effect from the date of such occurrence.

3.  Where the institution issuing the certified statement referred to in paragraph 1 is not in a position to certify that the members of the family are not taken into consideration for the calculation of unemployment benefits due to another person under the legislation of the Member State in whose territory they reside, the person concerned shall, when submitting the certified statement to the competent institution, supplement the said certified statement by a declaration to that effect.

The provisions of thesecond subparagraph of paragraph 2 shall apply by analogy to that declaration.



Implementation of Article 69 of the Regulation

Article 83

Conditions and limits for the retention of the right to benefits when an unemployed person goes to another Member State

1.  In order to retain the right to benefits, an unemployed person covered by Article 69 (1) of the Regulation shall submit to the institution of the place to which he has gone a certified statement in which the competent institution shall certify that he is still entitled to benefits under the conditions laid down in paragraph 1 (b) of the said Article. The competent institution shall specify in particular in this certified statement:

(a) the amount of benefit to be paid to the unemployed person under the legislation of the competent State;

(b) the date on which the unemployed person ceased to be available to the employment services of the competent State;

(c) the time limit under Article 69 (1) (b) of the Regulation for registration as a person seeking work in the Member State to which the unemployed person has gone;

(d) the maximum period, in accordance with Article 69 (1) (c) of the Regulation, during which the right to benefit may be retained;

(e) facts which might alter entitlement to benefit.

2.  An unemployed person who intends to go to another Member State in order to seek employment there shall before his departure, apply for the certified statement referred to in paragraph 1. If the unemployed person does not submit the said certified statement, the institution of the place to which he has gone shall obtain it from the competent institution. The employment services of the competent State must ensure that the unemployed person has been informed of his obligations under Article 69 of the Regulation and under this Article.

3.  The institution of the place to which the unemployed person has gone shall notify the competent institution of the date on which the unemployed person registered and the date on which payment of benefits was commenced and shall pay out the benefits of the competent State in accordance with the procedure provided for by the legislation of the Member State to which the unemployed person has gone.

The institution of the place to which the unemployed person has gone shall carry out a check or arrange for one to be carried out as if it were dealing with an unemployed person entitled to benefits under the legislation which it administers. It shall inform the competent institution of any occurrence coming within paragraph 1 (e) above as soon as the same comes to its knowledge and, in cases where the benefit has to be suspended or withdrawn, it shall immediately discontinue payment of the benefit. The competent institution shall forthwith inform it to what extent, and from what date, the unemployed person's entitlement to benefit is affected by that fact. Payment of benefits may only be resumed, where appropriate, after receipt of such information. Where the benefit has to be reduced, the institution of the place to which the unemployed person has gone shall continue to pay him a reduced amount of benefit, subject to adjustment, after receipt of the reply from the competent institution.

4.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other implementing provisions.



Implementation of Article 71 of the Regulation

Article 84

Unemployed persons who were formerly employed and who, during their last employment, were residing in a Member State other than the competent State

1.  In the cases referred to in Article 71 (1) (a) (ii) and in the first sentence of Article 71 (1) (b) (ii) of the Regulation, the institution of the place of residence shall be considered to be the competent institution, for the purposes of implementing the provisions of Article 80 of the implementing Regulation.

2.  In order to claim benefits under the provisions of Article 71 (1) (b) (ii) of the Regulation, an unemployed person who was formerly employed shall submit to the institution of his place of residence, in addition to the certified statement provided for in Article 80 of the implementing Regulation, a certified statement from the institution of the Member State to whose legislation he was last subject, indicating that he has no right to benefits under Article 69 of the Regulation.

3.  For the purposes of implementing the provisions of Article 71 (2) of the Regulation, the institution of the place of residence shall ask the competent institution for any information relating to the entitlements, from the latter institution, of the unemployed person who was formerly an employed person.



CHAPTER 7 (8)

FAMILY BENEFITS



Implementation of Article 72 of the Regulation

Article 85 (A)

Certified statement of periods of employment or self-employment

1.  In order to invoke the provisions of Article 72 of the Regulation, a person shall submit to the competent institution a certified statement specifying the period of insurance, employment or self-employment completed under the legislation to which he was last subject.

2.  That certified statement shall be issued, at the request of the person concerned, either by the competent institution in respect of family benefits of the Member State with which he was last insured, or by another institution designated by the competent authority of the said Member State. If he does not submit the said certified statement, the competent institution shall obtain it from one or other of the abovementioned institution unless the sickness insurance institution is able to forward him a copy of the certified statement provided for in Article 16 (1) of the implementing Regulation.

3.  The provisions of paragraphs 1 and 2 shall apply by analogy if, in order to satisfy the conditions of the legislation of the competent State, it is necessary to take into account periods of insurance, employment or self-employment completed previously under the legislation of any other Member State.



Implementation of Articles 73 and 75 (1) and (2) of the Regulation (8)

Article 86 (8)

1.  In order to receive family benefits under Article 73 of the Regulation, an employed person shall submit a claim to the competent institution, where necessary through his employer.

2.  In support of his claim, the employed person shall submit a certificate relating to members of his family residing in the territory of a Member State other than that in which the competent institution is situated. Such certificate shall be issued, either by the authorities competent in civil status matters in the country of residence of those members of the family, or by the competent institution in respect of sickness insurance in the place of residence of those members of the family, or by another institution designated by the competent authority of the Member State in whose territory those members of the family reside. Such a certificate must be renewed every year.

3.  Where the legislation of the competent State provides that the family benefits may or must be paid to a person other than the employed person, the latter shall also submit in support of his claim, information identifying the individual to whom the family benefits are to be paid in the country of residence (name, forename, full address).

4.  The competent authorities of two or more Member States may agree on special procedures for the payment of family benefits, in particular with a view to facilitating the implementation of Article 75 (1) and (2) of the Regulation. Such agreements shall be communicated to the Administrative Commission.

5.  An employed person shall inform the competent institution where necessary through his employer:

 of any change in the situation of the members of his family which might alter entitlement to family benefits,

 of any change in the number of members of his family for whom family benefits are due,

 of any transfer of residence or stay of such members of the family,

 of any pursuit of a professional or trade activity by virtue of which family benefits are also due under the legislation of the Member State in whose territory the members of the family areresident.

Article 87 (8)



Implementation of Article 74 of the Regulation

Article 88 (8)

The provisions of Article 86 of the implementing Regulation shall apply by analogy to unemployed persons who where formerly employed or self-employed and who are covered by Article 74 of the Regulation.

Article 89 (8)



CHAPTER 8

BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS



Implementation of Articles 77, 78 and 79 of the Regulation

Article 90

1.  In order to receive benefits under Article 77 or 78 of the Regulation, a claimant shall submit a claim to the institution of his place of residence, in accordance with the procedures laid down by the legislation administered by that institution.

2.  If, however, the claimant does not reside in the territory of the Member State in which the competent institution is situated, he may submit his claim either to the competent institution or to the institution of his place of residence, which shall then forward the claim to the competent institution, indicating the date on which it was submitted. The date shall be considered as the date of submission of the claim to the competent institution.

3.  If the competent institution referred to in paragraph 2 finds that there is no entitlement under the legislation which it administers, it shall forward the claim forthwith, together with all necessary documents and information, to the institution of the Member State to whose legislation the employed or self-employed person was subject for the longest period of time.

Where necessary the matter may have to be referred back, under the same conditions, to the institution of the Member State under whose legislation the person concerned completed the shortest of his periods of insurance or residence.

4.  The Administrative Commission shall, where necessary, lay down any supplementary procedures required for the submission of claims for benefits.

Article 91

1.  Payment of benefits due under Article 77 or 78 of the Regulation shall be made in accordance with the provisions of Articles 53 to 58 of the implementing Regulation.

2.  The competent authorities of the Member States shall, where necessary, designate the competent institution for paying benefits due under Article 77 or 78 of the Regulation.

Article 92

Any person to whom benefits are paid under Article 77 or 78 of the Regulation for a pensioner's children or for orphans, shall inform the institution responsible for the payment of such benefits:

 of any change in the situation of the children or orphans that is likely to alter the entitlement to benefits,

 of any modification in the number of children or orphans in respect of whom benefits are due,

 of any transfer of residence of the children or orphans,

 of any pursuit of a professional or trade activity giving entitlement to family benefits or family allowances for such children or orphans.



TITLE V

FINANCIAL PROVISIONS

Article 93

Refund of sickness and maternity insurance benefits other than those provided for in Articles 94 and 95 of the implementing Regulation

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1.  The actual amount of benefits in kind provided pursuant to Article 19(1) and (2) of the Regulation to employed and self-employed persons and to members of their families residing in the territory of the same Member State, and benefits in kind provided pursuant to Articles 21(2), 22, 22a, ►M14  ————— ◄ 25(1), (3) and (4), 26, 31 ►M14  or 34a ◄ of the Regulation, shall be refunded by the competent institution to the institution which provided the said benefits as shown in the accounts of that institution.

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2.  In the cases referred to in the second subparagraph of Article 21 (2), the second subparagraph of Article 22 (3) and in Articles ►M2  ————— ◄ 31 of the Regulation, and for the purposes of implementing paragraph 1, the institution of the place of residence of the members of the family or of the pensioner, as the case may be, shall be considered as the competent institution.

3.  If the actual amount of the benefits referred to in paragraph 1 is not shown in the accounts of the institution which has provided them, and no agreement has been concluded under paragraph 6, the amount to be refunded shall be determined on the basis of a lump-sum payment calculated from all the appropriate references obtained from the data available. The Administrative Commission shall assess the bases to be used for the calculation of the lump-sum payments and shall decide the amount thereof.

4.  For the purposes of the refund, rates higher than those applicable to the benefits in kind provided to employed or self-employed persons who are subject to the legislation administered by the institution which provided the benefits referred to in paragraph 1 may not be taken into account.

5.  The provision of paragraphs 1 and 2 shall apply by analogy to the refund of cash benefits paid in accordance with the provisions of the second sentence of Article 18 (8) of the implementing Regulation.

6.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree to other methods of assessing the amounts to be refunded, in particular on the basis of lump sums.

Article 94

Refund of benefits in kind provided under sickness and maternity insurance to the members of the family of an employed or self-employed person not residing in the same Member State as the latter

1.  The amount of benefits in kind provided under Article 19 (2) of the Regulation to the members of the family of an employed or self-employed person who are not residing in the territory of the same Member State as the person concerned shall be refunded by the competent institutions to the institutions which provided the said benefits on the basis of a lump sum in respect of each calendar year which is as close as possible to the actual expenditure incurred.

2.  The lump-sum payment shall be determined by multiplying the average annual cost per family by the average annual number of families to be taken into account and by reducing the resultant amount by 20 %.

3.  The factors necessary for the calculation of the said lump sum shall be determined as follows:

(a) the average annual cost per family shall be obtained, for each Member State, by dividing the annual expenditure on all the benefits in kind provided by the institutions of that Member State to all the members of the families of employed or self-employed persons who are subject to the legislation of the said Member State, under the social security schemes to be taken into consideration, by the average annual number of such employed or self-employed persons with members of the family; the social security schemes to be taken into consideration for that purpose are specified in Annex 9 to the implementing Regulation;

(b) in dealings between the institutions of two Member States, the average annual number of families to be taken into account shall be equal to the average annual number of employed or self-employed persons who are subject to the legislation of one of those Member States and the members of whose families are entitled to benefits in kind to be provided by an institution of the other Member States.

4.  The number of families to be taken into account in accordance with the provisions of paragraph 3 (b) shall be determined by means of a listkept for that purpose by the institution of the place of residence, based upon documentary evidence by the competent institution of the rights of the persons concerned. In the event of any dispute, the observations of the institutions involved shall be submitted to the Audit Board provided for in Article 101 (3) of the implementing Regulation.

5.  The Administrative Commission shall lay down the methods and procedures for determining the calculation factors referred to in paragraphs 3 and 4.

6.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other methods of assessing the amounts to be refunded.

Article 95 ( 3 )

Refund on benefits in kind provided under sickness and maternity insurance to pensioners and to members of their families who do not reside in a Member State under whose legislation they receive a pension and are entitled to benefits

1.  The amount of the benefits in kind provided under Articles 28 (1) and 28a of the Regulation shall be refunded by the competent institutions to the institutions which provided the said benefits, on the basis of a lump sum which is a close as possible to the actual expenditure incurred.

2.  The lump-sum payment shall be determined by multiplying the average annual cost per pensioner by the average annual number of pensioners to be taken into account, and by reducing the resultant amount by 20 %.

3.  The factors necessary for the calculation of the said lump sum shall be determined according to the following rules:

(a) the average annual cost per pensioner shall be obtained, for each Member State, by dividing the annual expenditure on all the benefits in kind provided by the institutions of that Member State to all pensioners whose pensions are payable under the legislation of that Member State, under the social security schemes to be taken into consideration, and to members of their families, by the average annual number of pensioners; the social security schemes to be taken into consideration for that purpose are specified in Annex 9;

(b) in dealings between the institutions of two Member States, the average annual number of pensioners to be taken into account shall be equal to the average annual number of pensioners referred to in Article 28 (2) of the Regulation who, whilst residing in the territory of one of the Member States, are entitled to benefits in kind chargeable to the institution of the other Member State.

4.  The number of pensioners to be taken into account in accordance with the provisions of paragraph 3 (b) shall be determined by means of a list kept for that purpose by the institution of the place of residence, based upon documentary evidence supplied by the competent institution of the rights of the persons concerned. In the event of any dispute, the observations of the institutions involved shall be submitted to the Audit Board provided for in Article 101 (3) of the implementing Regulation.

5.  The Administrative Commission shall lay down the methods and procedures for determining the calculation factors referred to in paragraphs 3 and 4.

6.  Two or more Member States or the competent authorities of those Member States may, having received the opinion of the Administrative Commission, agree on other methods of assessing the amounts to be refunded.



Implementation of Article 63 (2) of the Regulation

Article 96

Refund of benefits in kind provided under insurance schemes for accidents at work and occupational diseases by the institution of one Member State on behalf of the institution of another Member State

For the purposes of implementing the provisions of Article 63 (2) of the Regulation, the provisions of Article 93 of the implementing Regulation shall apply by analogy.



Implementation of Article 70 (2) of the Regulation

Article 97

Refund of unemployment benefits paid to unemployed persons going to another State to seek employment there

1.  The amount of benefits paid under Article 69 of the Regulation shall be refunded by the competent institution to the institution which has paid the said benefits, as shown in the accounts of the latter institution.

2.  Two or more Member States or the competent authorities of those States may:

 having received the opinion of the Administrative Commission, agree on other methods of determining the amounts to be refunded, in particular lump sums, or other methods of payment,

 or

 waive all refunds between institutions.

Article 98 (8)



Common provisions on refunds

Article 99

Administration costs

Two or more Member States or the competent authorities of those Member States may, in accordance with the provisions of the third sentence of Article 84 (2) of the Regulation, agree to increase the amount of the benefits referred to in Articles 93 to 98 of the implementing Regulation by a specific percentage in order to take into account administration costs. That percentage may vary in accordance with the benefits concerned.

Article 100

Late claims

1.  In the settlement of accounts between institutions of the Member States, claims for refunds relating to benefits provided during a calendar year three years or more previous to the date of submission of such claims, whether they are submitted to a liaison body or to the institution responsible for payment of the competent State, may be disregarded by the institution responsible for payment.

2.  For claims relating to lump-sum refunds, the three-year period shall run from the date of publication in the Official Journal of the European Communities of the average annual cost of benefits in kind determined in accordance with Articles 94 and 95 of the implementing Regulation.

Article 101 (8)

Statement of claims

1.  Pursuant to Articles 36, 63 and 70 of the Regulation, the Administrative Commission shall draw up a statement of claims in respect of each calendar year.

2.  The Administrative Commission may arrange for any checks appropriate to the investigation of the statistical and accounting data needed in the drawing up of the statement of claims provided for in paragraph 1, in particular to ensure their compliance with the rules laid down under this Title.

3.  The Administrative Commission shall take the decision referred to in this Article on the report of the Audit Board which shall furnish it with an opinion, stating the reasons on which such opinion is based. The Administrative Commission shall determine the methods of operation and the composition of the Audit Board.

Article 102 (8)

Functions of the Audit Board — Refund procedure

1.  The Audit Board shall:

(a) collect the necessary data and arrange for the calculations required for the implementation of the present Title;

(b) give the Administrative Commission periodic accounts of the results of the implementation of the Regulations, in particular as regards the financial aspect;

(c) make any useful suggestions it may have to the Administrative Commission in connection with the provisions of subparagraphs (a) and (b);

(d) submit to the Administrative Commission proposals on the observations forwarded to it in accordance with Articles 94 (4) and 95 (4) of the implementing Regulation;

(e) lay before the Administrative Commission proposals relating to the implementation of Article 101 of the implementing Regulation;

(f) carry out all work, studies or assignments on matters referred to it by the Administrative Commission.

2.  The reimbursements provided for in Articles 36, 63 and 70 of the Regulation shall be made for all the competent institutions of a Member State to the creditor institutions of another Member State through the agency of the bodies designated by the competent authorities of the Member States. The bodies through which reimbursements have been made shall advise the Administrative Commission of the amounts reimbursed within the time limits and according to the procedures laid down by the said Commission.

3.  When the refunds are determined on the basis of the actual amount of benefits provided, as shown in the accounts of the institutions, they shall be made, for each calendar half-year, during the following calendar half-year.

4.  When the refunds are determined on a lump-sum basis, they shall be made for each calendar year; in such case, the competent institutions shall pay advances to the creditor institutions on the first day of each calendar half-year, in accordance with the procedure laid down by the Administrative Commission.

5.  The competent authorities of two or more Member states may agree on other time limits for refunds or other procedures for the payment of advances.

Article 103

Compilation of statistical and accounting data

The competent authorities of the Member States shall take all the necessary measures for the implementation of the present Title, in particular those necessitating the compilation of statistical or accounting data.

Article 104 (8)

Entry in Annex 5 of agreements on refunds between Member States or the competent authorities of the Member States

1.  Provisions which are similar to those of Articles 36 (3), 63 (3), and 70 (3) of the Regulation, and of Articles 93 (6), 94 (6), and 95 (6) of the implementing Regulation and which are in force on the day preceding the entry into force of the Regulation, shall continue to apply provided they are included in Annex 5 to the implementing Regulation.

2.  Provisions which are similar to those referred to in paragraph 1 and which, for the purposes of dealings between two or more Member States, will apply following the entry into force of the Regulation shall be entered in Annex 5 to the implementing Regulation. The same shall apply to provisions agreed under Article 97 (2) of the implementing Regulation.



Costs of administrative checks and medical examinations

Article 105

1.  The costs entailed in administrative checks and in medical examinations, observations, doctor's visits and checks of all kinds necessary for the award, provision or review of benefits, shall be refunded by the institution on whose behalf they were made to the institution which has been responsible therefore, on the basis of the charges applied by the latter institution.

2.  However, two or more Member States or the competent authorities of such Member States may agree on other methods of refund, in particular on a lump-sum basis, or they may waive all refunds between institutions.

Such agreements shall be entered in Annex 5 to the implementing Regulation. Agreements in force on the day preceding the entry into force of the Regulation shall continue to apply provided that they are included in the said Annex.



Common provisions for the payment of cash benefits

Article 106

The competent authorities of every Member State shall notify the Administrative Commission, within the time limits allowed and in accordance with the procedures laid down by that Commission, of the amount of cash benefits paid by the institutions falling within their jurisdiction to recipients residing or staying in the territory of any other Member State.

Article 107 (9) (11) (12) (14)

Currency conversion

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1.  For the purposes of the following provisions:

(a) Regulation: Article 12(2), (3) and (4), Article 14d(1), Article 19(1)(b), last sentence, Article 22(1)(ii), last sentence, Article 25(1)(b), penultimate sentence, Article 41(1)(c) and (d), Article 46(4), Article 46a(3), Article 50, Article 52(b), last sentence, Article 55(1)(ii), last sentence, Article 70(1), first subparagraph, Article 71(1)(a)(ii) and (b)(ii), penultimate sentence;

(b) implementing Regulation: Article 34(1), (4) and (5),

the rate for the conversion into a currency of amounts denominated in another currency shall be the rate calculated by the Commission and based on the monthly average, during the reference period specified in paragraph 2, of reference rates of exchange of currencies published by the European Central Bank.

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2.  The reference period shall be:

 January for rates of conversion applicable from 1 April following,

 April for rates of conversion applicable from 1 July following,

 July for rates of conversion applicable from 1 October following,

 October for rates of conversion applicable from 1 January following.

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4.  The date to be taken into account for determining the rates of conversion to be applied in the cases referred to in paragraph 1 shall be fixed by the Administrative Commission on a proposal from the Audit Board.

5.  The rates of conversion to be applied in the cases referred to in paragraph 1 shall be published in the Official Journal of the European Communities in the course of the last month but one preceding the month from the first day of which they are to apply.

6.  In cases not covered by paragraph 1, the conversion shall be made at the official rate of exchange on the day of payment both for the payment and refund of benefits.



TITLE VI

MISCELLANEOUS PROVISIONS

Article 108

Proof of status of seasonal worker

In order to prove that he is a seasonal worker, the employed person covered by Article 1 (c) of the Regulation shall be required to submit his contract of employment stamped by the employment services of the Member State in whose territory he has gone to work or has worked. If no seasonal employment contract is concluded in that Member State, the institution of the country of employment shall, where appropriate, issue, in the case of a claim for benefits, a certificate attesting that, on the basis of information supplied by the person concerned, the work which he is doing or has done is of a seasonal nature.

Article 109

Arrangement for payment of contributions

The employer who has no place of business in the Member State in whose territory the employed person is employed may agree with the latter that he shall assume the obligations of the employer with regard to the payment of contributions.

The employer shall notify the competent institution or, where necessary, the institution designated by the competent authority of the said Member State of any such arrangement.

Article 110

Mutual administrative aid relating to the recovery of benefits which were not due

If the institution of a Member State which provided benefits intends to take action against a person who has received benefits which were not due to him, the institution of the place of residence of such person, or the institution designated by the competent authority of the Member State in whose territory that person resides, shall lend its good offices to the first institution.

Article 111

Recovery by social security institutions of payments not due, and claims by assistance bodies

1.  If, when awarding or reviewing benefits in respect of invalidity, old-age or death (pensions) pursuant to Chapter 3 of Title III ofthe Regulation, the institution of a Member State has paid to a recipient of benefits a sum in excess of that to which he is entitled, that institution may request the institution of any other Member State responsible for the payment of corresponding benefits to that recipient to deduct the amount overpaid from the arrears which it pays to the said recipient. The latter institution shall transfer the amount deducted to the creditor institution. Where the amount overpaid cannot be deducted from the arrears, the provisions of paragraph 2 shall apply.

2.  When the institution of a Member State has paid to a recipient of benefits a sum in excess of that to which he is entitled that institution may, within the conditions and limits laid down by the legislation which it administers, request the institution of any other Member State responsible for the payment of benefits to that recipient to deduct the amount overpaid from the amounts which it pays to the said recipient. The latter institution shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, as if the sums had been overpaid by itself, and shall transfer the amount deducted to the creditor institution.

3.  When a person to whom the Regulation applies has received assistance in the territory of a Member State during a period in which he was entitled to benefits under the legislation of another Member State, the body which gave the assistance may, if it is legally entitled to reclaim the benefits due to the said person, request the institution of any other Member State responsible for the payment of benefits in favour of that person to deduct the amount of the assistance paid from the amounts which the latter pays to the said person.

When a member of the family of a person to whom the Regulation applies has received assistance in the territory of a Member State during a period in which the said person was entitled to benefits under the legislation of another Member State in respect of the member of the family concerned, the body which gave the assistance may, if it is legally entitled to reclaim the benefits due to the said person in respect of the member of the family concerned, request the institution of any other Member State responsible for the payment of such benefits in favour of that person to deduct the amount of assistance paid from the amounts which the latter pays to the said person in respect of the member of the family concerned.

The institution responsible for payment shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, and shall transfer the amount deducted to the creditor body.

Article 112

When an institution has made payments which are not due, either directly or through another institution, and when their recovery has become impossible, the amounts in question shall remain finally chargeable to the first institution, save where the payment which was not due is the result of fraud.

Article 113

Recovery of benefits in kind provided but not due to persons employed in international transport

1.  If the right to benefits in kind is not recognized by the competent institution, the benefits in kind which have been provided to a person employed in international transport by the institution of the place of stay by virtue of the presumption referred to in Article 20 (1) or 62 (1) of the implementing Regulation, shall be refunded by the competent institution.

2.  Expenses incurred by the institution of the place of stay in respect of any person employed in international transport who has not previously applied to the institution of the place of stay and is not entitled to benefits in kind but has nevertheless received benefits in kind upon presentation of the certified statement referred to in Article 20 (1) or 62 (1) of the implementing Regulation, shall be refunded by the institution shown as competent in the said certified statement or by any other institution designated for that purpose by the competent authority of the Member State concerned.

3.  The competent institution or, in the case referred to in paragraph 2, the institution shown as competent or the institution designated for that purpose shall debit the recipient of benefits with the value of the benefits in kind which were provided but were not due to him. The said institution shall notify these debits to the Audit Board referred to in Article 101 (3) of the implementing Regulation which shall draw up a statement thereof.

Article 114

Provisional payments of benefits in cases of dispute over the legislation to be applied or the institution which should provide benefits

In the case of a dispute between the institutions or competent authorities of two or more Member States, either as to which legislation should apply under Title II of the Regulation, or as to which institution should provide the benefits, the person concerned who could claim benefits if there were no dispute shall provisionally receive the benefits provided for by the legislation administered by the institution of the place of residence or, if the person concerned does not reside in the territory of one of the Member States concerned, the benefits provided for by the legislation administered by the institution to which his claim was submitted in the first instance.

Article 115

Procedures for medical examinations carried out in a Member State other than the competent State

The institution of the place of stay or residence which is required under Article 87 of the Regulation to carry out a medical examination, shall act in accordance with the procedures laid down by the legislation which it administers.

In the absence of such procedures, it shall apply to the competent institution for information on the procedures to be applied.

Article 116

Agreements relating to the recovery of contributions

1.  Agreements concluded pursuant to Article 92 (2) of the Regulation shall be entered in Annex 5 to the implementing Regulation.

2.  Agreements concluded for the implementation of Article 51 of the Regulation shall continue to apply provided they are included in Annex 5 to the implementing Regulation.



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TITLE VIa

PROVISIONS GOVERNING ELECTRONIC DATA PROCESSING

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Article 117

Data processing

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1.  Based on the research and proposals of the Technical Commission referred to in Article 117c of the implementing Regulation, the Administrative Commission shall adapt to new data processing techniques the models of documents as well as the routing channels and the data transmission procedures necessary for applying the Regulation and the implementing Regulation.

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2.  The Administrative Commission shall take the measures necessary to ensure the general application of these adapted models, routing channels and procedures, taking account of the development of the new data processing techniques in each Member State.

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Article 117a

Telematic services

1.  The Member States shall gradually further the use of telematic services for the exchange between institutions of the data required for the application of the Regulation and the implementing Regulation.

The European Commission shall lend its support to activities of common interest as soon as the Member States have established the telematic services.

2.  The Administrative Commission shall, on the basis of proposals from the Technical Commission referred to in Article 117c of the implementing Regulation, adopt the common architecture rules for the telematic services, in particular on security and the use of standards.

Article 117b

Operation of the telematic services

1.  Each Member State shall be responsible for managing its own part of the telematic services in accordance with the Community provisions onthe protection of individuals with regard to the processing of personal data.

2.  The Administrative Commission shall lay down provisions for the operation of the common part of the telematic services.

Article 117c

Technical Commission on data processing

1.  The Administrative Commission shall set up a Technical Commission, which shall deliver reports and a reasoned opinion before decisions are taken pursuant to Articles 117, 117a and 117b. The methods of operation and the composition of the Technical Commission shall be determined by the Administrative Commission.

2.  The Technical Commission shall:

(a) gather together the relevant technical documents and undertake the studies and work required for the purposes of the present Title;

(b) submit to the Administrative Commission the reports and reasoned opinions referred to in paragraph 1;

(c) carry out all other tasks and studies on matters referred to it by the Administrative Commission.

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TITLE VII

TRANSITIONAL AND FINAL PROVISIONS

Article 118 (6) (12)

Transitional provisions relating to pensions for employed persons

1.  Where the contingency arises before 1 October 1972 or before the date of implementation of the implementing Regulation in the territory of the Member State concerned and the claim for pension has not been awarded before that date, such claim shall give rise to a double award, in as much as benefits must be granted, pursuant to such contingency, for a period prior to that date:

(a) for the period prior to 1 October 1972 or to the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation or agreements in force between the Member States concerned.

(b) for the period commencing on 1 October 1972 or on the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation.

However, if the amount calculated pursuant to the provisions referred to under (a) is greater than that calculated pursuant to the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the provisions referred to under (a).

2.  A claim for invalidity, old age or survivors' benefits submitted to an institution of a Member State from 1 October 1972 or from the date of implementation of the implementing Regulation in the territory of the Member State concerned, or in a part of the territory of that State, shall automatically necessitate the reassessment of the benefits which have been awarded for the same contingency prior to that date by the institution or institutions of one or more of the other Member States, in accordance with the Regulation; such reassessment may not give rise to any reduction in the amount of the benfit awarded.

Article 119 (6) (12)

Transitional provisions relating to pensions for self-employed persons

1.  Where the contingency arises before 1 July 1982 or before the date of implementation of the implementing Regulation in the territory of the Member State concerned and the claim for pension has not been awarded before that date, such claim shall give rise to a double award, in as much as benefits must be granted, pursuant to such contingency, for a period prior to that date:

(a) for the period prior to 1 July 1982 or to the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation or agreements in force between the Member States concerned before that date;

(b) for the period commencing on 1 July 1982 or on the date of implementation of the implementing Regulation in the territory of the Member State concerned, in accordance with the Regulation.

However, if the amount calculated pursuant to the provisions referred to under (a) is greater than that calculated pursuant to the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the provisions referred to under (a).

2.  A claim for invalidity, old age or survivors' benefits submitted to the institution of a Member State from 1 July 1982 or from the date of implementation of the implementing Regulation in the territory of the Member State concerned, or in a part of the territory of that State, shall automatically necessitate the reassessment of the benefits that have already been awarded for the same contingency prior to that date by the institution or institutions of one or more of the other Member States, in accordance with the Regulation; such reassessment may not give rise to any reduction in the amount of benefit awarded.

Article 119a (5)

Transitional provisions relating to pensions for the purpose of applying the last part of Article 15 (1) (a) of the implementing Regulation

1.  Where the date on which the contingency arises precedes 1 January 1987 and where the claim for a pension has not yet resulted in an award before that date, such claim shall, in as much as benefits must be granted, pursuant to such contingency, for a period prior to the last-mentioned date, give rise to a double award:

(a) for the period prior to 1 January 1987, in accordance with the provisions of the Regulation or of agreements in force between the Member States concerned;

(b) for the period commencing on 1 January 1987, in accordance with the provisions of the Regulation.

If, however, the amount calculated in pursuance of the provisions referred to under (a) is greater than that calculated in pursuance of the provisions referred to under (b), the person concerned shall continue to be entitled to the amount calculated in pursuance of the provisions referred to under (a).

2.  A claim for invalidity, old-age or survivors' benefits submitted to an institution of a Member State from 1 January 1987 shall automatically necessitate the reassessment, in accordance with the provisions of the Regulation, of the benefits which have been awarded for the same contingency prior to that date by the institution or institutions of one or more of the other Member States, without prejudice to the provisions of Article 3.

3.  The rights of the persons concerned who obtained the award of pensions prior to 1 January 1987 in the territory of the Member State in question may be revised at their request in the light of the provisions of Council Regulation (EEC) No 3811/86 ( 4 ).

4.  If the request referred to in paragraph 3 is submitted within one year following 1 January 1987, entitlement to rights under Regulation (EEC) No 3811/86 shall be acquired from 1 January 1987 or from the date of the entitlement to a pension where the last-mentioned date is subsequent to 1 January 1987; in such case the provisions of the legislation of any Member State with regard to the withdrawal or limitation of rights may not be relied upon as against the persons concerned.

5.  If the request referred to in paragraph 3 is submitted after expiry of the period of one year following 1 January 1987, entitlement to rights acquired under Regulation (EEC) No 3811/86 which have not been withdrawn or in respect of which the period of limitation has not been exceeded shall be acquired from the date on which the request is submitted, unless more favourable provisions of the legislation of any of the Member States are applicable.

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Article 120

Persons who study or receive vocational training

Theprovisions of this Regulation, with the exception of Articles 10 and 10a, shall apply, where appropriate, by analogy to students.

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Article 121

Supplementary implementing agreements

1.  Two or more Member States or the competent authorities of those Member States may, where necessary, conclude agreements designed to supplement the administrative procedure for implementing the Regulation. Such agreements are listed in Annex 5 to the implementing Regulation.

2.  Agreements similar to those referred to in paragraph 1, which are in force on the day preceding 1 October 1972, shall continue to apply provided they are included in Annex 5 to the implementing Regulation.

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Article 122

Special provisions concerning the amendment of the Annexes

The Annexes to the implementing Regulation may be amended by a Commission Regulation at the request of the Member State or Member States concerned or their competent authorities, and after the unanimous opinion of the Administrative Commission has been obtained.

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ANNEX 1 (A) (B) (3) (4) (9) (13) (15)

COMPETENT AUTHORITIES

(Article 1 (1) of the Regulation, and Articles 4 (1) and 122 of the implementing Regulation)



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A.  BELGIUM:

1.  Ministre des affaires sociales, Bruxelles —Minister van Soziale Zaken, Brussel (Minister for Social Affairs, Brussels).

2.  Ministre de l'agriculture et des petites et moyennes entreprises, Bruxelles —Minister van Landbouw en de Kleine en Middelgrote Ondernemingen, Brussel (Minister for Agriculture and SMEs, Brussels).

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3.  Ministre des Pensions, Bruxelles —Minister van Pensioenen, Brussel (Minister for Pensions, Brussels).

 ◄

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4.  Ministre de la Fonction publique —Minister van Ambtenarenzaken, Brussel (Minister for the Civil Service, Brussels).

 ◄

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B.  BULGARIA:

1.  Министърът на труда и социалната политика (Minister of Labour and Social Policy), София.

2.  Министърът на здравеопазването (Minister of Health), София.

▼A1

►M15  

C.  CZECH REPUBLIC:

 ◄

1.  Ministerstvo práce a sociálních věcí (Ministry of Labour and Social Affairs), Praha.

2.  Ministerstvo zdravotnictví (Ministry of Health), Praha.

3.  Ministerstvo obrany (Ministry of Defence), Praha.

4.  Ministerstvo vnitra (Ministry of the Interior), Praha.

5.  Ministerstvo spravedlnosti (Ministry of Justice), Praha.

6.  Ministerstvo financí (Ministry of Finance), Praha.

▼B

►M15  

D.  DENMARK:

 ◄

1.  Socialministeren (Minister of Social Affairs), København.

►M9  

2.  Beskæftigelsesministeriet (Ministry of Employment), København.

 ◄

►M9  

3.  Indenrigs- og Sundhedsministeriet (Ministry of Internal Affairs and Health), København.

 ◄

►M3  

4.  Finansministeren (Minister for Finance), København.

 ◄

 

►M15  

E.  GERMANY:

 ◄

►M9  Bundesministerium für Gesundheit und Soziale Sicherung (Federal Ministry of Health and Social Security), Bonn. ◄

▼A1

►M15  

F.  ESTONIA:

 ◄

Sotsiaalministeerium (Ministry of Social Affairs), Tallinn.

▼B

►M15  

G.  GREECE:

 ◄

►M11  

1.  Υπουργός Απασχόλησης και Κοινωνικής Προστασίας, Αθήνα (Minister for Employment and Social Protection, Athens).

 ◄

►M11  

2.  Υπουργός Υγείας και Κοινωνικής Αλληλεγγύης, Αθήνα (Minister for Health and Social Solidarity, Athens).

 ◄

3.  Υπουργός Εμπορικής Ναυτιλίας, Πειραιάς (Minister of the Merchant Navy), Piraeus).

►M2  

4.  Υπουργός Εθνικής Αμύνης (Ministry of National Defence, Athens).

 ◄

►M2  

5.  Υπουργός Εθνικής Παιδείας και Θρησκευμάτων (Minister for Education and Religious Affairs, Athens).

 ◄

►M3  

6.  ΥπουργόςΟικονομικών, Αθήνα —(Minister for Economic Affairs), Athens.

 ◄

►M15  

H.  SPAIN:

 ◄

Ministro de Trabajo y Asuntos Sociales (Minister of Labour and Social Affairs), Madrid.

►M15  

I.  FRANCE:

 ◄

1.  Ministre des affaires sociales et de la soldiarité nationale (Minister of Social Affairs for National Solidarity), Paris.

2.  Ministre de l'agriculture (Minister of Agriculture), Paris.

▼M9

►M15  

J.  IRELAND:

 ◄

1.  Minister for Social and Family Affairs, Dublin.

2.  Minister for Health and Children, Dublin.

▼B

►M15  

K.  ITALY:

 ◄

►M9  

1.  Ministero del Lavoro e delle Politiche Sociali, Roma (Ministry of Labour and Social Policies, Rome).

 ◄

►M9  

2.  Ministero della Salute, Roma (Ministry of Health, Rome).

 ◄

►M9  

3.  Ministero della Giustizia, Roma (Ministry of Justice, Rome).

 ◄

►M9  

4.  Ministero dell'Economia e delle Finanze, Roma (Ministry of Economic Affairs and Finance, Rome).

 ◄

▼M13

►M15  

L.  CYPRUS:

 ◄

1.  Υπουργός Εργασίας και Κοινωνικών Ασφαλίσεων (Μinister of Labour and Social Insurance), Λευκωσία.

2.  Υπουργός Υγείας (Minister of Health), Λευκωσία.

3.  Yπουργός Οικονομικών (Minister of Finance), Λευκωσία.

►M15  

M.  LATVIA:

 ◄

1.  Labklājības ministrija, Rīga (Ministry of Welfare, Riga).

2.  Veselības ministrija, Rīga (Ministry of Health, Riga).

▼A1

►M15  

N.  LITHUANIA:

 ◄

1.  Socialinės apsaugos ir darbo ministras (Minister of Social Security and Labour), Vilnius.

2.  Sveikatos apsaugos ministras (Minister of Health), Vilnius.

▼B

►M15  

O.  LUXEMBOURG:

 ◄

1.  Ministre du travail et de la sécurité sociale (Minister of Labour and Social Security), Luxembourg.

2.  Ministre de la famille (Minister of Family Affairs), Luxembourg.

►M3  

3.  Ministère de la Fonction publique et de la réforme administrative (Ministry for Public Service and Administrative Reform), Luxembourg.

 ◄

▼M13

►M15  

P.  HUNGARY:

 ◄

1.  Egészségügyi Minisztérium (Ministry of Health), Budapest.

2.  Ifjúsági, Családügyi, Szociális és Esélyegyenlőségi Minisztérium (Ministry of Youth, Family and Social Affairs and Equal Opportunities), Budapest.

3.  Foglalkoztatáspolitikai és Munkaügyi Minisztérium (Ministry of Employment and Labour), Budapest.

4.  Pénzügyminisztérium (Ministry of Finance), Budapest.

▼M11

►M15  

Q.  MALTA:

 ◄

1.  Ministeru ghall-Familja u Solidarjeta' Socjali (Ministry for the Family and Social Solidarity.

2.  Ministeru tas-Sahha, 1-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care).

▼B

►M15  

R.  NETHERLANDS:

 ◄

1.  Minister van Sociale Zaken en Werkgelegenheid (Minister of Social Affairs and Employment), Den Haag.

►M13  

2.  Minister van Volksgezondheid, Welzijn en Sport (Minister for Public Health, Welfare and Sport), Den Haag.

 ◄

▼M13

►M15  

S.  AUSTRIA:

 ◄

1.  Bundesminister für soziale Sicherheit, Generationen und Konsumentenschutz, (Federal Minister for Social Security, Generations and Consumer Protection), Vienna.

2.  Bundesminister für Wirtschaft und Arbeit (Federal Minister for Economic Affairs and Labour), Vienna.

3.  Bundesminister für Gesundheit und Frauen (Federal Minister for Health and Women), Vienna.

4.  Special schemes for civil servants:

Bundeskanzler (Federal Chancellor), Vienna, or the provincial government concerned.

▼A1

►M15  

T.  POLAND:

 ◄

►M11  

1.  Minister Polityki Spolecznej (Minister of Social Policy, Warszawa.

 ◄

2.  Minister Zdrowia (Minister of Health), Warszawa.

▼B

►M15  

U.  PORTUGAL:

 ◄

►M8  

1.  Ministro do Trabalho e da Solidariedade (Minister for Labour and Solidarity), Lisbon.

 ◄

2.  Ministro da Saúde (Minister of Health), Lisboa.

►M8  

3.  Secretário Regional dos Assuntos Sociais da Região Autónoma da Madeira (Regional Secretary for Social Affairs of the Autonomous Region of Madeira), Funchal.

 ◄

►M8  

4.  Secretário Regional dos Assuntos Sociais da Região Autónoma dos Açores (Regional Secretary for Social Affairs of the Autonomous Region of the Azores), Angra do Heroísmo.

 ◄

►M3  

5.  Ministro das Finanças (Minister for Finance), Lisboa.

 ◄

►M8  

6.  Ministro da Reforma do Estado e da Administração Pública (Minister for Reform of Government and Public Administration), Lisbon.

 ◄

▼M15

V.  ROMANIA

1.  Ministerul Muncii, Solidarității Sociale și Familiei (Ministry of Labour, Social Solidarity and Family), București.

2.  Ministerul Sănătății (Ministry of Health), București.

▼A1

►M15  

W.  SLOVENIA:

 ◄

1.  Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family and Social Affairs), Ljubljana.

2.  Ministrstvo za zdravje (Ministry of Health), Ljubljana.

►M15  

X.  SLOVAKIA:

 ◄

1.  Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky (Ministry of Labour, Social Affairs and Family of the Slovak Republic), Bratislava.

2.  Ministerstvo zdravotníctva Slovenskej republiky (Ministry of Health of the Slovak Republic), Bratislava.

▼B

►M15  

Y.  FINLAND:

 ◄

Sosiaali- ja terveysministeriö —Social- och hälsovårdsministeriet (Ministry of Social Affairs and Health), Helsinki.

►M15  

Z.  SWEDEN:

 ◄

Regeringen (Socialdepartementet) (the Government (the Ministry of Health and Social Affairs)), Stockholm.

►M15  

AA.  UNITED KINGDOM:

 ◄

►M9  

1.  Secretary of State for Work and Pensions, London.

 ◄

1a.  Secretary of State for Health, London.

►M6  

1b.  Commissioners of the Inland Revenue or their official representative, London.

 ◄

2.  Secretary of State for Scotland, Edinburgh.

3.  Secretary of State for Wales, Cardiff.

►M9  

4.  Department for Social Development, Belfast;

Department of Health, Social Services and Public Safety, Belfast.

 ◄

►M6  

5.  Principal Secretary, Social Affairs, Gibraltar.

 ◄

►M6  

6.  Chief Executive of the Gibraltar Health Authority.

 ◄




ANNEX 2 (A) (B) (2) (3) (7) (8) (9) (13) (14) (15)

COMPETENT INSTITUTIONS

(Article 1 (o) of the Regulation and Article 4 (2) of the implementing Regulation)

A.   BELGIUM



1.  Sickness andmaternity:

(a)  For the purposes of applying Articles 16 to 29 of the implementing Regulation:

 

(i)  as a generale rule:

the insurance body with which the employed or self-employed person is insured,

(ii)  for mariners:

Caisse de secours et de prévoyance en faveur des marins —Hulp- en voorzorgskas voor zeervarenden (Relief and Welfare Fund for Mariners), Antwerpen,

(iii)  for persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels),

(iv)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(b)  For the purposes of applying Title V of the implementing Regulation:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor ziekte- en invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute, Brussels) acting on behalf of the insurance bodies or the Relief and Welfare Fund for Mariners.

2.  Invalidity:

(a)  General invalidity (manual workers, clerical staff and miners) and invalidity of self-employed persons:

Institut national d'assurance maladie-invalidité Bruxelles —Rijksinstituut voor ziekte- en invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institution, Brussels) together with the insurance body with which the employed or self-employed person is, or has been, insured;

(b)  Special invalidity scheme for miners:

Fonds national de retraite des ouvriers-mineurs, Bruxelles —Nationaal pensioenfonds voor mijnwerkers, Brussel (National Pension Fund for Miners, Brussels);

(c)  Mariners' invalidity scheme:

Caisse de secours et de prévoyance en faveur des marins —Hulp- en voorzorgskas voor zeervarenden (Relief and Welfare Funds for Mariners), Antwerpen;

(d)  invalidity of persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(e)  invalidity of former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(f)  invalidity of persons covered by a special scheme for civil servants:

Administration des pensions du Ministère des Finances ou le service qui gère le régime spécial de pension —Administratie van pensioenen van het Ministerie van Financiën of de dienst die het bijzonder stelsel beheert(Pensions administration of the Ministry of Finance or the service which manages the special pensions scheme).

▼B

3.  Old-age, death (pensions):

(a)  general scheme (manual workers, clerical staff, miners and mariners):

Office national des pensions, Bruxelles —Rijksdienst voor pensioenen, Brussel (National Pension Office, Brussels);

(b)  non-salaried persons scheme:

Institut national d'assurances sociales pour travailleurs indépendants, Bruxelles —Rijksinstituut voor de sociale verzekeringen der zelfstandigen, Brussel (National Social Insurance Institute for Self-Employed Persons, Brussels);

(c)  overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(d)  scheme for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(e)  special scheme for civil servants:

Administration des pensions du Ministère des Finances ou le service qui gère le régime spécial de pension —Administratie van pensioenen van het Ministerie van Financiën of de dienst die het bijzonder stelsel beheert(Pensions administration of the Ministry of Finance or the service which manages the special pensions scheme).

▼B

4.  Accidents at work:

(a)  Until expiry of the review period provided for by the law of 10 April 1971 (Article 72):

 

(i)  benefits in kind:

 

—  renewal and maintenance of prostheses:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels),

—  benefits other than those referred to above:

the insurer with whom the employer is insured;

(ii)  cash benefits

 

—  grants:

the insurer with whom the employer is insured,

—  supplementary awards provided for by Royal Decree of 21 December 1971:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels);

(b)  after expiry of the review periods provided for by the law of 10 April 1971 (Article 72)

 

(i)  benefits in kind:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at work Fund Brussels),

(ii)  cash benefits:

 

—  pensions:

the duly appointed body for pensions,

—  supplementary awards:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels);

(c)  scheme for mariners and fishermen:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels);

(d)  in cases of non-insurance:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels);

(e)  scheme for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(f)  for the whole of the Belgian public sector:

Personnel department of the administration employing the civil servant;

(g)  scheme for military personnel and gendarmes:

Administration des pensions du Ministère des Finances —Administratie van Pensioenen van het Ministerie van Financiën (Pensions administration of the Ministry of Finance).

▼B

5.  Occupational diseases:

(a)  as a general rule:

Fonds des maladies professionelles, Bruxelles —Fonds voor beroepsziekten, Brussel (Occupational Diseases Fund, Brussels);

(b)  scheme for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(c)  for the whole of the Belgian public sector:

Personnel department of the administration employing the civil servant;

(d)  scheme for military personnel and gendarmes:

Administration des pensions du Ministère des Finances —Administratie van Pensioenen van het Ministerie van Financiën (Pensions administration of the Ministry of Finance).

▼B

6.  Death grants:

(a)  sickness and invalidity insurance:

 

(i)  in general:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor ziekte- en invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institution, Brussels) together with the insurance body with which the employed person was insured,

(ii)  for mariners:

Caisse de secours et de prévoyance en faveur des marins —Hulp- en voorzorgskas voor zeervarenden (Relief and Welfare Fund for Mariners), Antwerpen,

(iii)  for persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels)

(iv)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(b)  accidents at work:

 

(i)  in general:

the insurer,

(ii)  for mariners:

Fonds des accidents du travail, Bruxelles —Fonds voor arbeidsongevallen, Brussel (Accidents at Work Fund, Brussels),

(iii)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels),

▼M3

(iv)  for the whole of the Belgian public sector:

Personnel department of the administration employing the civil servant,

(v)  for military personnel and gendarmes:

Administration des pensions du Ministère des Finances —Administratie van Pensioenen van het Ministerie van Financiën (Pensions administration of the Ministry of Finance);

▼B

(c)  occupational diseases:

 

(i)  as a general rule:

Fonds des maladies professionnelles, Bruxelles —Fonds voor beroepsziekten, Brussel (Occupational Diseases Fund, Brussels),

(ii)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels),

▼M3

(iii)  for the whole of the Belgian public sector:

Personnel department of the administration employing the civil servant,

(iv)  for military personnel and gendarmes:

Administration des pensions du Ministère des Finances —Administratie van Pensioenen van het Ministerie van Financiën (Pensions administration of the Ministry of Finance);

(d)  for those entitled to a pension under a special scheme for civil servants:

Administration des pensions du Ministère des Finances ou le service qui gère le régime spécial de pension —Administratie van Pensioenen van het Ministerie van Financiën of de dienst die het bijzonder stelsel beheert(Pensions administration of the Ministry of Finance or the service which manages the special pensions scheme).

▼B

7.  Unemployment:

(i)  in general:

Office national de l'emploi, Bruxelles —Rijksdienst voor arbeidsvoorziening, Brussel (National Employment Office, Brussels);

(ii)  for mariners:

Pool des marins de la marine marchande —Pool van de zeelieden ter koopvaardij, (Merchant Navy Pool) Antwerpen.

8.  Family benefits:

(a)  employed persons scheme:

Office national des allocations familiales pour travailleurs salariés, Bruxelles —Rijksdienst voor kinderbijslag voor werknemers, Brussel (National Family Allowances Office for Employed Persons, Brussels);

(b)  self-employed persons' scheme:

Institut national d'assurances sociales pour travailleurs indépendants, Bruxelles —Rijksinstituut voor de sociale verzekeringen der zelfstandigen, Brussel (National Social Insurance Institute for Self-Employed Persons, Brussels);

(c)  scheme for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

▼M15

B.   BULGARIA



1.  Sickness and maternity:

(a)  benefits in kind:

—  Министерство на здравеопазването (Ministry of Health), София,

—  Национална здравноосигурителна каса (National Health Insurance Fund), София,

—  Агенция за хората с увреждания (Agency for People with Disabilities), София;

b)  cash benefits:

Национален осигурителен институт (National Social Security Institute), София.

2.  Invalidity, old age and survivors' pensions:

Национален осигурителен институт (National Social Security Institute), София.

3.  Accidents at work and occupational diseases:

(a)  benefits in kind:

—  Министерство на здравеопазването (Ministry of Health), София,

—  Национална здравноосигурителна каса (National Health Insurance Fund), София,

—  Агенция за хората с увреждания (Agency for People with Disabilities), София;

(b)  cash benefits:

Национален осигурителен институт (National Social Security Institute), София.

4.  Death grants:

Национален осигурителен институт (National Social Security Institute), София.

5.  Unemployment benefits:

Национален осигурителен институт (National Social Security Institute), София.

6.  Family benefits:

Агенция за социално подпомагане (Social Assistance Agency), София.

▼M15

C.   CZECH REPUBLIC

▼A1



1.  Sickness and maternity:

(a)  Benefits in kind:

the health insurance company at which the person is insured;

(b)  Benefits in cash:

 

(i)  in general:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha and its regional units;

▼M11

(ii)  for members of the armed forces:

 

—  professional soldiers:

Social Security Agency of the Ministry of Defence;

—  members of the police and fire brigade:

Social Security Agency of the Ministry of Interior;

—  members of the prison service:

Social Security Agency of the Ministry of Justice;

—  members of the customs administration:

Social Security Agency of the Ministry of Finance.

▼A1

2.  Invalidity, old-age and death (pensions):

(a)  in general:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha;

▼M11

(b)  for members of the armed forces:

 

—  professional soldiers:

Social Security Agency of the Ministry of Defence;

—  members of the police and fire brigade:

Social Security Agency of the Ministry of Interior;

—  members of the prison service:

Social Security Agency of the Ministry of Justice;

—  members of the customs administration:

Social Security Agency of the Ministry of Finance.

▼A1

3.  Accidents at work and occupational diseases:

(a)  Benefits in kind:

the health insurance company at which the person is insured;

(b)  Benefits in cash:

 

(i)  in general:

 

—  compensation for accidents at work and occupational diseases:

the employer or the insurer acting in his stead:

Česká pojišťovna a.s. (the Czech Insurance Company, Inc.);

Kooperativa pojišťovna, a.s. (the Kooperativa Insurance Company, Inc.);

—  pensions:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha;

—  short-term benefits:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha and its regional units.

▼M11

(ii)  for members of the armed forces:

 

—  professional soldiers:

Social Security Agency of the Ministry of Defence;

—  members of the police and fire brigade:

Social Security Agency of the Ministry of Interior;

—  members of the prison service:

Social Security Agency of the Ministry of Justice;

—  members of the customs administration:

Social Security Agency of the Ministry of Finance.

4.  Death Grants:

State Social Support Bodies in accordance with persons residence/stay.

▼A1

5.  Unemployment benefits:

Employment Offices in accordance with a person's residence (stay).

▼M11

6.  Family benefits:

State Social Support Bodies in accordance with persons residence/stay.

▼M15

D.   DENMARK



▼M9

(a)  Sickness and maternity:

(i)  Benefits in kind:

 

1.  In general:

The competent ‘amtskommune’ (district administration). In København: Borgerrepræsentationen (municipal authority). In Frederiksberg: Kommunalbestyrelsen (local authority). For hospital treatment in København or Frederiksberg: Hovedstadens Sygehusfællesskab (Hospitals Cooperative),

2.  For pension claimants and pensioners and members of their families residing in another Member State, see the provisions of Title III, Chapter 1, Sections 4 and 5 of the Regulation and Articles 28 to 30 of the implementing Regulation:

Den Sociale Sikringsstyrelse (Social Security Administration), København;

(ii)  Cash benefits:

Local authority of the commune in which the beneficiary resides.

▼B

(b)  Invalidity:

(i)  benefits granted under the legislation on social pensions:

►M2  Den Sociale Sikringsstyrelse (Social Security Administration), København ◄ ;

▼M9

(ii)  Rehabilitation benefits:

Local authority of the commune in which the beneficiary resides;

▼M3

(iii)  pensions granted under legislation on pensions for civil servants:

Finansministeriet, Økonomistyrelsen (Ministry of Finance, Agency for financial management and administrative affairs), Københaven.

▼B

(c)  Old-age and death (pensions):

(i)  pensions granted under legislation on social pensions:

►M2  Den Sociale Sikringsstyrelse (Social Security Administration), København ◄ ;

(ii)  pensions granted under the law on supplementary pensions for employed persons (‘loven om Arbejdsmarkedets Tillægspension’):

Arbejdsmarkedets Tillægspension (Supplementary Pensions Office for Employed Persons); Hillerød;

▼M3

(iii)  pensions granted under legislation on pensions for civil servants:

Finansministeriet, Økonomistyrelsen (Ministry of Finance, Agency for financial management and administrative affairs), Københaven.

▼B

(d)  Accidents at work and occupational diseases:

(i)  benefits in kind and pensions:

Arbejdsskadetstyrelsen (National Office for Accidents at Work and Occupational Diseases), København;

▼M9

(ii)  Daily allowances:

Local authority of the commune in which the beneficiary resides.

(e)  Death grants:

(i)  Insured persons resident in Denmark:

Local authority of the commune in which the beneficiary resides. In København: Borgerrepræsentationen (municipal authority);

(ii)  Beneficiaries resident in another Member State, (see Title III, Chapter 5 of the Regulation and Articles 78 and 79 of the implementing Regulation):

Indenrigs- og Sundhedsministeriet (Ministry of Internal Affairs and Health), København.

(f)  Unemployment:

Arbejdsdirektoratet (Directorate of Labour) København.

(g)  Family benefits (family allowances):

Local authority of the commune in which the beneficiary resides.

▼M15

E.   GERMANY

▼B

The jurisdiction of the German institutions shall be governed by the provisions of German legislation, unless otherwise specified hereinafter



1.  Sickness insurance:

For the purposes of applying Article 13 (2) (e) of the Regulation:

 

(a)  where the person concerned is resident in the territory of the Federal Republic of Germany:

►M1  The sickness fund chosen by the person concerned in the place of residence ◄ ;

(b)  where the person concerned is resident in the territory of another Member State:

►M1  The sickness fund in the Bonn area chosen by the person concerned ◄ ;

(c)  where the members of the family of the person concerned were, prior to his being called up or recalled for service in the armed forces, or for civilian service, insured with a German institution in accordance with Article 17 (1) of the implementing Regulation:

the sickness insurance institution with which these members of the family are insured.

For the purposes of applying Article 25 (1) of the Regulation:

the sickness insurance institution with which the unemployed person was insured on the date when he left the territory of the Federal Republic of Germany.

For the sickness insurance of pension claimants and of pensioners and the members of their families under the provisions of Sections 4 and 5 of Chapter 1 of Tile III of the Regulation:

►M1  the sickness insurance fund chosen by the person concerned in the place of residence. If anAllgemeine Ortskrankenkasse (Local General Sickness Fund) would be competent accordingly, the person concerned comes under theAOK-Rheinland, Regionaldirektion Bonn (Local General Sickness Fund — Rhineland, Regional Directorate Bonn). ◄

▼M1 —————

▼B

2.  Pension insurance for manual workers, clerical staff and miners:

For admission to voluntary insurance, and for the determination of claims to benefits and the granting of benefits pursuant to the provisions of the Regulation:

 

(a)  For persons who have been insured or are considered as such either exclusively under German legislation or under German legislation and the legislation of one or more other Member States, and for their survivors, if the person concerned:

— is resident in the territory of another Member State,

— or

— is a national of another Member State resident in the territory of a non-member State:

 

▼M11

(i)  If the last contribution was paid into the manual workers’ pension insurance scheme:

 

—  if the person concerned is resident in the Netherlands or is a Netherlands national resident in the territory of a non-member State:

Landesversicherungsanstalt Westfalen (Regional Insurance Office of Westphalia), Münster

—  if the person concerned is resident in Belgium or Spain or is a Belgian or Spanish national resident in the territory of a non-member State:

Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf

—  if the person concerned is resident in Italy or Malta or is an Italian or Maltese national resident in the territory of a non-member State:

Landesversicherungsanstalt Schwaben (Regional Insurance Office of Swabia), Augsburg

—  if the person concerned is resident in France or Luxembourg or is a French or Luxembourg national resident in the territory of a non-member State:

Landesversicherungsanstalt Rheinland-Pfalz (Regional Insurance Office of the Rhineland-Palatinate), Speyer

—  if the person concerned is resident in Denmark, Finland or Sweden or is a Danish, Finnish or Swedish national resident in the territory of a non-member State:

Landesversicherungsanstalt Schleswig-Holstein (Regional Insurance Office of Schleswig-Holstein), Lübeck

—  if the person concerned is resident in Estonia, Latvia or Lithuania or is an Estonian, Latvian or Lithuanian national resident in the territory of a non-member State:

Landesversicherungsanstalt Mecklenburg-Vorpommern (Regional Insurance Office of Mecklenburg-Western Pomerania), Neubrandenburg

—  if the person concerned is resident in Ireland or the United Kingdom or is an Irish or United Kingdom national resident in the territory of a non-member State:

Landesversicherungsanstalt Freie und Hansestadt Hamburg (Regional Insurance Office of the Free and Hanseatic City of Hamburg), Hamburg

—  if the person concerned is resident in Greece or Cyprus or is a Greek or Cypriot national resident in the territory of a non-member State:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe

—  if the person concerned is resident in Portugal or is a Portuguese national resident in the territory of a non-member State:

Landesversicherungsanstalt Unterfranken (Regional Insurance Office of Lower Franconia), Würzburg

—  if the person concerned is resident in Austria or is an Austrian national resident in the territory of a non-member State:

Landesversicherungsanstalt Oberbayern (Regional Insurance Office of Upper Bavaria), München

—  if the person concerned is resident in Poland or is a Polish national resident in the territory of a non-member State:

Landesversicherungsanstalt Berlin (Regional Insurance Office of Berlin), Berlin

—  if the person concerned is resident in Slovakia, Slovenia or the Czech Republic or is a Slovakian, Slovenian or Czech national resident in the territory of a non-member State:

Landesversicherungsanstalt Niederbayern-Oberpfalz (Regional Insurance Office of Lower Bavaria-Oberpfalz), Landshut

—  if the person concerned is resident in Hungary or is a Hungarian national resident in the territory of a non-member State:

Landesversicherungsanstalt Thüringen (Regional Insurance Office of Thuringia), Erfurt

if, however, the last contribution was paid into:

 

—  the Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken, and the person concerned is resident in France, Italy or Luxembourg or is a French, Italian or Luxembourg national resident in the territory of a non-member State:

Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken

—  the Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main:

Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main

—  the Seekasse (Mariners’ Insurance Fund), Hamburg, or if contributions were paid for at least 60 months into the Seekasse (Rentenversicherung der Arbeiter oder der Angestellten) (Mariners’ Insurance Fund) (pension insurance scheme for manual workers or clerical staff), Hamburg:

Seekasse (Mariners’ Insurance Fund), Hamburg.

▼B

(ii)  If the last contribution was paid into the pension insurance scheme for clerical staff:

 

—  if no contribution was paid into theSeekasse (Mariners' Insurance Fund), Hamburg, or if the last contribution was not paid to theBahnversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

Bundesversicherungsanstalt für Angestellte (Federal Insurance Office for Clerical Staff), Berlin,

—  if a contribution was paid into theSeekasse (Rentenversicherung der Arbeiter oder Angestellten) (Mariners' Insurance Fund (pension insurance scheme for manual workers or clerical staff)), Hamburg:

Seekasse (Mariners' Insurance Fund), Hamburg,

—  if the last contribution was paid to theBahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main:

Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main;

▼M9

(iii)  Where a contribution was paid into the pension insurance scheme for miners:

Bundesknappschaft (Federal Insurance Fund for Miners), Bochum.

▼B

(b)  For persons who have been insured or are considered as having been insured under German legislation of one or more other Member States, and for their survivors, if the person concerned:

— is resident in the territory of Germany, ►M5   excluding in the Saarland, ◄

— or

— is a German national resident in the territory of a non-member State:

 

▼M11

(i)  if the last contribution under German legislation was paid into the manual workers’ pension insurance scheme:

 

—  if the last contribution under the legislation of another Member State was paid into a Netherlands pension insurance institution:

Landesversicherungsanstalt Westfalen (Regional Insurance Office of Westphalia), Münster

—  if the last contribution under the legislation of another Member State was paid into a Belgian or Spanish pension insurance institution:

Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf

—  if the last contribution under the legislation of another Member State was paid into an Italian or Maltese pension insurance institution:

Landesversicherungsanstalt Schwaben (Regional Insurance Office of Swabia), Augsburg

—  if the last contribution under the legislation of another Member State was paid into a French or Luxembourg pension insurance institution:

Landesversicherungsanstalt Rheinland-Pfalz (Regional Insurance Office of the Rhineland-Palatinate), Speyer

—  if the last contribution under the legislation of another Member State was paid into a Danish, Finnish or Swedish pension insurance institution:

Landesversicherungsanstalt Schleswig-Holstein (Regional Insurance Office of Schleswig-Holstein), Lübeck

—  if the last contribution under the legislation of another Member State was paid into an Estonian, Latvian or Lithuanian pension insurance institution:

Landesversicherungsanstalt Mecklenburg-Vorpommern (Regional Insurance Office of Mecklenburg-Western Pomerania), Neubrandenburg

—  if the last contribution under the legislation of another Member State was paid into an Irish or United Kingdom pension insurance institution:

Landesversicherungsanstalt Freie und Hansestadt Hamburg (Regional Insurance Office of the Free and Hanseatic City of Hamburg), Hamburg

—  if the last contribution under the legislation of another Member State was paid into a Greek or Cypriot pension insurance institution:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe

—  if the last contribution under the legislation of another Member State was paid into a Portuguese pension insurance institution:

Landesversicherungsanstalt Unterfranken (Regional Insurance Office of Lower Franconia), Würzburg

—  if the last contribution under the legislation of another Member State was paid into an Austrian pension insurance institution:

Landesversicherungsanstalt Oberbayern (Regional Insurance Office of Upper Bavaria), München

—  if the last contribution under the legislation of another Member State was paid into a Polish pension insurance institution:

Landesversicherungsanstalt Berlin (Regional Insurance Office of Berlin), Berlin, or

in cases where only the Agreement of 9.10.1975 on pension and accident insurance is applicable: the locally competent Regional Insurance Office under German legislation

—  if the last contribution under the legislation of another Member State was paid into a Slovakian, Slovenian or Czech pension insurance institution:

Landesversicherungsanstalt Niederbayern-Oberpfalz (Regional Insurance Office of Lower Bavaria-Oberpfalz), Landshut

—  if the last contribution under the legislation of another Member State was paid into a Hungarian pension insurance institution:

Landesversicherungsanstalt Thüringen (Regional Insurance Office of Thuringia), Erfurt

if, however, the person concerned is resident in the territory of Germany in the Saarland or if he is a German national resident in the territory of a non-Member State, if the last contribution under German legislation was paid into a pension insurance institution situated in the Saarland, if the last contribution under the legislation of another Member State was paid into a French, Italian or Luxembourg pension insurance institution:

Landesversicherungsanstalt für das Saarland (Regional Insurance Office for the Saarland), Saarbrücken;

if, however, the last contribution under German legislation was paid into:

the Seekasse (Mariners’ Insurance Fund), Hamburg,

—  or if contributions by virtue of employment in the German navy or the navy of another country were paid for at least 60 months:

Seekasse (Mariners’ Insurance Fund), Hamburg,

—  the Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main:

Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main;

▼B

(ii)  If the last contribution was paid into pension insurance scheme for clerical staff:

 

—  if no contribution was paid into theSeekasse (Mariners' Insurance Fund), Hamburg, or if the last contribution was not paid to theBundesversicherungsanstalt (Federal Railways Insurance Office), Frankfurt am Main:

Bundesversicherungsanstalt für Angestellte (Federal Insurance Office for Clerical Staff), Berlin,

—  if a contribution was paid into theSeekasse (Rentenversicherung der Arbeiter oder der Angestellten) (Mariners' Insurance Fund (Pension insurance scheme for manual workers or clerical staff)), Hamburg:

Seekasse (Mariners' Insurance Fund), Hamburg,

—  if the last contribution was paid to theBahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main;

Bahnversicherungsanstalt (Railways Insurance Office), Frankfurt am Main;

▼M9

(iii)  where a contribution was paid into the pension insurance scheme for miners:

Bundesknappschaft (Federal Insurance Fund for Miners), Bochum.

▼B

(c)  In the event of a change of country of residence after benefits have been awarded in the cases referred to in subparagraphs (a) (i) and (b) (i), the competent institution shall change accordingly.

 

▼M6

3.  Old-age insurance for farmers:

Gesamtverband der landwirtschaftlichen Alterskassen (National Association of Agricultural Old-Age Funds), Kassel.

▼B

4.  Complementary insurance for iron and steel workers:

Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken.

5.  Accident insurance (accidents at work and occupational diseases):

The institution responsible for accident insurance for the case concerned.

6.  Unemployment and family benefits:

Bundesanstalt für Arbeit (Federal Labour Office), Nürnberg.

▼M15

F.   ESTONIA

▼A1



1.  Sickness and maternity:

Eesti Haigekassa (Estonian Health Insurance Fund), Tallinn.

2.  Invalidity, old-age, survivors' pensions:

Sotsiaalkindlustusamet (Social Insurance Board), Tallinn.

3.  Accidents at work and occupational diseases:

(a)  compensation paid under the Civil Code:

employers;

(b)  pensions:

Sotsiaalkindlustusamet (Social Insurance Board), Tallinn.

4.  Death grants:

Sotsiaalkindlustusamet (Social Insurance Board), Tallinn.

▼M11

5.  Unemployment:

Eesti Töötukassa (Estonian Unemployment Insurance Fund)

▼A1

6.  Family benefits:

Sotsiaalkindlustusamet (Social Insurance Board), Tallinn.

7.  Matters relating to the payment of social security contributions (social tax):

Maksuamet (Tax Board), Tallinn.

▼M15

G.   GREECE

▼B



1.  Sickness and maternity:

▼M11

(a)  as a general rule:

Ίδρυμα Κοινωνικών Ασφαλίσεων — Ενιαίο Ταμείο Ασφάλισης Μισθωτών (ΙΚΑ — ΕΤΑΜ), Αθήνα (Social Insurance Institute — Unified Insurance Fund for Employees (ΙΚΑ — ΕΤΑΜ), Athens), or the insurance body with which the worker is or was insured;

▼B

(b)  for mariners:

Οίκος Ναύτου, Πειραιάς (Seaman's Home), Piraeus;

(c)  agricultural scheme:

Οργανισμός Γεωργικών Ασφαλίσεων (ΟΓΑ), Αθήνα (National Agricultural Insurance Institute, Athens);

▼M2

(d)  special scheme for public service employees:

 

▼M11

(i)  civil servants:

Οργανισμός Περίθαλψης Ασφαλισμένων Δημοσίου (ΟΠΑΔ), Αθήνα (Civil Servants’ Sickness Insurance Fund (OPAD), Athens;

▼M2

(ii)  local government employees:

Ταμείο Υγείας Δημοτικών και Κοινοτικών Υπαλλήλων (ΤΥΔΚΥ) Αθήνα (Health Fund for Employees of Municipalities and Communities, TYDKY, Athens);

(iii)  military personnel on active service:

Υπουργείο Εθνικής Αμύνης, Αθήνα (Ministry of National Defence, Athens);

(iv)  military personnel on active service in the Harbour Guard:

Υπουργείο Εμπορικής Ναυτιλίας, (Ministry of the Merchant Navy, Piraeus);

(e)  Special car scheme for higher and technological institutions' students:

Ειδικό σύστημα περίθαλψης φοιτητών και σπουδαστών ΑΕΙ και ΤΕΙ. The higher and technological institution (AEI and TEI) on a case-by-case basis.

▼B

2.  Invalidity, old-age, death (pensions):

▼M11

(a)  as a general rule:

Ίδρυμα Κοινωνικών Ασφαλίσεων — Ενιαίο Ταμείο Ασφάλισης Μισθωτών (ΙΚΑ — ΕΤΑΜ), Αθήνα (Social Insurance Institute — Unified Insurance Fund for Employees (ΙΚΑ — ΕΤΑΜ), Athens), or the insurance body with which the worker is or was insured;

▼B

(b)  mariners' scheme:

Ναυτικό Απομαχικό Ταμείο (ΝΑΤ), Πειραιάς (Mariner's Retirement Fund, Piraeus);

(c)  agricultural scheme:

Οργανισμός Γεωργικών Ασφαλίσεων (ΟΓΑ), Αθήνα (National Agricultural Insurance Institute, Athens);

▼M3

(d)  State pensioners:

Γενικό Λογιστήριο του Κράτους

(General accounts office), Athens.

▼B

3.  Accidents at work, occupational diseases:

▼M11

(a)  as a general rule:

Ίδρυμα Κοινωνικών Ασφαλίσεων — Ενιαίο Ταμείο Ασφάλισης Μισθωτών (ΙΚΑ — ΕΤΑΜ), Αθήνα (Social Insurance Institute — Unified Insurance Fund for Employees (ΙΚΑ — ΕΤΑΜ), Athens), or the insurance body with which the worker is or was insured;

▼B

(b)  mariners' scheme:

Ναυτικό Απομαχικό Ταμείο (ΝΑΤ), Πειραιάς (Mariners' Retirement Fund, Piraeus);

(c)  agricultural scheme:

Οργανισμός Γεωργικών Ασφαλίσεων, Αθήνα (National Agricultural Insurance Institute, Athens);

▼M3

(d)  State pensioners:

Γενικό Λογιστήριο του Κράτους

(General accounts office), Athens.

▼B

4.  Death grants (funeral expenses):

▼M11

(a)  as a general rule:

Ίδρυμα Κοινωνικών Ασφαλίσεων — Ενιαίο Ταμείο Ασφάλισης Μισθωτών (ΙΚΑ — ΕΤΑΜ), Αθήνα (Social Insurance Institute — Unified Insurance Fund for Employees (ΙΚΑ — ΕΤΑΜ), Athens), or the insurance body with which the worker is or was insured;

▼B

(b)  mariners' scheme:

Οίκος Ναύτου, Πειραιάς (Seaman's Home, Piraeus);

(c)  agricultural scheme:

Οργανισμός Γεωργικών Ασφαλίσεων (ΟΓΑ), Αθήνα (National Agricultural Insurance Institute, Athens).

5.  Family allowances:

(a)  employed persons' scheme, including undertakings schemes:

Οργανισμός Απασχολήσεως Εργατικού Δυναμικού (ΟΑΕΔ), Αθήνα (Labour Employment Office, Athens);

(b)  agricultural scheme:

Οργανισμός Γεωργικών Ασφαλίσεων (ΟΓΑ), Αθήνα (National Agricultural Insurance Institute, Athens);

(c)  for mariners:

Εστία Ναυτικών (Seamen's home, Piraeus);

▼M3

(d)  for civil servants and persons treated as such:

Γενικό Λογιστήριο του Κράτους

(General accounts office), Athens, or the insurance body with which the worker is or was insured.

▼B

6.  Unemployment:

(a)  as a general rule:

Οργανισμός Απασχολήσεως Εργατικού Δυναμικού (ΟΑΕΔ), Αθήνα (Labour Employment Office, Athens);

(b)  mariners' scheme:

Οίκος Ναύτου, Πειραιάς (Seamen's Home, Piraeus);

(c)  newspaper industry employees' scheme, administered by:

1.  Ταμείο Ασφαλίσεως Εργατών Τύπου, Αθήνα (Insurance Fund for Press Employees, Athens);

2.  Ταμείον Συντάξεως Προσωπικού Εφημερίδων Αθηνών — Θεσσαλονίκης, Αθήνα (Pension Fund for Press Employees in Athens and Salonika, Athens).

▼M15

H.   SPAIN

▼B



►M3  

1.  All schemes with the exception of the mariners' scheme and the scheme for civil servants, military personnel and court officers:

 ◄

(a)  for all contingencies with the exception of unemployment:

Direcciones Provinciales del Instituto Nacional de la Seguridad Social (Provincial Directorates of the National Institute of Social Security);

▼M11

(b)  for unemployment:

Direcciones Provinciales del Servicio Público de Empleo Estatal. INEM (Provincial Directorates of the State Public Employment Service. INEM).

▼B

2.  Mariners' scheme:

Instituto Social de la Marina (Social Institute for mariners), Madrid.

▼M11

3.  For non-contributory old-age and invalidity pensions:

Instituto de Mayores y Servicios Sociales.

▼M3

4.  Special scheme for civil servants:

(a)  For old-age, death (including orphans' pensions) and invalidity pensions:

Dirección General de Costes de Personel y Pensiones Públicas — Ministerio de Economía y Hacienda (Directorate-general for staff expenditure and public pensions — Ministry of Economic Affairs and Finance);

(b)  For the award of supplements for major invalidity and for a dependent disabled child:

Mutualidad General de Funcionarios Civiles del Estado (Civil servants' general mutual benefits insurance scheme), Madrid.

5.  Special scheme for military personnel:

(a)  For old-age, death (including orphans' pensions) and invalidity pensions:

Dirección General de Personal, Ministerio de Defensa (Directorate-general for personnel, Ministry of Defence), Madrid;

(b)  For recognition of unfit-for-service pensions, major invalidity benefits and family benefits for a dependent disabled child:

Instituto Social de las Fuerzas Armadas (Armed forces' social institute), Madrid;

(c)  For family benefits:

Las Delegaciones Provinciales del Ministerio de Defensa (Provincial delegations of the Ministry of Defence).

6.  Special scheme for court officers:

▼M6

(a)  For old-age, death (including orphans' pensions) and invalidity pensions:

Dirección General de Costes de Personal y Pensiones Públicas — Ministerio de Economía y Hacienda (Directorate-General for Personnel Costs and Public Pensions — Ministry of Economics and Trade);

(b)  For recognition of major invalidity benefits and benefits for a dependent disabled child:

La Mutualidad General Judicial (Judicial general mutual benefits insurance fund), Madrid.

▼M15

I.   FRANCE

▼B



1.  For the purposes of Articles 93 (1), 94 and 95 of the implementing Regulation:

 

A.  Scheme for employedpersons:

(a)  general scheme:

Caisse nationale de l'assurance maladie (National Sickness Insurance Fund), Paris;

(b)  agricultural scheme:

Caisse centrale de secours mutuels agricoles (Central Agricultural Mutual Benefit Fund), Paris;

(c)  miners' scheme:

Caisse autonome nationale de sécurité sociale dans les mines (National Independent Social Security Fund for Miners), Paris;

(d)  mariners' scheme:

Établissement national des invalides de la marine (National Institution for Disabled Mariners), Paris.

B.  Scheme for self-employed persons:

(a)  scheme for self-employed persons not engaged in agriculture:

Caisse nationale d'assurance maladie et maternité des travailleurs non salariés des professions non agricoles, Saint-Denis (National Sickness and Maternity Fund for Self-Employed Persons not Engaged in Agriculture), Saint-Denis;

(b)  agricultural scheme:

Caisse centrale de secours mutuels agricoles (Central Agricultural Mutual Benefit Fund), Paris,

Caisse centrale des mutuelles agricoles (Central Agricultural Mutual Benefit Fund),

Fédédration française des sociétés d'assurance (Ramex et Gamex) (French Federation of Insurance Societies),

Fédération nationale de la mutualité françcaise (National Federation of French Mutual Benefit Associations).

2.  For the purposes of applying Article 96 of the implementing Regulation:

 

(a)  general scheme:

Caisse nationale de l'assurance maladie (National Sickness Insurance Fund), Paris;

(b)  agricultural scheme:

Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund);

(c)  miners' scheme:

Caisse autonome nationale de sécurité sociale dans les mines (National Independent Social Security Fund for Miners), Paris;

(d)  mariners' scheme:

Établissement national des invalides de la marine (National Institute for Disabled Mariners), Paris.

3.  The other competent institutions are those defined under French legislation, namely:

 

I.  METROPOLITAN FRANCE

A.   Scheme for employed person:

(a)  general scheme:

 

(i)  sickness, maternity, death (grant):

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund);

(ii)  invalidity:

 

(aa)  in general, except for Paris and the Paris region:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund);

for Paris and the Paris region:

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund), Paris;

(bb)  special scheme provided for in Articles L 365 to L 382 of the Social Security Code:

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund), Strasbourg;

(iii)  old-age:

 

(aa)  as a general rule, except for Paris and the Paris region:

Caisse régionale d'assurance maladie (branche vieillesse) (Regional Sickness Insurance Fund (Old-Age Section));

for Paris and the Paris region:

Caisse nationale d'assurance vieillesse des travailleurs salariés (National Old-Age Insurance Fund for Employed Persons), Paris;

(bb)  special scheme provided for in Articles L 365 to L 382 of the Social Security Code:

Caisse régionale d'assurance vieillesse (Regional Old-Age Insurance Fund), Strasbourg,

or

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund), Strasbourg;

(iv)  accidents at work:

 

(aa)  temporary incapacity:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund);

(bb)  permanent incapacity:

 

—  pensions:

 

—  accidents occuring after 31 December 1946:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund),

—  accidents occuring before 1 January 1947:

the employer or the insurer acting in his stead;

—  pension increases:

 

—  accidents occuring after 31 December 1946:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund),

—  accidents occuring before 1 January 1947:

Caisse des dépôts et consignations (Deposit and consignment Office);

(v)  family benefits:

Caisse d'allocations familiales (Family Allowances Fund);

(vi)  unemployment:

 

—  for registration as a person seeking work:

local employment agency in the place of residence of the person concerned,

—  for the issue of forms E 301, E 302, E 303:

Groupement des Assedic de la région parisienne (GARP), 90, rue Baudin, F92537 Levallois-Perret;

(b)  agricultural scheme:

 

(i)  sickness, maternity, death (grant), family benefits:

Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund);

(ii)  invalidity and old-age insurance and benefits for the surviving spouse:

Caisse centrale de secours mutuels agricoles (Central Agricultural Mutual Benefit Fund), Paris;

(iii)  accidents at work:

 

(aa)  as a general rule:

— the employer of the insurer acting in his stead, for accidents occurring before 1 July 1973,

— Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund), for accidents occurring after 30 June 1973;

(bb)  for pension increases:

— Caisse des dépôts et consignations (Deposit and Consignment Office), Arceuil (94), for accidents occurring before 1 July 1973,

— Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund), for accidents occurring after 30 June 1973;

(iv)  unemployment:

 

—  for registration as a person seeking work:

Local employment agency in the place of residence of the person concerned,

—  for the issue of forms E 301, E 302, E 303:

Groupement des Assedic de la région parisienne (GARP), 90, rue Baudin, F-92537 Levallois-Perret;

(c)  miners' scheme:

 

(i)  sickness, maternity, death (grant):

Société de secours minière (Miners' Relief Society),

(ii)  invalidity, old-age death (pensions):

Caisse autonome nationale de sécurité sociale dans les mines (National Independent Social Security Fund for Miners), Paris;

(iii)  accidents at work:

 

(aa)  temporary incapacity:

Société de secours minière (Miners' Relief Society);

(bb)  permanent incapacity:

 

—  pensions:

 

—  accidents occurring after 31 December 1946:

Union régionale des sociétés de secours minières (Regional Union of Miners' Relief Societies),

—  accidents occurring before 1 January 1947:

the employer or the insurer acting in his stead;

—  pensions increases:

 

—  accidents occurring after 31 December 1946:

Union régionale des sociétés de secours minières (Regional Union of Miners' Relief Societies),

—  accidents occurring before 1 January 1947:

Caisse des dépôts et consignations (Deposit and Consignment Office);

(iv)  family benefits:

Union régionale des sociétés de secours minières (Regional Union of Miners'; Relief Societies);

(v)  unemployment:

 

—  for registration as a person seeking work:

Local employment agency in the place of residence of the person concerned,

—  for the issue of forms E 301, E 302, E 303:

Agence nationale pour l'emploi (service spécialisé pour la sécurité sociale des travailleurs migrants) (National Employment Agency (Special Department Dealing with Social Security for Migrant Workers)), 9, rue Sextius Michel, F-75015 Paris;

(d)  mariners' scheme:

 

(i)  sickness, maternity, invalidity, accidents at work, death (grant) and pensions for survivors of disabled persons or of persons who have sustained an accident at work:

Section Caisse générale de prévoyance des marins du quartier des affaires maritimes (General Welfare Fund for Mariners, Department of the Maritime Affairs Division);

(ii)  old-age, death (pensions):

Section «Caisse de retraite des marins» du quartier des affaires maritimes (Mariners' Pension Fund Department of the Maritime Affairs Division);

(iii)  family benefits:

Caisse nationale d'allocations familiales des marins du commerce (National Family Allowances Fund for Mariners in the Merchant Navy), orCaisse nationale d'allocations familiales de la pêche maritime (National Family Allowances Fund for the Sea Fishing Industry), as appropriate;

(iv)  unemployment:

 

—  for registration as a person seeking work:

local employment agency in the place of residence or in the habitual port of embarkation of theBureau central de la main d'œuvre maritime (Central Office for Seafarers),

—  for the issue of forms E 301, E 302, E 303:

Groupement des Assedic de la région parisienne (GARP), 90, rue Baudin, F-92537 Levallois-Perret,

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(e)  special civil servants' scheme

(invalidity, old age, occupational accidents and diseases):

(i)  national civil servants:

Service des pensions du ministère chargé du budget (Pensions department, Ministry with responsibility for the budget);

(ii)  regional and local authority or hospital service civil servants:

Caisse des dépôts et consignations (Deposit and consignment Office), Bordeaux centre.

▼B

B.  Scheme for self-employed persons:

(a)  scheme for employed persons not engaged in agriculture:

 

(i)  sickness, maternity:

Caisse mutuelle régionale (Regional Mutual Benefit Fund);

(ii)  old-age:

 

(aa)  craftsmen's scheme:

— Caisse nationale de l'organisation autonome d'assurance vieillesse des travailleurs non salariés des professions artisanales (Cancava) Paris (National Independent Old-Age Insurance Fund for Self-Employed Persons in Craft Occupations),

— Caisses de base professionnelles ou interprofessionnelles (Local Occupational or inter-occupational Fund);

(bb)  manufacturers' and tradesmen's scheme:

— Caisse nationale de l'organisation autonome d'assurance vieillesse des travailleurs non salariés des professions industrielles et commerciales (Organic) (National Independent Old-Age Insurance Fund for Self-Employed Persons in Manufacturing or Trading Occupations),

— Caisses de base professionnelles ou interprofessionnelles (Local Occupational or Inter-occupational Funds);

(cc)  scheme for the professions:

Caisse nationale d'assurance vieillesse des professions libérales (CNAVPL), sections professionnelles (National Old-Age Insurance Fund for Members of the Professions — Professional Branches);

(dd)  lawyers' scheme:

Caisse nationale des barreaux français (CNBF) (National Fund for Members of the French Bar);

(b)  agricultural scheme:

 

(i)  sickness, maternity, invalidity:

Organisme assureur habilité auprés duquel le travailleur non salarié agricole est affilié (the authorized insurance body with which the self-employed person engaged in agriculture is insured);

(ii)  old-age insurance and benefits for the surviving spouse:

Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund);

(iii)  non-industrial accidents, accidents at work and occupational diseases:

— Organisme agréé auprès duquel le travailleur non salarié agricole est affilié (the appointed body with which the self-employed person engaged in agriculture is insured),

— Caisse nationale des barreaux français (CNBF) (National Fund for Members of the French Bar); For the departments of Moselle, Bas-Rhin and Haut-Rhin:Caisse d'assurance accidents agricoles (Agricultural Accidents Insurance Fund).

II.  OVERSEAS DEPARTMENTS

A.  Scheme for employed persons (all schemes with the exception of the miners' scheme and all risks, with the exception of family benefits):

(i)  in general:

Caisse générale de sécurité sociale (General Social Security Fund);

(ii)  for pension increases in respect of accidents at work occurring in overseas departments before 1 January 1952;

Direction départementale de l'enregistrement (Departmental Directorate of Registration);

▼M3

(iii)  for the special civil servants' scheme

(invalidity, old-age, occupational accidents and diseases):

(aa)  national civil servants:

Service des pensions du ministère chargé du budget (Pensions department, Ministry with responsibility for the budget);

(bb)  regional and local authority or hospital service civil servants:

Caisse des dépôts et consignations (Deposit and consignment Office), Bordeaux centre.

▼B

B.  Scheme for self-employed persons:

(i)  sickness, maternity:

Caisse mutuelle régionale (Regional Mutual Benefit Fund);

(ii)  old-age:

 

—  craftsmen's scheme:

Caisse nationale de l'organisation autonome d'assurance vieillesse des travailleurs non salariés des professions artisanales (Cancava) (National Independent Old-Age Insurance Fund for Self-Employed Persons in Craft Occupations),

—  manufacturers' and tradesmen's scheme:

Caisse interprofessionnelle d'assurance vieillesse des industriels et commerçants d'Algérie et d'outre-mer (Cavicorg) (Interprofessional Old-Age Insurance Fund for Manufacturers and Traders in Algeria and Overseas),

—  scheme for the professions:

Caisse nationale d'assurance vieillesse des professions libérales (CNAVPL) — Sections professionnelles (National Old-Age Insurance Fund for Members of the Professions — Professional Branches),

—  laywers' scheme:

Caisse nationale des barreaux français (CNBF) (National Fund for Members of the French Bar).

C.  Family benefits:

Caisse d'allocations familiales (Family Allowances Fund).

D.  Mariners' scheme:

(i)  all risks, except old-age and family benefits:

Section «Caisse générale de prévoyance des marins» du quartier des affaires maritimes (General Welfare Fund for Mariners, Department of the Maritime Affairs Division);

(ii)  old-age:

Section «Caisse de retraite des marins» du quartier des affaires maritimes (Mariners' Pension Fund Department of the Maritime Affairs Division);

(iii)  family benefits:

Caisse d'allocations familiales (Family Allowances Fund).

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J.   IRELAND

▼B



1.  Benefits in kind:

—  ►M9  Eastern Regional Health Authority, Dublin 20, ◄

— Midland Health Board, Tullamore, County Offaly,

— Mid-Western Health Board, Limerick,

— North Eastern Health Board, Ceanannus Mor, County Meath,

— North-Western Health Board, Manorhamilton, County Leitrim,

— South-Eastern Health Board, Kilkenny,

— Southern Health Board, Cork,

— Western Health Board, Galway.

▼M9

2.  Cash benefits:

(a)  Unemployment benefits:

Department of Social and Family Affairs;

(b)  Old-age and death (pensions):

Department of Social and Family Affairs;

(c)  Family benefits:

Department of Social and Family Affairs;

(d)  Invalidity benefits and maternity benefits:

Department of Social and Family Affairs;

(e)  Other cash benefits:

Department of Social and Family Affairs.

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K.   ITALY

▼M11



1.  Sickness (including tuberculosis) and maternity:

A.  Employed persons:

(a)  benefits in kind:

 

(i)  in general:

ASL (the competent local health agency with which the person concerned is registered),

Regione (Region),

(ii)  for certain categories of civil servants, of persons employed in the private sector and persons treated as such, for pensioners and members of their families:

SSN — MIN SALUTE (National Health System — Ministry of Health), Roma,

Regione (Region);

(iii)  for mariners and civil aircrew:

SSN — MIN SALUTE (National Health System — Ministry of Health) (the relevant area health office for the merchant navy or civil aviation),

Regione (Region);

(b)  cash benefits:

 

(i)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincialoffices,

(ii)  for mariners and civil aircrew:

IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector);

(c)  certificates for periods of insurance:

 

(i)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices,

(ii)  for mariners and civil aircrew:

IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector).

B.  Self-employed persons:

(a)  benefits in kind:

ASL (the competent local health agency with which the person concerned is registered),

Regione (Region).

2.  Accidents at work and occupational diseases:

A.  Employed persons:

(a)  benefits in kind:

 

(i)  in general:

ASL (the competent local health agency with which the person concerned is registered),

Regione (Region);

(ii)  for mariners and civil aircrew:

SSN — MIN SALUTE (National Health System — Ministry of Health) (the relevant area health office for the merchant navy or civil aviation),

Regione (Region);

(b)  prostheses and major appliances, medical-legal benefits and related examinations and certificates:

 

(i)  in general:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices,

(ii)  for mariners and civil aircrew:

IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector);

(c)  cash benefits:

 

(i)  in general:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices,

(ii)  for mariners and civil aircrew:

IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector),

(iii)  also for agricultural and forestry workers if required

Ente nazionale di previdenza e assistenza per gli, impiegati agricoli:(National Welfare and Assistance Office for Agricultural Workers).

B.  Self-employed persons (for medical radiologists only):

(a)  benefits in kind:

ASL (the competent local health agency with which the person concerned is registered),

Regione (Region);

(b)  prostheses and major appliances, medico-legal benefits and related examinations and certificates

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for: Insurance against Accidents at Work), provincial offices;

(c)  cash benefits:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices.

3.  Invalidity, old-age, survivors’ pensions:

▼M13

A.  Employed persons:

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for workers in the entertainment business:

Ente nazionale di previdenza e assistenza per i lavoratori dello spettacolo (National Welfare and Assistance Office for Workers in the Entertainment Business), Roma;

(c)  for journalists:

Istituto nazionale di previdenza dei giornalisti italiani “Giovanni Amendola” (Giovanni Amendola National Welfare Institution for Italian Journalists), Roma.

B.  Self-employed persons:

(a)  for medical practitioners:

Ente nazionale di previdenza ed assistenza medici (National Welfare and Assistance Office for Medical Practitioners);

(b)  for pharmacists:

Ente nazionale di previdenza ed assistenza farmacisti (National Welfare and Assistance Office for Pharmacists);

(c)  for veterinarians:

Ente nazionale di previdenza ed assistenza veterinari (National Welfare and Assistance Office for Veterinarians);

(d)  for nurses, medical auxiliaries and children’s nurses:

Cassa nazionale di previdenza ed assistenza a favore degli infermieri professionali, assistenti sanitari, vigilatrici d’infanzia (IPASVI);

(e)  for engineers and architects:

Cassa nazionale di previdenza ed assistenza per gli ingegneri ed architetti liberi professionisti;

(f)  for surveyors:

Cassa italiana di previdenza dei geometri liberi professionisti;

(g)  for solicitors and barristers:

Cassa nazionale di previdenza ed assistenza forense;

(h)  for economists:

Cassa nazionale di previdenza ed assistenza a favore dei dottori commercialisti (National Welfare and Assistance Fund for Economists);

(i)  for accountants:

Cassa nazionale di previdenza ed assistenza a favore dei ragionieri e periti commerciali (National Welfare and Assistance Fund for Accountants);

(j)  pour les conseillers du travail:

Ente nazionale di previdenza ed assistenza per i consulenti del lavoro (Office national de prévoyance et d'assistance des conseillers du travail)

(k)  for notaries:

Cassa nazionale notariato (National Fund for Notaries);

(l)  for customs agents:

Fondo nazionale di previdenza per gli impiegati delle imprese di spedizione e delle agenzie marittime (FASC);

(m)  for biologists:

Ente nazionale di previdenza ed assistenza a favore dei biologi;

(n)  for agricultural technicians and scientists:

Ente nazionale di previdenza per gli addetti e per gli impiegati in agricoltura;

(o)  for sales representatives:

Ente nazionale di assistenza per gli agenti e rappresentanti di commercio;

(p)  for industrial technicians:

Ente nazionale di previdenza dei periti industriali;

(q)  for actuaries, chemists, agronomists, foresters and geologists:

Ente nazionale di previdenza ed assistenza pluricategoriale degli agronomi e forestali, degli attuari, dei chimici e dei geologi;

(r)  for psychologists:

Ente nazionale di previdenza ed assistenza per gli psicologi (National Welfare and Assistance Office for Psychologists);

(s)  for journalists:

Istituto nazionale di previdenza dei giornalisti italiani “Giovanni Amendola” (Giovanni Amendola National Welfare Institute for Italian Journalists).

▼M11

4.  Death grants:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices,

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices,

IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector).

5.  Unemployment (for employed persons):

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for journalists:

Istituto nazionale di previdenza per i giornalisti italiani ‘G. Amendola’ (G. Amendola National Welfare Institution for Italian Journalists), Roma.

6.  Family allowances (employed persons):

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for journalists:

Istituto nazionale della previdenza per i giornalisti italiani ‘G. Amendola’ (G. Amendola National Welfare Institution for Italian Journalists), Roma.

7.  Pensions for civil servants:

INPDAP (Istituto nazionale di previdenza per i dipendenti delle amministrazioni pubbliche) (National Welfare Institute for those dependent on the public administration), Roma.

▼M15

L.   CYPRUS

▼M13



1.  Benefits in kind:

Υπουργείο Υγείας, Λευκωσία, (Ministry of Health, Nicosia).

2.  Cash benefits:

Υπηρεσίες Κοινωνικών Ασφαλίσεων, Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων, Λευκωσία (Department of Social Insurance Services, Ministry of Labour and Social Insurance, Nicosia).

3.  Family benefits:

Υπηρεσίες Χορηγιών και Επιδομάτων, Υπουργείο Οικονομικών, Λευκωσία (Grants and Benefits Service, Ministry of Finance), Nicosia.

▼M15

M.   LATVIA

▼M13



The competence of the institutions shall be governed by the provisions of Latvian legislation, unless specified otherwise hereinafter.

 

1.  For all contingencies, except health care in kind:

Valsts sociālās apdrošināšanas aģentūra, Rīga (State Social Insurance Agency, Riga).

2.  Health care in kind:

Veselības obligātās apdrošināšanas valsts aģentūra, Rīga (State Compulsory Health Insurance Agency, Riga).

▼M15

N.   LITHUANIA

▼A1



1.  Sickness and maternity:

(a)  sickness:

 

(i)  benefits in kind:

Valstybinė ligonių kasa (State Patient Fund), Vilnius;

(ii)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board);

(b)  maternity:

 

(i)  benefits in kind:

Valstybinė ligonių kasa (State Patient Fund), Vilnius;

(ii)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

2.  Invalidity:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

3.  Old-age, death (pensions):

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

4.  Accidents at work, occupational diseases:

(a)  benefits in kind:

Valstybinė ligonių kasa (State Patient Fund), Vilnius;

(b)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

5.  Death grant:

Savivaldybių socialinės paramos skyriai (Municipal Social Assistance Departments).

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6.  Unemployment:

Lietuvos darbo birža (Lithuanian Labour Exchange)

▼A1

7.  Family benefits:

Savivaldybių socialinės paramos skyriai (Municipal Social Assistance Departments).

▼M15

O.   LUXEMBOURG

▼B



1.  Sickness and maternity:

(a)  Benefits in kind:

Caisse de maladie compétente et/ou union des caisses de maladie (competent sickness fund and/or the sickness fund's association);

(b)  Cash benefits:

Caisse de maladie compétente (the competent sickness fund).

2.  Invalidity, old-age, death (pensions):

(a)  for manual workers:

Établissement d'assurance contre la vieillesse et l'invalidité, Luxembourg (Old-Age and Invalidity Insurance Institution), Luxembourg;

(b)  for clerical staff and self-employed members of the professions:

Caisse de pension des employés privés, Luxembourg (Pension Fund for Clerical Staff in the Private Sector), Luxembourg;

(c)  for self-employed person engaged in a craft industry, in trading or in manufacture:

Caisse de pension des artisans, des commerçants et des industriels, Luxembourg (Pension Fund for Craftsmen, Tradesmen and Manufacturers), Luxembourg;

(d)  for self-employed persons engaged in agriculture:

Caisse de pension agricole, Luxembourg (Agricultural Pension Fund), Luxembourg;

▼M3

(e)  for the special schemes in the public sector:

the competent pension authority.

▼B

3.  Accidents at work and occupational diseases:

(a)  for employed and self-employed persons engaged in agriculture or forestry:

Association d'assurance contre les accidents, section agricole et forestière, Luxembourg (Accident Insurance Association Agricultural and Forestry Department), Luxembourg;

(b)  for all other cases of insurance on a compulsory or optional basis:

Association d'assurance contre les accidents, section industrielle, Luxembourg (Accident Insurance Association, Industrial Department),Luxembourg;

4.  Unemployment:

Administration de l'emploi (Employment Office), Luxembourg.

5.  Familiy benefits:

Caisse nationale des prestations familiales (National Family Benefits Fund), Luxembourg.

6.  Death grants:

For the purpose of implementing Article 66 of the Regulation:

Union des caisses de maladie (the sickness funds' association), Luxembourg.

▼M15

P.   HUNGARY

▼A1



1.  Sickness and maternity:

benefits in kind and cash benefits:

Országos Egészségbiztosítási Pénztár (National Health Insurance Fund), Budapest.

2.  Invalidity:

(a)  benefits in kind:

Országos Egészségbiztosítási Pénztár (National Health Insurance Fund), Budapest;

(b)  cash benefits:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance), Budapest.

3.  Old-age, death (pensions):

(a)  old-age pension — social insurance pillar:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance), Budapest;

(b)  old-age pension — private pillar:

Pénzügyi Szervezetek Állami Felügyelete (State Financial Supervisory Authority), Budapest;

(c)  survivors' pensions:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance), Budapest;

(d)  non-contributory old-age allowance:

Illetékes helyi önkormányzat (competent local government).

4.  Accidents at work, occupational diseases:

(a)  benefits in kind:

Országos Egészségbiztosítási Pénztár (National Health Insurance Fund), Budapest;

(b)  cash benefits — accidents at work:

Országos Egészségbiztosítási Pénztár (National Health Insurance Fund), Budapest;

(c)  other cash benefits:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance), Budapest.

5.  Unemployment:

cash benefits:

Foglalkoztatási Hivatal (Employment Office), Budapest.

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6.  Family benefits:

Cash benefits:

1.  Magyar Államkincstár (Hungarian State Treasury);

2.  Országos Egészségbiztosítási Pénztár (National Health Insurance Fund).

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Q.   MALTA

▼A1



1.  Cash benefits:

Dipartiment tas-Sigurta'Soċjali (Department of Social Security), Valletta.

2.  Benefits in kind:

Diviżjoni tas-Saħħa (Health Division), Valletta.

▼M15

R.   NETHERLANDS



▼M13

1.  Sickness and maternity:

(a)  benefits in kind:

— for persons who, under Article 2 of the Health Care Insurance Act, are obliged to take out insurance with a health care insurer: the health care insurer with which the person concerned has concluded health care insurance within the meaning of the Health Care Insurance Act, or

— persons not included in the category in the previous indent who are resident abroad and who, in application of the Regulation or pursuant to the EEA Agreement or the Agreement with Switzerland on the free movement of persons, are entitled to health care in their country of residence pursuant to Netherlands legislation:

— 

1.  the registration and levying of the statutory contributions: the College voor zorgverzekeringen in Diemen; or

2.  health care: CZ in Tilburg;

(b)  cash benefits:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam);

(c)  health care allowances:

Belastingdienst Toeslagen, Utrecht.

▼B

2.  Invalidity:

(a)  where, even without applying the Regulation, the right to benefit exists under Netherlands legislation alone:

 

▼M9

(i)  for employed persons:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam);

(ii)  for self-employed persons:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam);

(b)  other cases:

 

for employed and self-employed persons:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam).

▼B

3.  Old-age, death (pensions):

(a)  general scheme:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

(b)  for miners:

Algemeen Mijnwerkersfonds (Miners' General Fund), Heerlen.

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4.  Unemployment:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam).

▼B

5.  Family benefits:

(a)  where the person entitled to benefits resides in the Netherlands:

Districtskantoor van de Sociale Verzekeringsbank (the local office of the Social Insurance Bank) in whose district he resides;

(b)  where the person entitled to benefits resides outside the Netherlands, but his employer resides or is established in the Netherlands:

Districtskantoor van de Sociale Verzekeringsbank (the local office of the Social Insurance Bank) in whose district the employer resides or is established;

(c)  other cases:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180BH Amstelveen;

6.  Occupational diseases to which the provisions of Article 57 (5) of the Regulation apply:

for the purposes of applying Article 57 (5) of the Regulation:

 

(a)  where the benefit is awarded from a date prior to 1 July 1967:

Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH Amstelveen;

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(b)  where the benefit is granted with effect from a date after 30 June 1967:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution, Amsterdam).

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S.   AUSTRIA

▼B



The competence of the Austrian institutions shall be governed by the provisions of Austrian legislation, unless otherwise specified hereinafter:

 

1.  Sickness Insurance:

(a)  Where the person concerned is resident in the territory of another Member State and aGebietskrankenkasse (Regional Fund for Sickness Insurance) is competent for an insurance and under Austrian legislation the local competence cannot be decided the local competence shall be determined as follows:

— Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the last employment in Austria, or

— Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for the last residence in Austria, or

— if there has never been an employment for which aGebietskrankenkasse (Regional Fund for Sickness Insurance) was competent or there has never been a residence in Austria, theWiener Gebietskrankenkasse (Regional Fund for Sickness Insurance of Vienna), Wien.

(b)  For the purpose of applying Section 5 of Chapter 1 of Part III of the Regulation in connection with Article 95 of the implementing Regulation in relation to the refund of the expenses for benefits to persons entitled to a pension under the Federal Act of 9 September 1955 on General Social Insurance (ASVG):

Hauptverband der österreichischen Sozialversicherungsträger (Association of Austrian Social Insurance Institutions). Wien, it being understood that the refund of the expenses shall be made from contributions for sickness insurance of the pensioners received by the said Main Association.

2.  Pension insurance:

(a)  In determining the institution responsible for paying a benefit only insurance periods under the Austrian legislation shall be taken into consideration.

 

▼M13

(b)  For application of Article 45(6) of the Regulation, if no contribution period has been completed in Austria, and for taking into account periods of military and civilian service and periods of child-raising not preceded or succeeded by a period of insurance in Austria:

Pensionsversicherungsanstalt (Pension Insurance Institution), Vienna.

▼B

3.  Unemployment insurance

(a)  For the announcement of being unemployed:

Regionale Geschäftsstellen des Arbeitsmarktservice (Local Office of the Labour Market Service) competent for the place of residence or place of stay of the person concerned;

(b)  For the issue of Forms Nos E 301, E 302 and E 303:

Regionale Geschäftsstellen des Arbeitsmarktservice (Local Office of the Labour Market Service) competent for the place of employment of the person concerned.

▼M13

4.  Family benefits:

(a)  family benefits with the exception of Kinderbetreuungsgeld (childcare allowance):

Finanzamt (Tax Office);

(b)  Kinderbetreuungsgeld (childcare allowance):

the sickness insurance institution with which the applicant is insured or was most recently insured, otherwise the Gebietskrankenkasse (Regional Health Insurance Fund) to which the application was made.

▼M15

T.   POLAND

▼A1



1.  Sickness and maternity:

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(a)  benefits in kind:

Narodowy Fundusz Zdrowia (National Health Fund), Warszawa.

▼A1

(b)  cash benefits:

(i)  employers responsible for payment of benefits;

(ii)  field offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) with territorial jurisdiction over the official seat of the insured's employer or of the self-employed person during the period of insurance, and field offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) with territorial jurisdiction over the place of residence or stay of the insured person, after the expiry of the insurance;

(iii)  regional branches of Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) with territorial jurisdiction over the farmer's place of insurance.

2.  Invalidity, old-age and death (pensions):

▼M13

(a)  for persons who have been recently employed or self-employed, excluding self-employed farmers, and for professional soldiers and officers who have completed periods of service other than mentioned in subpoints (c)(i), (c)(ii), (d)(i), (d)(ii), (e)(i) and (e)(ii):

1.  Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Łódź — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Spain, Portugal, Italy, Greece, Cyprus or Malta;

(b)  Polish and foreign periods of insurance, including periods completed lately in Spain, Portugal, Italy, Greece, Cyprus or Malta;

2.  Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Nowy Sącz — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Austria, the Czech Republic, Hungary, Slovakia or Slovenia;

(b)  Polish and foreign periods of insurance, including periods completed lately in Austria, the Czech Republic, Hungary, Slovakia or Slovenia;

3.  Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Opole — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Germany;

(b)  Polish and foreign periods of insurance, including periods completed lately in Germany;

4.  Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Szczecin — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Denmark, Finland, Sweden, Lithuania, Latvia or Estonia;

(b)  Polish and foreign periods of insurance, including periods completed lately in Denmark, Finland, Sweden, Lithuania, Latvia or Estonia;

5.  Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — I Oddział w Warszawie — Centralne Biuro Obsługi Umów Międzynarodowych (I Branch in Warsaw — Central Bureau for International Agreements) — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Belgium, France, the Netherlands, Luxembourg, Ireland or the United Kingdom;

(b)  Polish and foreign periods of insurance, including periods completed lately in Belgium, France, the Netherlands, Luxembourg, Ireland or the United Kingdom;

▼M11

(b)  for persons who have been recently self-employed farmers and who have not completed periods of service mentioned in subpoints (c)(i), (c)(ii), (d)(i), (d)(ii), (e)(i), (e)(ii):

1.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Warsaw — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of: Austria, Denmark, Finland or Sweden;

(b)  Polish and foreign periods of insurance, including periods completed lately in: Austria, Denmark, Finland or Sweden;

2.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Tomaszów Mazowiecki — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of: Spain, Italy or Portugal;

(b)  Polish and foreign periods of insurance, including periods completed lately in: Spain, Italy or Portugal;

3.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Częstochowa — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of: France, Belgium, Luxembourg or the Netherlands;

(b)  Polish and foreign periods of insurance, including periods completed lately in: France, Belgium, Luxembourg or the Netherlands;

4.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Nowy Sącz — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of: the Czech Republic, Estonia, Latvia, Hungary, Slovenia, Slovakia or Lithuania;

(b)  Polish and foreign periods of insurance, including periods completed lately in: the Czech Republic, Estonia, Latvia, Hungary, Slovenia, Slovakia or Lithuania;

5.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Poznań — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of: the United Kingdom, Ireland, Greece, Malta or Cyprus;

(b)  Polish and foreign periods of insurance, including periods completed lately in: the United Kingdom, Ireland, Greece, Malta or Cyprus;

6.  Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) — Regional Branch in Ostrów Wielkopolski — for persons who have completed:

(a)  exclusively Polish periods of insurance, residing in the territory of Germany;

(b)  Polish and foreign periods of insurance, including periods completed lately in Germany;

(c)  for professional soldiers:

 

(i)  in the case of invalidity pension, if the last period has been the period of military service,

 

(ii)  in the case of old-age pension, if the period of service, mentioned in sub points (c) to (e), amounts in total to at least:

10 years for dismissed from service before 1 January 1983, or

15 years for dismissed from service after 31 December 1982;

(iii)  in the case of pension for survivor, if the condition of subpoint (c)(i) or (c)(ii) is satisfied:

Wojskowe Biuro Emerytalne w Warszawie (Military Pension Office in Warsaw);

(d)  for Police officers, State Protection Office officers, Internal Security Agency officers, Foreign Intelligence Agency officers (public security services), Border Guard officers, Government Security Bureau officers and National Fire Brigades officers:

 

(i)  in the case of invalidity pension, if the last period has been the period of service in one of the listed formations;

 

(ii)  in the case of old-age pension, if the period of service, mentioned in sub points (c) to (e), amounts in total to at least:

10 years for dismissed from service before 1 April 1983, or

15 years for dismissed from service after 31 March 1983;

(iii)  in the case of pension for survivor, if the condition of subpoint (d)(i) or (d)(ii) is satisfied:

Zakład Emerytalno-Rentowy Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie (Pension Office of the Ministry of Internal Affairs and Administration in Warsaw);

(e)  for Prison Guard officers:

 

(i)  in the case of invalidity pension, if the last period has been the period of such service;

 

(ii)  in the case of old-age pension, if the period of service, mentioned in sub points (c) to (e), amounts in total to at least:

10 years for dismissed from service before 1 April 1983, or

15 years for dismissed from service after 31 March 1983;

(iii)  in the case of pension for survivor, if the condition of sub point (e)(i) or (e)(ii) is satisfied:

Biuro Emerytalne Służby Więziennej w Warszawie (Pension Office of Prison Service in Warsaw).

▼A1

(f)  for judges and prosecutors:

specialised entities of the Ministry of Justice.

3.  Accidents at work and occupational diseases:

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(a)  benefits in kind:

Narodowy Fundusz Zdrowia Warszawa (National Health Fund, Warsaw);

▼A1

(b)  cash benefits:

 

(i)  in case of sickness:

— employers responsible for payment of benefits;

— field offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) with territorial jurisdiction over the official seat of the insured's employer or of the self-employed person during the period of insurance, and field offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS)with territorial jurisdiction over the place of residence or stay of insured person, after the expiry of the insurance;

— regional branches of Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) with territorial jurisdiction over the farmer's place of insurance;

▼M13

(ii)  disability or death of main wage earner:

 

—  for persons who were employed or self-employed (excluding self-employed farmers) at the time when the risk materialised and for persons who were unemployed graduates referred for training or internship when the risk materialised:

the units of the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) listed in point 2, subpoint (a),

—  for persons who were self-employed farmers at the time when the risk materialised:

the units of the Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego) listed in point 2, subpoint (b),

—  for professional soldiers, if the risk materialises during a period of military service:

Wojskowe Biuro Emerytalne w Warszawie (Military Pension Office in Warsaw),

—  for officers, mentioned in point 2, subpoint (d), if the risk materialises during a period of service in one of the formations listed in point 2, subpoint (d):

Zakład Emerytalno-Rentowy Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie (Pension Office of the Ministry of Internal Affairs and Administration in Warsaw),

—  for Prison Guard officers, if the risk materialises during a period of such service:

Biuro Emerytalne Służby Więziennej w Warszawie (Pension Office of the Prison Service in Warsaw),

—  for judges and prosecutors:

specialised entities of the Ministry of Justice.

▼A1

4.  Funeral grants:

(a)  for employed and self-employed persons (with the exception of self-employed farmers) and for the unemployed entitled to unemployment benefit:

field offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) with territorial jurisdiction over the place of residence;

(b)  for self-employed farmers:

regional branches of Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) with territorial jurisdiction over the farmer's place of insurance;

▼M13

(c)  for professional soldiers:

specialised entities of the Ministry of National Defence;

(d)  for Police officers, National Fire Brigade officers, Border Guard officers, Internal Security Agency and Foreign Intelligence Agency officers and Government Security Bureau officers:

specialised entities of the Ministry of Internal Affairs and Administration;

(e)  for Prison Guard officers:

specialised entities of the Ministry of Justice;

▼A1

(f)  for judges and prosecutors:

specialised entities of the Ministry of Justice;

▼M13

(g)  for pensioners:

— who are entitled to benefits from the social insurance system for employed and self-employed, excluding self-employed farmers:

— units of the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) listed in point 2, subpoint (a),

— who are entitled to benefits from the social insurance system for farmers:

— units of the Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego) listed in point 2, subpoint (b),

— who are entitled to benefits from the pension protection system for professional soldiers:

— Wojskowe Biuro Emerytalne w Warszawie (Military Pension Office in Warsaw),

— who are entitled to benefits from the pension protection system for officers, mentioned in point 2, subpoint (d):

— Zakład Emerytalno-Rentowy Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie (Pension Office of the Ministry of Internal Affairs and Administration in Warsaw),

— who are entitled to benefits from the pension protection system for Prison Guard officers:

— Biuro Emerytalne Służby Więziennej w Warszawie (Pension Office of the Prison Service in Warsaw),

— who are former judges and prosecutors:

— specialised entities of the Ministry of Justice.

▼A1

(h)  for persons receiving pre-retirement benefits and allowances:

wojewódzkie urzędy pracy (voivodeship labour offices) with territorial jurisdiction over the place of residence or stay.

5.  Unemployment:

(a)  benefits in kind:

kasa chorych (the sickness fund) with which the person is insured;

(b)  cash benefits:

wojewódzkie urzędy pracy (voivodeship labour offices) with territorial jurisdiction over the place of residence or stay.

▼M13

6.  Family benefits:

regional social assistance centre with territorial jurisdiction over the place of residence or stay for person entitled to benefits.

 

▼M15

U.   PORTUGAL



▼M3

A.  INGENERAL:

▼B

I.  Mainland

▼M8

1.  Sickness, maternity and family benefits:

Instituto de Solidariedade e Segurança Social: Centro Distrital de Solidariedade e Segurança Social (Institute of Solidarity and Social Security: District Centre of Solidarity and Social Security) to which the person concerned is affiliated.

2.  Invalidity, old age and death:

Instituto de Solidariedade e Segurança Social: Centro Nacional de Pensões, Lisboa, eCentro Distrital de Solidariedade e Segurança Social (Institute of Solidarity and Social Security: National Pensions Centre, Lisbon, andDistrict Centre of Solidarity and Social Security) to which the person concerned is affiliated.

▼B

3.  Accidents at work and occupational diseases:

►M1  Centro Nacional de Protecção contra os Riscos Profissionais (National Centre for Protection Against Occupational Risks). ◄

4.  Unemployment benefits:

 

(a)  reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation):

Centro de Emprego (Employment Centre) where the person concerned resides;

▼M8

(b)  grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment):

Instituto de Solidariedade e Segurança Social: Centro Distrital de Solidariedade e Segurança Social (Institute of Solidarity and Social Security: District Centre of Solidarity and Social Security) to which the person concerned is affiliated.

5.  Benefits from a non-contributory social security scheme:

Instituto de Solidariedade e Segurança Social: Centro Distrital de Solidariedade e Segurança Social (Institute of Solidarity and Social Security: District Centre of Solidarity and Social Security) where the person concerned resides.

▼B

II.  Autonomous region of Madeira

▼M8

1.  Sickness, maternity and family benefits:

Centro de Segurança Social da Madeira (Social Security Centre of Madeira), Funchal.

2. (a)  Invalidity, old age and death:

Centro de Segurança Social da Madeira (Social Security Centre of Madeira), Funchal;

(b)  invalidity, old age and death under the special social security scheme for agricultural workers:

Centro de Segurança Social da Madeira (Social Security Centre of Madeira), Funchal.

▼B

3.  Accidents at work and occupational diseases:

►M1  Centro Nacional de Protecção contra os Riscos Profissionais (National Centre for Protection Against Occupational Risks). ◄

4.  Unemployment benefits:

 

▼M8

(a)  reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation):

Instituto Regional de Emprego: Centro Regional de Emprego (Regional Institute of Employment: Regional Employment Centre), Funchal;

(b)  grant and payment of unemployment benefits (e.g. verification of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment):

Centro de Segurança Social da Madeira (Social Centre of Madeira), Funchal.

5.  Benefits from a non-contributory social security scheme:

Centro de Segurança Social da Madeira (Social Security Centre of Madeira), Funchal.

▼B

III.  Autonomous region of the Azores

▼M8

1.  Sicknes, maternity and family benefits:

Instituto de Gestão de Regimes de Segurança Social: Centro de Prestações Pecuniárias (Institute for the Management of Social Security Schemes: Centre for Cash Benefits) to which the person concerned is affiliated.

2. (a)  Invalidity, old age and death:

Instituto de Gestão de Regimes de Segurança Social: Centro Coordenador de Prestações Diferidas (Institute for the Management of Social Security Schemes: Coordinating Centre for Deferred Benefits), Angra do Heroísmo;

(b)  invalidity, old age and death under the special social security scheme for agricultural workers:

Instituto de Gestão de Regimes de Segurança Social: Centro Coordenador de Prestações Diferidas (Institute for the Management of Social Security Schemes: Coordinating Centre for Deferred Benefits), Angra do Heroísmo.

▼B

3.  Accidents at work and occupational diseases:

►M1  Centro Nacional de Protecção contra os Riscos Profissionais (National Centre for Protection Against Occupational Risks). ◄

4.  Unemployment benefits:

 

▼M8

(a)  reception of the application and verification of the employment situation (e.g. confirmation of the periods of employment, classification of unemployment, checks on the situation):

Agência para a Qualificação e Emprego (Agency for Qualification and Employment) where the person concerned resides;

(b)  grant and payment of unemployment benefits (e.g. verifcation of the conditions for eligibility to benefits, fixing the amount and duration, checks on the situation for maintaining, suspending or terminating payment):

Centro de Prestações Pecuniárias (Centre for Cash Benefits) to which the person concerned is affiliated.

5.  Benefits from a non-contributory social security scheme:

Instituto de Gestão de Regimes de Segurança Social: Centro de Prestações Pecuniárias (Institute for the Management of Social Security Schemes: Centre for Cash Benefits) where the person concerned resides.

▼M3

B.  WITH REGARD TO THE SPECIAL SCHEME FOR CIVIL SERVANTS:

1.  Sickness and maternity:

 

—  for cash benefits:

Secretaria-Geral ou equivalente ou o departamento que, em cada organismo, exerça as funções de gestão e administração dos recursos humanos (General secretariat or equivalent or the department which, in each body, is responsible for the management and administration of human resources),

—  for benefits in kind:

Direccáo-Geral de Protecção Social dos Funcionários e Agentes da Administracáo Publica (ADSE) (Directorate-general for social protection of civil servants and other civil service staff), Lisboa.

2.  Family benefits:

Secretaris-Geral ou equivalente ou o departamento que, em cada organismo, exerca as funcões de gestão e administracáo dos recursos humanos (General secretariat or equivalent or the department which, in each body, is responsible for the management and administration of human resources),

or

Caixa Geral de Aposentacóes (para titulares de pensão),(General pension fund) (for pensioners), Lisboa.

3.  Invalidity and old age:

Caixa Geral de Aposentacóes (General pension fund), Lisboa.

4.  Death:

 

—  survivor's pension:

Caixa Geral de Aposentacões (General pension fund), Lisboa,

—  death grant:

Secretaria-Geral ou equivalente ou o departamento que, em cada organismo, exerça as funções de gestão e administração dos recursos humanos (General secretariat or equivalent or the department which, in each body, is responsible for the management and administration of human resources),

or

Caixa Geral de Aposentaçóes (em caso de falecimnto de titulares de pensão),(General pension fund), (in the event of the death of pensioners), Lisboa.

5.  Accidents at work and occupational diseases:

Secretaris-Geral ou equivalente ou o departamento que, em cada organismo, exerca as funcóes de gestáo e administracáo dos recursos humanos (General secretariat or equivalent or the department which, in each body, is responsible for the management and administration of human resources),

or

Caixa Geral de Aposentacóes (General pension fund), Lisboa.

▼M15

V.   ROMANIA



1.  Sickness and maternity:

(a)  benefits in kind:

Casa județeană de asigurări de sănătate (County Health Insurance House);

(b)  cash benefits:

 

(i)  general cases:

Casa de asigurari de sanatate (House for Health Insurance);

(ii)  particular cases:

 

—  professional soldiers:

Specialised unit of the Ministry of National Defence;

—  members of the police:

Specialised unit of the Ministry of Administration and Interior;

—  attorneys:

Casa de Asigurări a Avocaților (Insurance House for Attorneys).

2.  Invalidity:

(a)  general cases:

Casa județeană de pensii și alte drepturi de asigurări sociale (County House for Pensions and Other Social Insurance Rights);

(b)  particular cases:

 

(i)  professional soldiers:

Specialised unit of the Ministry of National Defence;

(ii)  members of the police:

Specialised unit of the Ministry of Administration and Interior;

(iii)  attorneys:

Casa de Asigurări a Avocaților (Insurance House for Attorneys).

3.  Old age, survivors' pensions, death grants:

(a)  general cases:

Casa județeană de pensii și alte drepturi de asigurări sociale (County House for Pensions and Other Social Insurance Rights);

(b)  particular cases:

 

(i)  professional soldiers:

Specialised unit of the Ministry of National Defence;

(ii)  members of the police:

Specialised unit of the Ministry of Administration and Interior;

(iii)  attorneys:

Casa de Asigurări a Avocaților (Insurance House for Attorneys).

4.  Accidents at work and occupational diseases:

(a)  benefits in kind:

Casa județeană de pensii și alte drepturi de asigurări sociale (County House for Pensions and Other Social Insurance Rights);

(b)  cash benefits and pensions:

Casa județeană de pensii și alte drepturi de asigurări sociale (County House for Pensions and Other Social Insurance Rights).

5.  Death grants:

(a)  in general:

Casa județeană de pensii și alte drepturi de asigurări sociale (County House for Pensions and Other Social Insurance Rights);

(b)  in particular:

 

(i)  professional soldiers:

Specialised unit of the Ministry of National Defence;

(ii)  members of the police:

Specialised unit of the Ministry of Administration and Interior;

(iii)  attorneys:

Casa de Asigurări a Avocaților (Insurance House for Attorneys).

6.  Unemployment benefits:

Agenția județeană pentru ocuparea forței de muncă (County Agency for Employment).

7.  Family benefits:

—  Ministerul Muncii, Solidarității Sociale și Familiei (Ministry of Labour, Social Solidarity and Family), București,

—  Ministerul Educației și Cercetării (Ministry of Education and Research), București.

▼M15

W.   SLOVENIA

▼A1



1.  Cash Benefits:

(a)  Sickness and death grants:

Zavod za zdravstveno zavarovanje Slovenije (Health Insurance Institute of Slovenia);

(b)  Old-age, invalidity and death:

Zavod za pokojninsko in invalidsko zavarovanje Slovenije (Pension and Disability Insurance Institute of Slovenia);

(c)  Unemployment:

Zavod Republike Slovenije za zaposlovanje (Employment Service of Slovenia);

▼M11

(d)  Family and maternity benefits:

‘Center za socialno delo Ljubljana Bežigrad — Centralna enota za starševsko varstvo in družinske prejemke (Centre for Social Work Ljubljana Bežigrad — Central Unit for Parental Protection and Family Benefits).’

▼A1

2.  Benefits in kind:

Sickness and maternity:

Zavod za zdravstveno zavarovanje Slovenije (Health Insurance Institute of Slovenia).

▼M15

X.   SLOVAKIA



▼M11

1.  Sickness and maternity:

A.  Benefits in cash:

 

(a)  in general:

Sociálna poisťovňa (Social Insurance Agency), Bratislava;

(b)  for professional soldiers of the armed forces of the Slovak Republic:

Vojenský úrad sociálneho zabezpečenia (Social Security Office of the Armed Forces), Bratislava;

(c)  for members of the Police Force:

Rozpočtové a príspevkové organizácie Policajného zboru v rámci Ministerstva vnútra Slovenskej republiky (Budgetary and contributory organisations of the Police Force within the framework of the Ministry of Interior of the Slovak Republic);

(d)  for members of the Railway Police:

Generálne riaditeľstvo Železničnej polície (Railway Police Directorate General), Bratislava;

(e)  for members of the Slovak Information Service:

Slovenská informačná služba (Slovak Information Service), Bratislava;

(f)  for members of the Judiciary Guards and Prison Wardens Corps:

Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, Útvar sociálneho zabezpečenia zboru (Directorate General of the Judiciary Guards and Prison Wardens Corps, Department of Social Security of the Corps), Bratislava;

(g)  for customs officers:

Colné riaditeľstvo Slovenskej republiky (Customs Directorate of the Slovak Republic), Bratislava.

(h)  for members of the National Security Office:

Národný bezpečnostný úrad (National Security Office), Bratislava.

B.  Benefits in kind:

health insurance companies.

2.  Invalidity, and old-age benefits, and survivors’ benefits:

(a)  in general:

Sociálna poisťovňa (Social Insurance Agency), Bratislava;

(b)  forprofessional soldiers of the armed forces of the Slovak Republic and Railway troops:

Vojenský úrad sociálneho zabezpečenia (Social Security Office of the Armed Forces), Bratislava;

(c)  for members of the Police Force:

Ministerstvo vnútra Slovenskej republiky (Ministry of Interior of the Slovak Republic), Bratislava

(d)  for members of the Railway Police:

Generálne riaditeľstvo Železničnej polície (Railway Police Directorate General), Bratislava;

(e)  for members of the Slovak Information Service:

Slovenská informačná služba (Slovak Information Service), Bratislava;

(f)  for members of the Judiciary Guards and Prison Wardens Corps:

Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, Útvar sociálneho zabezpečenia zboru (Directorate General of the Judiciary Guards and Prison Wardens Corps, Department of Social Security of the Corps), Bratislava;

(g)  for customs officers:

Colné riaditeľstvo Slovenskej republiky (Customs Directorate of the Slovak Republic), Bratislava.

(h)  for members of the National Security Office:

Národný bezpečnostný úrad (National Security Office), Bratislava.

3.  Accidents at work, and occupational diseases:

A.  Benefits in cash:

 

(a)  in general:

Sociálna poist’ovňa (Social Insurance Agency), Bratislava;

(b)  for professional soldiers of armed forces of the Slovak Republic and Railway troops:

Vojenský úrad sociálneho zabezpečenia (Social Security Office of the Armed Forces), Bratislava;

(c)  for members of the Police Force:

Rozpočtové a príspevkové organizácie Policajného zboru v rámci Ministerstva vnútra Slovenskej republiky (Budgetary and contributory organisations of the Police Force within the framework of the Ministry of Interior of the Slovak Republic);

(d)  for members of the Railway Police:

Generálne riaditeľstvo Železničnej polície (Railway Police Directorate General), Bratislava;

(e)  for members of the Slovak Information Service:

Slovenská informačná služba (Slovak Information Service), Bratislava;

(f)  for members of the Judiciary Guards and Prison Wardens Corps:

Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, Útvar sociálneho zabezpečenia zboru (Directorate General of the Judiciary Guards and Prison Wardens Corps, Department of Social Security of the Corps), Bratislava.

(g)  for customs officers:

Colné riaditeľstvo Slovenskej republiky (Customs Directorate of the Slovak Republic), Bratislava.

(h)  or members of the National Security Office:

Národný bezpečnostný úrad (office national de sécurité), Bratislava

B.  Benefits in kind:

health insurance companies.

Sociálna poisťovňa (Social Insurance Agency), Bratislava.

4.  Death grants:

(a)  funeral allowance in general:

Úrady práce, sociálnych vecí a rodiny (Offices of Labour, Social Affairs and Family);

(b)  for professional soldiers of the armed forces of the Slovak Republic:

Vojenský úrad sociálneho zabezpečenia (Social Security Office of the Armed Forces), Bratislava;

(c)  for members of the Police Force:

Rozpočtové a príspevkové organizácie v rámci Ministerstva vnútra Slovenskej republiky (Budgetary and contributory organisations within the framework of the Ministry of Interior of the Slovak Republic).

(d)  for members of the Railway Police:

Generálne riaditeľstvo Železničnej polície (Railway Police Directorate General), Bratislava;

(e)  for members of the Slovak Information Service:

Slovenská informačná služba (Slovak Information Service), Bratislava;

(f)  for members of the Judiciary Guards and Prison Wardens Corps:

Generálne riaditeľstvo Zboru väzenskej a justičnej stráže, Útvar sociálneho zabezpečenia zboru (Directorate General of the Judiciary Guards and Prison Wardens Corps, Department of Social Security of the Corps), Bratislava.

(g)  for customs officers:

Colné riaditeľstvo Slovenskej republiky (Customs Directorate of the Slovak Republic), Bratislava.

(h)  for members of the National Security Office:

Národný bezpečnostný úrad (National Security Office), Bratislava.

5.  Unemployment:

Sociálna poisťovňa (Social Insurance Agency), Bratislava.

6.  Family benefits:

Úrady práce, sociálnych vecí a rodiny (Offices of Labour, Social Affairs and Family).

▼M15

Y.   FINLAND

▼B



1.  Sickness and maternity:

(a)  Cash benefits:

Kansaneläkelaitos —Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

the employment fund with which the person concerned is insured;

(b)  Benefits in kind:

 

(i)  refunds under sickness insurance:

Kansaneläkelaitos —Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

the employment fund with which the person concerned is insured;

▼M2

(ii)  social insurance institution rehabilitation:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki;

▼B

(iii)  public health and hospital service:

the local units which provide services under the scheme.

2.  Old-age, invalidity, death (pensions):

(a)  National pensions:

Kansaneläkelaitos —Folkpensionsanstalten (Social Insurance Institution), Helsinki, or

(b)  Employment pensions:

the employment pension institution which grants and pays the pensions.

3.  Accidents at work, occupational diseases:

the insurance institution which is responsible for the accident insurance of the person concerned.

4.  Death grants:

►M2   (), Helsinki, or ◄

the insurance institution which is responsible for paying thebenefits in case of accident insurance.

5.  Unemployment:

(a)  Basic scheme:

Kansaneläkelaitos —Folkpensionsanstalten (Social Insurance Institution), Helsinki ►M2  and Ahvenanmaan maakunnan työvoimatoimikunta/Arbetskraftskommissionen i landskapet Åland (Employment Commission in the Province of Åland) ◄ , or

(b)  Earnings-related scheme:

the competent unemployment fund.

6.  Family benefits

Kansaneläkelaitos —Folkpensionsanstalten (Social Insurance Institution), Helsinki.

▼M2

7.  Special non-contributory benefits:

Kansaneläkelaitos/Folkpensionsanstalten (Social Insurance Institution), Helsinki.

▼M15

Z.   SWEDEN

▼B



1.  For all contingencies except unemployment benefits:

(a)  as a genereal rule:

the social insurance office with which the person concerned is insured.

▼M11

(b)  For mariners not resident in Sweden:

Försäkringskassan i Västra Götaland, sjöfartskontoret (National Social Insurance Agency, seafarer’s division),

(c)  For the purpose of applying Articles 35 to 59 of the implementing Regulation for persons not resident in Sweden:

Gotlands läns allmänna försäkringskassa, utlandskontoret (National Social Insurance Agency, local office of Gotland, international division).

▼B

(d)  For the purpose of applying Articles 60 to 77 of the implementing Regulation for persons, with the exception of mariners not resident in Sweden:

— the social insurance office of the place where the accident at work or the occupational disease occurred or appeared, or

— Stockholms läns allmänna försäkringskassa, utlandsavdelningen (Social Insurance office of Stockholm, Foreign Division).

▼M13

2.  For unemployment benefits:

(a)  for the purpose of applying Articles 80 to 82 of the implementing Regulation:

— the unemployment fund which would be competent to deal with a benefit application in the event of unemployment in Sweden, or

— the supervisory authority;

(b)  for the purpose of applying Article 83 of the implementing Regulation:

— Inspektionen för arbetslöshetsförsäkringen (Swedish Unemployment Insurance Board).

▼M15

AA.   UNITED KINGDOM

▼B



1.  Benefits in kind:

—  Great Britain and Nothern Ireland:

authorities which grant National Health Service benefits,

—  Gibraltar:

Gibraltar Health Authority.

▼M9

2.  Cash benefits (except for family benefits):

—  Great Britain:

Department for Work and Pensions, London,

—  Northern Ireland:

Department for Social Development, Belfast,

—  Gibraltar:

Principal Secretary, Social Affairs, Gibraltar.

▼M9

3.  Family benefits:

—  Great Britain:

Inland Revenue, Child Benefit Office, Newcastle upon Tyne,

Inland Revenue, Tax Credit Office, Preston,

—  Northern Ireland:

Inland Revenue, Tax Credit Office, Belfast,

Inland Revenue, Child Benefit Office (NI), Belfast,

—  Gibraltar:

Principal Secretary, Social Affairs, Gibraltar.

▼B




ANNEX 3 (A) (B) (2) (3) (7) (9) (12) (13) (14) (15)

INSTITUTIONS OF THE PLACE OF RESIDENCE AND INSTITUTIONS OF THE PLACE OF STAY

(Article 1 (p) of the Regulation and Article 4 (3) of the implementing Regulation)

A.   BELGIUM



I.  INSTITUTIONS OF THE PLACE OF RESIDENCE

1.  Sickness and maternity:

(a)  For the purpose of applying Articles 17, 18, 22, 25, 28, 29, 30 and 32 of the implementing Regulation:

 

(i)  in general:

the insurance bodies;

(ii)  for persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(iii)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(b)  for the purposes of applying Article 31 of the implementing Regulation:

 

(i)  in general:

the insurance bodies;

(ii)  for mariners:

Caisse de secours et de prévoyance en faveur des marins —Hulp- en voorzorgskas voor zeevarenden (Relief and Welfare Fund for Mariners), Antwerpen,

or

the insurance bodies;

(iii)  for persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(iv)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

2.  Invalidity

(a)  general invalidity (manual workers, clerical staff, miners) and invalidity of self-employed persons:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor ziekte- en invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute, Brussels), together with the insurance bodies;

for the purpose of applying Article 105 of the implementing Regulation:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor ziekte- en invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute, Brussels);

(b)  special invalidity scheme for miners:

Fonds national de retraite des ouvriers-mineurs, Bruxelles —Nationaal Pensioenfonds voor mijnwerkers, Brussel (National Pension Fund for Miners, Brussels);

(c)  mariners' invalidity scheme:

Caisse de secours et de prévoyance en faveur des marins —Hulp- en voorzorgskas voor zeevarenden (Relief and Welfare Fund for Mariners), Antwerpen;

(d)  invalidity of persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(e)  invalidity of former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(f)  invalidity of persons covered by a special scheme for civil servants:

Administration des pensions du Ministère des Finances ou le service qui gère le régime spécial de pension —Administratie van pensioenen van het Ministerie van Financiën of de dienst die het bijzonder stelsel beheert(Pensions administration of the Ministry of Finance or the service which manages the special pensions scheme).

▼B

3.  Old-age, death (pensions)

(a)  general scheme (manual workers, clerical staff, miners and mariners):

Office national des pensions, Bruxelles —Rijksdienst voor pensioenen, Brussel (National Pension Office, Brussels);

(b)  non-salaried persons scheme:

Institut national d'assurances sociales pour travailleurs indépendants, Bruxelles —Rijksinstituut voor de sociale verzekering der zelfstandigen, Brussel (National Social Insurance Institute for Self-Employed Persons, Brussels);

(c)  overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(d)  scheme for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

▼M3

(e)  special civil service scheme:

Administration des pensions du Ministère des Finances ou le service qui gère le régime spécial de pension —Administratie van pensioenen van het Ministerie van Financiën of de dienst die het bijzonder stelsel beheert(Pensions administration of the Ministry of Finance or the service which manages the special pensions scheme).

▼B

4.  Accidents at work (benefits in kind):

the insurance bodies;

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

5.  Occupational diseases:

Fonds de maladies professionelles, Bruxelles (Occupational Diseases Fund, Brussels);

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheit, Brussel (Overseas Social Insurance Office, Brussels).

6.  Death grants:

(i)  in general:

The insurance bodies, together with theInstitut national d'assurance maladie-invalidité, Bruxelles —Rijksinistituut voor Ziekten Invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute, Brussels);

(ii)  for persons covered by the overseas social insurance scheme:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels);

(iii)  for former employees of the Belgian Congo and Rwanda-Urundi:

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

7.  Unemployment:

(a)  in general:

Office national de l'emploi, Bruxelles —Rijksdienst voor arbeidsvoorziening, Brussel (National Employment Office, Brussels);

(b)  for mariners:

Pool des marins de la marine marchande —Pool van de zeelieden ter koopvardij (Merchant Navy Pool), Antwerpen.

8.  Family benefits:

(a)  employed persons:

Office national des allocations familiales pour travailleurs salariés, Bruxelles —Rijksdienst voor kinderbijslag voor werknemers, Brussel (National Family Allowances Office for Employed Persons, Brussels);

(b)  self-employed persons:

Institut national d'assurances sociales pour travailleurs indépendants, Bruxelles —Rijksinstituut voor de sociale verzekeringen der zelfstandigen, Brussel (National Social Insurance Institute for Self-Employed Persons, Brussels);

(c)  for former employees of the Belgian Congo and Rwandi-Urundi

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

II.  INSTITUTIONS OF THE PLACE OF STAY

1.  Sickness, maternity:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor Ziekteen Invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute, Brussels), through the insurance bodies;

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

2.  Accidents at work:

Institut national d'assurance maladie-invalidité, Bruxelles —Rijksinstituut voor Ziekteen Invaliditeitsverzekering, Brussel (National Sickness and Invalidity Insurance Institute,Brussels), through the insurance bodies;

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

3.  Occupational diseases:

Fonds des maladies professionnelles, Bruxelles —Fonds voor beroepsziekten, Brussel (Occupational Diseases Fund, Brussels);

Office de sécurité sociale d'outre-mer, Bruxelles —Dienst voor overzeese sociale zekerheid, Brussel (Overseas Social Insurance Office, Brussels).

▼M15

B.   BULGARIA



1.  Sickness and maternity:

(a)  benefits in kind:

—  Министерство на здравеопазването (Ministry of Health), София,

—  Национална здравноосигурителна каса (National Health Insurance Fund), София,

—  Агенция за хората с увреждания (Agency for People with Disabilities), София;

(b)  cash benefits:

Regional offices of the National Social Security Institute.

2.  Invalidity, old age and survivors' pensions:

Central Headquarters of the National Social Security Institute.

3.  Accidents at work and occupational diseases:

(a)  benefits in kind:

—  Министерство на здравеопазването (Ministry of Health), София,

—  Национална здравноосигурителна каса (National Health Insurance Fund), София,

—  Агенция за хората с увреждания (Agency for People with Disabilities), София;

(b)  short–term cash benefits:

Regional offices of the National Social Security Institute;

(c)  invalidity pensions:

Central Headquarters of the National Social Security Institute.

4.  Death grants:

Regional offices of the National Social Security Institute.

5.  Unemployment benefits:

Regional offices of the National Social Security Institute.

6.  Family benefits:

Social Assistance Directorates of the Social Assistance Agency.

▼M15

C.   CZECH REPUBLIC



▼M13

1.  Benefits in kind:

(a)  in general:

the health insurance company (according to choice);

(b)  for the air rescue service:

Ministerstvo zdravotnictví (Ministry of Health).

▼A1

2.  Benefits in cash:

(a)  for sickness and maternity:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha and its regional units;

(b)  for invalidity, old-age, death (pensions):

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha and its regional units;

(c)  for accidents at work and occupational diseases:

Česká správa sociálního zabezpečení (the Czech Social Security Administration), Praha and its regional units;

(d)  for unemployment:

Employment Offices in accordance with a person's residence (stay);

▼M11

(e)  family and other benefits:

State Social Support Bodies in accordance with persons residence/stay.

▼M15

D.   DENMARK

▼B



I.  INSTITUTIONS OF THE PLACE OF RESIDENCE

▼M9

a)  sickness and maternity:

for the purposes of applying Articles 17, 18, 22, 25, 28, 29 and 30 of the implementing Regulation:

Local authority of the commune in which the beneficiary resides;

▼B

(b)  Invalidity (pensions):

►M2  Den Sociale Sikringsstyrelse (Social Security Department) København ◄ ;

(c)  old-age and death (pension):

(i)  pensions granted under the legislation on social pensions:

►M2  Den Sociale Sikringsstyrelse (Social Security Department) København ◄ ;

(ii)  pensions granted under the law on supplementary pensions for employed persons (»loven om Arbejdsmarkedets tillægspension«):

Arbejdsmarkedets tillægspension (Supplementary Pensions Office for Employed Persons), Hillerød;

(d)  accidents at work and occupational diseases:

(i)  for the purposes of applying Chapter 4 of Title IV, except for Article 61, of the implementing Regulation:

Arbejdsskadestyrelsen (National Office for Accidents at Work and Occupational Diseases), København;

▼M9

(ii)  for the purposes of applying Article 61 of the implementing Regulation:

Local authority of the commune in which the beneficiary resides;

(e)  death grants:

for the purposes of applying Article 78 of the implementing Regulation:

Indenrigs- og Sundhedsministeriet (Ministry of Internal Affairs and Health), København.

▼B

II.  INSTITUTIONS OF THE PLACE OF STAY

▼M9

(a)  Sickness and maternity:

(i)  for the purposes of applying Articles 19a, 20, 21 and 31 of the implementing Regulation:

The competent amtskommune (district administration). In København: Borgerrepræsentationen (municipal authority). In Frederiksberg: Kommunalbestyrelsen (local authority). For hospital treatment in København or Frederiksberg: Hovedstadens Sygehusfællesskab (Hospitals Cooperative);

(ii)  for the purposes of applying Article 24 of the implementing Regulation:

Local authority of the commune in which the beneficiary is staying;

▼B

(b)  accidents at work and occupational diseases:

(i)  for the purposes of applying Chapter 4 of Title IV, except for Article 64, of the implementing Regulation:

Arbejdsskadestyrelsen (National Office for Accidents at Work and Occupational Diseases), København.;

▼M9

(ii)  for the purposes of applying Article 64 of the implementing Regulation:

Local authority of the commune in which the beneficiary is staying;

▼B

(c)  unemployment:

(i)  for the purposes of applying Chapter 6 of Title VI, except for Article 83, of the implementing Regulation:

the competent unemployment fund,

(ii)  for the purposes of applying Article 83 of the implementing Regulation:

the local employment office.

▼M15

E.   GERMANY



▼M1

1.  In allcases:

the sickness fund chosen by the person concerned in the place of residence or stay.

▼B

2.  Accident insurance:

In all cases:

the Hauptverband der gewerblichen Berufsgenossenschaften (Federation of Professional and Trade Associations in Industry), St. Augustin;

▼M11

3.  Pension insurance

(a)  Pension insurance for manual workers

 

(i)  dealings with Belgium and Spain:

Landesversicherungsanstalt Rheinprovinz (Regional Insurance Office of the Rhine Province), Düsseldorf

(ii)  dealings with France:

Landesversicherungsanstalt Rheinland-Pfalz (Regional Insurance Office of the Rhineland-Palatinate), Speyer, or,

as a competent institution under Annex 2, Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken

(iii)  dealings with Italy:

Landesversicherungsanstalt Schwaben (Regional Insurance Office of Swabia), Augsburg, or,

as a competent institution under Annex 2, Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken

(iv)  dealings with Luxembourg:

Landesversicherungsanstalt Rheinland-Pfalz (Regional Insurance Office of the Rhineland-Palatinate), Speyer, or,

as a competent institution under Annex 2, Landesversicherungsanstalt für das Saarland (Regional Insurance Office of the Saarland), Saarbrücken

(v)  dealings with Malta:

Landesversicherungsanstalt Schwaben (Regional Insurance Office of Swabia), Augsburg

(vi)  dealings with the Netherlands:

Landesversicherungsanstalt Westfalen (Regional Insurance Office of Westphalia), Münster

(vii)  dealings with Denmark, Finland and Sweden:

Landesversicherungsanstalt Schleswig-Holstein (Regional Insurance Office of Schleswig-Holstein), Lübeck

(viii)  dealings with Estonia, Latvia and Lithuania:

Landesversicherungsanstalt Mecklenburg-Vorpommern (Regional Insurance Office of Mecklenburg-Western Pomerania), Neubrandenburg

ix)  dealings with Ireland and the United Kingdom:

Landesversicherungsanstalt Freie und Hansestadt Hamburg (Regional Insurance Office of the Free and Hanseatic City of Hamburg), Hamburg

(x)  dealings with Greece and Cyprus:

Landesversicherungsanstalt Baden-Württemberg (Regional Insurance Office of Baden-Württemberg), Karlsruhe

(xi)  dealings with Portugal:

Landesversicherungsanstalt Unterfranken (Regional Insurance Office of Unterfranken), Würzburg

(xii)  dealings with Austria:

Landesversicherungsanstalt Oberbayern (Regional Insurance Office of Upper Bavaria), München

(xiii)  dealings with Poland:

Landesversicherungsanstalt Berlin (Regional Insurance Office of Berlin), Berlin, or

in cases where only the Agreement of 9.10.1975 on pension and accident insurance is applicable: the locally competent Regional Insurance Office under German legislation

(xiv)  dealings with Slovakia, Slovenia and the Czech Republic:

Landesversicherungsanstalt Niederbayern-Oberpfalz (Regional Insurance Office of Lower Bavaria-Oberpfalz), Landshut

(xv)  dealings with Hungary:

Landesversicherungsanstalt Thüringen (Regional Insurance Office of Thuringia), Erfurt.

▼M6

4.  Old-age insurance for farmers:

Gesamtverband der landwirtschaftlichen Alterskassen (National Association of Agricultural Old-Age Funds), Kassel.

▼B

5.  Unemployment benefits and family benefits:

The competent employment office of the place of residence or place of stay of the person concerned.

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F.   ESTONIA

▼M11



1.  Sickness and maternity:

Eesti Haigekassa (Estonian Health Insurance Fund);

2.  Invalidity, old-age and survivors' pensions, death grants, family and parental benefits:

Sotsiaalkindlustusamet (Social Insurance Board);

3.  Unemployment:

Tööhõiveamet (the local employment office of the place of residence or stay of the person concerned).

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G.   GREECE

▼B



1.  Unemployment, family allowances:

Οργανισμός, Απασχολήσεως Εργατικού Δυναμικού (ΟΑΕΔ), Αθήνα (Labour Employment Office, Athens).

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2.  Other benefits:

Ίδρυμα Κοινωνικών Ασφαλίσεων — Ενιαίο Ταμείο Ασφάλισης Μισθωτών (ΙΚΑ — ΕΤΑΜ), Αθήνα (Social Insurance Institute — Unified Insurance Fund for Employees (ΙΚΑ — ΕΤΑΜ), Athens).

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H.   SPAIN

▼B



1.  Benefits in kind

(a)  all schemes with the exception of the mariners' scheme:

Direcciones Provinciales del Insituto Nacional de la Salud (Provincial Directorates of the National Institute of Health);

(b)  marines' scheme:

Direcciones Provinciales del Instituto Social de la Marina (Provincial Directorates of the Mariners' Social Institute);

2.  Cash benefits:

(a)  all schemes with the exception of the mariner's scheme and all contingencies with the exception of unemployment:

Direcciones Provinciales del Instituto Nacional de la Seguridad Social (Provincial Directorates of the National Institute of Social Security);

(b)  mariners' scheme, for all categories:

Direcciones Provinciales del Instituto Social de la Marina (Provincial Directorates of the Mariners' Social Institute);

▼M11

(c)  unemployment, with the exception of mariners:

DireccionesProvinciales del Servicio Público de Empleo Estatal. INEM (Provincial Directorates of the State Public Employment Service. INEM).

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I.   FRANCE

▼B



I.  METROPOLITAN FRANCE:

A.  Scheme for employed persons:

1.  Risks other than unemployment and family benefits:

(a)  in general:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund) of the place or residence or place of stay;

(b)  for joint applications of Articles 19 (1) and (2) and 35 (1) of the Regulation in the case of benefits in kind under the miners' scheme for sickness, maternity, invalidity and death (grants) insurance:

Société de secours minière (Miners' Relief Society) of the place of residence of the person concerned;

(c)  for the purpose of applying Article 35 of the implementing Regulation:

 

(i)  general scheme:

 

(aa)  as a general rule, except for Paris and the Paris region:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund),

(bb)  special scheme provided for in Articles L 365 to L 382 of the Social Security Code:

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund), Strasbourg;

(ii)  agricultural scheme:

Caisse de mutualité sociale agricole (Agricultural Social Insurance Mutual Benefit Fund);

(iii)  miners' scheme:

Caisse autonome nationale de sécurité sociale dans les mines (National Independent Social Security Fund for Miners), Paris;

(d)  for the purposes of applying Article 36 of the implementing Regulation with regard to invalidity pensions:

 

(i)  in general except for Paris and the Paris region:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund), Paris;

for Paris and the Paris region:

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund);

(ii)  special scheme provided for in Articles L 365 to L 382 of the Social Security Code:

Caisse régionale d'assurance maladie (Regional Sickness Insurance Fund), Strassbourg;

(e)  for the purposes of appyling Article 36 of the implementing Regulaton with regard to old-age pensions:

 

(i)  general scheme:

 

(aa)  as a general rule, except for Paris and the Paris region:

Caisse régionale d'assurance maladie, branche «vieillesse» (Regional Sickness Insurance Fund, Old-Age Branch),

for Paris and the Paris region:

Caisse nationale d'assurance veiellesse des travailleurs salariés (National Old-Age Insurance Fund for Employed Persons), Paris;

(bb)  special scheme provided for in Articles L 365 to L 382 of the Social Security code:

Caisse régionale d'assurance vieillesse (Regional Old-Age Insurance Fund), Strasbourg;

(ii)  agricultural scheme:

Caisse centrale de secours mutuels agricoles (Central Agricultural Benefit Fund), Paris;

(iii)  miners' scheme:

Caisse autonome nationale de sécurité sociale dans les mines (National Independent Social Security Fund for Miners), Paris;

(f)  for the purposes of applying Article 75 of the implementing Regulation:

Caisse primaire d'assurance maladie (Local Sickness Insurance Fund).

2.  Unemployment:

(a)  for the purposes of applying Articles 80, 81 and 82 (2) of the implementing Regulation:

Direction départementale du travail et de la main-d'œuvre (Departmental Directorate of Labour and Manpower) of the place in which the employment for which the certified statement is requested was pursued,

the local branch of theAgence nationale pour l'emploi (National Employment Office),

the town hall of the place of residence of the members of the family;

(b)  for the purposes of applying Articles 83 (1) and (2) and 97 of the implementing Regulation:

Associaton pour l'emploi dans l'industrie et le commerce (Assedic) (Association for Employment in Industry and Trade) of the place of residence of the person concerned;

(c)  for the purposes of applying Article 84 of the implementing Regulation:

 

(i)  total unemployment:

Associaton pour l'emploi dans l'industrie et le commerce (Assedic) (Association for Employment in Industry and Trade) of the place of residence of the person concerned,

(ii)  partial unemployment:

Direction départementale du travail de la main-d'œuvre (Departmental Directorate of Labour and Manpower) of the place of employment of the person concerned);

(d)  for the purposes of applying Article 189 of the implementing Regulation:

Direction départementale du travail de la main-d'œuvre (Departmental Directorate of Labour and Manpower).

B.  Scheme for self-employed persons:

1.  Sickness and maternity:

Caisse primaire d'assurance maladie du lieu de résidence ou de séjour (Local Sickness Insurance Fund of the place of residence or of stay).

2.  For the purposes of applying Article 35 of the implementing Regulation with regard to the agricultural scheme:

Caisse de mutualité sociale agricole et tout autre organisme assureur dûment habilité (Agricultural Social Insurance Mutual Benefit Fund and all other duly authorized insurance bodies).

3.  For the purposes of applying Article 36 of the implementing Regulation with regard to old-age pensions:

 

(a)  craftsmen's scheme:

Caisse nationale de l'organisation autonome d'assurance vieillesse des travailleurs non salariés des professions artisanales (Cancava) (National Independent Old-Age Insurance Fund for Self-Employed Persons in Craft Occupations),

Caisses de base professionnelles (Local Professional Funds);

(b)  manfacturers' and tradesmen's scheme:

Caisse nationale de l'organisation autonome d'assurance vieillesse des travailleurs non salariés des professions industrielles et commerciales (Organic) (National Independent Old-Age Insurance Fund for Self-Employed Persons in Manufacturing or Trading Occupations),

Caisses de base professionnelles ou interprofessionnelles (Local Professional or Interprofessional Funds);

(c)  professional occupationsscheme:

Caisse nationale d'assurance vieillesse des professions libérales (CNAVPL), sections professionnelles (National Old-Age Insurance Fund for Members of the Professions — Professional Branches);

(d)  lawyers' scheme:

Caisse nationale des barreaux français (CNBF) (National Fund for Members of the French Bar);

(e)  agricultural scheme:

Caisse nationale d'assurance vieillesse mutelle agricole (National Old-Age Insurance Agricultural Mutual Benefit Fund):

C.  Mariners' scheme:

(a)  for the purposes of applying Article 27 of the Regulation with regard to the mariners' scheme:

Section «Caisse générale de prévoyance des marins» du quartier des affaires maritimes (General Welfare Fund for Mariners, Department of the Maritime Affairs Division);

(b)  for the purposes of applying Article 35 of the implementing Regulation:

Section «Caisse générale de prévoyance des marins» du quartier des affaires maritimes (General Welfare Fund for Mariners, Department of the Maritime Affairs Division).

D.  Family benefits:

Caisse d'allocations familiales (Family Allowances Fund) of the place of residence of the person concerned.

II.  OVERSEAS DEPARTMENTS

A.  Scheme for employed persons:

Risks other than family benefits in general:

Caisse générale de sécurité sociale (General Social Security Fund).

B.  Scheme for self-employed persons:

(a)  sickness and maternity:

Caisse générale de sécurité sociale du lieu de résidence ou de séjour (General Social Security Fund of the place of residence or of stay);

(b)  old-age pensions:

 

—  craftsmen's scheme:

Caisse nationale de l'organisation autonome d'assurance-vieillesse des travailleurs non salariés des professions artisanales (Cancava) (National Independent Old-Age Insurance Fund for Self-Employed Persons in Craft Occupations),

—  manufacturer's and tradesmen's scheme:

Caisse interprofessionnelle d'assurance-vieillesse des industriels et commerçants d'Algérie et d'outre-mer (Cavicorg) (Interprofessional Old-Age Insurance Fund for Manufacturers and Traders in Algeria and Overseas),

—  professional occupations scheme:

Sections professionnelles (Professional Departments),

—  lawyers' scheme:

Caisse nationale des barreaux français (National Fund for Members of the French Bar).

C.  Mariners:

(i)  invalidity pensions:

Section «Caisse générale de prévoyance des marins» du quartier des affairs maritimes (General Welfare Fund for Mariners, Department of the Maritime Affairs Division);

(ii)  old-age pensions:

Section «Caisse de retraite des marins» du quartier des affairs maritimes (Mariners' Pension Fund, Department of the Maritime Affairs Division).

D.  Family benefits:

Caisse d'allocations familiales (Family Allowances Fund) of the place of residence of the person concerned.

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J.   IRELAND

▼B



1.  Benefits in kind:

—  ►M9  Eastern Regional Health Authority, Dublin 20, ◄

— Midland Health Board, Tullamore, County Offlay,

— Mid-Western Health Board, Limerick,

— North-Eastern Health Board, Ceanannus Mor, County Meath,

— North-Western Health Board, Manorhamilton, County Leitrim,

— South-Eastern Health Board, Kilkenny,

— Southern Health Board, Cork,

— Western Health Board, Galway.

▼M9

2.  Cash benefits

(a)  Unemployment benefits:

Department of Social and Family Affairs;

(b)  Old-age and death (pensions):

Department of Social and Family Affairs;

(c)  Family benefits:

Department of Social and Family Affairs;

(d)  Invalidity benefits and maternity benefits:

Department of Social and Family Affairs;

(e)  Other cash benefits:

Department of Social and Family Affairs.

▼M15

K.   ITALY

▼B



1.  Sickness (including tuberculosis) and maternity:

A.  Employed persons:

(a)  benefits in kind:

 

(i)  in general:

Unità sanitaria locale (the competent local health unit),

(ii)  for mariners and civil aicrew:

Ministero della sanità (Ministry of Health) — the relevant area health office for the merchant navy or civil aviation;

(b)  cash benefits:

 

(i)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices,

(ii)  for mariners and civil aicrew:

►M2  IPSEMA (Istituto di previdenza del settore marittimo — Social Welfare Institution in the maritime sector) ◄ .

B.  Self-employed persons:

benefits in kind:

Unità sanitaria locale (the competent local health unit).

2.  Accidents at work, occupational diseases:

A.  Employed persons:

(a)  benefits in kind:

 

(i)  in general:

Unità sanitaria locale (the competent local health unit),

(ii)  for mariners and civil aicrew:

Ministero della sanità (Ministry of Health) — the relevant area health office for the merchant navy or civil aviation;

(b)  prostheses and major appliances, medico-legal benefits, related examinations and certificates and cash benefits:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices.

B.  Self-employed persons (For medical radiologists only):

(a)  benefits in kind:

Unità sanitaria locale (the competent local health unit);

(b)  prostheses and major appliances, medico-legal benefits and related examinations and certificates:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accident at Work), provincial offices;

(c)  cash benefits:

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices.

3.  Invalidity, old-age, survivor's (pensions):

▼M13

A.  Employed persons:

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for workers in the entertainment business:

Ente nazionale di previdenza e assistenza per i lavoratori dello spettacolo (National Welfare and Assistance Office for Workers in the Entertainment Business), Roma;

(c)  for journalists:

Istituto nazionale di previdenza dei giornalisti italiani “Giovanni Amendola” (Giovanni Amendola National Welfare Institution for Italian Journalists), Roma.

▼B

B.  Self-employed persons:

(a)  for medical practitioners:

Ente nazionale di previdenza ed assistenza medici (National Welfare and Assistance Office for Medical Practitioners);

(b)  for pharmacists:

Ente nazionale di previdenza ed assistenza farmacisti (National Welfare and Assistance Office for Pharmacists);

(c)  for veterinarians:

Ente nazionale di previdenza ed assistenza veterinari (National Welfare and Assistance Office for veterinarians);

▼M2 —————

▼B

(e)  for engineers and architects:

Cassa nazionale di previdenza per gli ingegneri ed architetti (National Welfare Fund for Engineers and Architects);

(f)  for surveyors:

Cassa nazionale di previdenza ed assistenza a favore dei geometri (National Welfare and Assistance Fund for Surveyors);

(g)  for solicitors and barristers:

Cassa nazionale di previdenza ed assistenza a favore degli avvocati e dei procuratori (National Welfare and Assistance Fund for Solicitors and Barristers);

(h)  for economists:

Cassa nazionale di previdenza ed assistenza a favore dei dottori commercialisti (National Welfare and Assistance Fund for Economists);

(i)  for accountants:

Cassa nazionale di previdenza ed assistenza a favore dei ragionieri e periti commerciali (National Welfare and Assistance Fund for Accountants);

(j)  for employment experts:

Ente nazionale di previdenza ed assistenza per i consulenti del lavoro (National Welfare and Assistance Office for Employment Experts);

(k)  for notaries:

Cassa nazionale notariato (National Fund for Notaries);

(l)  for customs agents:

Fondo di previdenza a favore degli spedizionieri doganali (Welfare Fund for Customs Agents).

▼M13

4.  Death grants:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (National Institution for Insurance against Accidents at Work), provincial offices; IPSEMA.

▼B

5.  Unemployment for employed persons:

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for journalists:

Istituto nazionale di previdenza per i giornalisti italiani «G. Amendola» (G. Amendola National Welfare Institution for Italian Journalists), Roma.

6.  Family allowances for employed persons:

(a)  in general:

Istituto nazionale della previdenza sociale (National Social Welfare Institution), provincial offices;

(b)  for journalists:

Istituto nazionale di previdenza per i giornalisti italiani «G. Amendola» (G. Amendola National Welfare Institution for Italian Journalists), Roma.

▼M15

L.   CYPRUS

▼M13



1.  Benefits in kind:

Υπουργείο Υγείας, Λευκωσία (Ministry of Health, Nicosia).

2.  Cash benefits:

Υπηρεσίες Κοινωνικών Ασφαλίσεων, Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων, Λευκωσία (Department of Social Insurance Services, Ministry of Labour and Social Insurance, Nicosia).

3.  Family benefits:

Υπηρεσία Χορηγιών και Επιδομάτων, Υπουργείο Οικονομικών, Λευκωσία (Grants and Benefits Service, Ministry of Finance, Nicosia).

▼M15

M.   LATVIA

▼M13



1.  For all contingencies, except health care in kind:

Valsts sociālās apdrošināšanas aģentūra, Rīga (State Social Insurance Agency, Riga).

2.  Health care in kind:

Veselības obligātās apdrošināšanas valsts aģentūra, Rīga (State Compulsory Health Insurance Agency, Riga).

▼M15

N.   LITHUANIA

▼A1



1.  Sickness and maternity:

(a)  sickness:

 

(i)  benefits in kind:

Teritorinės ligonių kasos (Territorial Patient Funds);

(ii)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board);

(b)  maternity:

 

(i)  benefits in kind:

Teritorinės ligonių kasos (Territorial Patient Funds);

(ii)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

2.  Invalidity:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

3.  Old-age, death (pensions):

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

4.  Accidents at work and occupational diseases:

(a)  benefits in kind:

Teritorinės ligonių kasos (Territorial Patient Funds);

(b)  cash benefits:

Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund Board), Vilnius.

5.  Death grant:

Savivaldybių socialinės paramos skyriai (Municipal Social Assistance Departments).

▼M11

6.  Unemployment:

Teritorinės darbo biržos (Local Labour Exchanges).

▼A1

7.  Family benefits:

Savivaldybių socialinės paramos skyriai (Municipal Social Assistance Departments).

▼M15

O.   LUXEMBOURG

▼B



I.  Sickness, maternity:

(a)  for the purposes of applying Articles 19, 22, 28 (1), 29 (1) and 31 of the Regulation, and Articles 17, 18, 20, 21, 22, 24, 29, 30 and 31 of the implementing Regulation

Caisse de maladie des ouvriers et/ou union des caisses de maladie (the sickness fund for manual workers and/or the sickness fund association);

(b)  for the purposes of applying Article 27 of the Regulation:

Caisse de maladie compétente, selon la législation luxembourgeoise, pour la pension partielle luxembourgeoise et/ou union des caisses de maladie (the sickness fund which, under Luxembourg legislation, is competent for the Luxembourg partial pension and/or the sickness fund association).

2.  Invalidity, old-age death (pension):

(a)  for manual workers:

Établissement d'assurance contre la vieillesse et l'invalidité, Luxembourg (Old-Age and Invalidity Insurance Institution), Luxembourg;

(b)  for clerical staff and members of the professions:

Caisse de pension des employés privés, Luxembourg (Pension Fund for Clerical Staff in the Private Sector), Luxembourg;

(c)  for self-employed persons engaged in a craft industry, in trading or in manufacture:

Caisse de pension des artisans, des commerçants et industriels, Luxembourg (Pension Fund for Craftsmen, Tradesmen and Manufacturers), Luxembourg;

(d)  for self-employed persons engaged in agriculture:

Caisse de pension agricole, Luxembourg (Agricultural Pension Fund), Luxembourg;

▼M3

(e)  for the special schemes in the public sector:

the competent pension authority.

▼B

3.  Accidents at work and occupational diseases:

(a)  for employed and self-employed persons engaged in agriculture of forestry:

Association d'assurance contre les accidents, section agricole et forestière, Luxembourg (Accident Insurance Association, Agricultural and Forestry Department), Luxembourg;

(b)  for all other cases of insurance on a compulsory or optional basis:

Association d'assurance contre les accidents, section industrielle, Luxembourg (Accident Insurance Association, Industrial Department), Luxembourg.

4.  Unemployment:

Administration de l'emploi (Employment Office), Luxembourg.

5.  Family benefits:

Caisse nationale des prestations familiales (National Fund for Family Benefits), Luxembourg.

▼M15

P.   HUNGARY

▼A1



<

I.  INSTITUTIONS OF THE PLACE OF RESIDENCE

▼M13

1.  Sickness and maternity:

Benefits in kind and cash benefits:

Országos Egészségbiztosítási Pénztár és a megyei egészségbiztosítási pénztárak (National Health Insurance Fund and the Regional Health Insurance Funds).

▼A1

2.  Invalidity:

(a)  Benefits in kind:

Országos Egészségbiztosítási Pénztár megyei pénztára (County Office of the National Health InsuranceFund);

(b)  Cash benefits:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance).

3.  Old-age, death (pensions):

(a)  old-age pension — social insurance pillar:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance);

(b)  old-age pension — private pillar:

Pénzügyi Szervezetek Állami Felügyelete (State Financial Supervisory Authority), Budapest;

(c)  survivors' pensions:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance);

(d)  non-contributory old-age allowance:

Illetékes helyi önkormányzat (competent local government).

4.  Accidents at work and occupational diseases:

(a)  Benefits in kind:

Országos Egészségbiztosítási Pénztár megyei pénztára (County Office of the National Health Insurance Fund);

(b)  Cash benefits — accidents at work:

Országos Egészségbiztosítási Pénztár (National Health Insurance Fund), Budapest;

(c)  Other cash benefits:

Országos Nyugdíjbiztosítási Főigazgatóság (Central Administration of National Pension Insurance).

5.  Unemployment:

Cash benefits:

Foglalkoztatási Hivatal megyei munkaügyi központja (County Office of the Employment Office).

▼M13

6.  Family benefits: