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Document 32010D0424(15)
Decision No S5 of 2 October 2009 on interpretation of the concept of benefits in kind as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)
Decision No S5 of 2 October 2009 on interpretation of the concept of benefits in kind as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)
Decision No S5 of 2 October 2009 on interpretation of the concept of benefits in kind as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)
SL C 106, 24.4.2010, p. 54–55
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
24.4.2010 |
EN |
Official Journal of the European Union |
C 106/54 |
DECISION No S5
of 2 October 2009
on interpretation of the concept of ‘benefits in kind’ as defined in Article 1(va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council
(Text of relevance to the EEA and to the EC/Switzerland Agreement)
2010/C 106/18
THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
Having regard to Articles 35 and 41 of Regulation (EC) No 883/2004,
Whereas:
(1) |
For the purposes of application of Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004, a precise meaning, binding on all Member States, should be attached to the concept of sickness and maternity ‘benefits in kind’ as defined in Article 1(va) of Regulation (EC) No 883/2004. |
(2) |
The concept of sickness and maternity benefits in kind, in accordance with the case law of the European Court of Justice must include benefits in kind provided to persons reliant on care. Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004, |
HAS DECIDED AS FOLLOWS:
I. General provisions
1. |
The sickness and maternity benefits in kind to be considered when calculating the refunds referred to in Articles 62, 63 and 64 of Regulation (EC) No 987/2009 (hereinafter ‘Implementing Regulation’) shall be those regarded as benefits in kind under the national legislation administered by the institution which has provided the benefits in so far as they can be acquired in accordance with the provisions of Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No 883/2004 (hereinafter ‘Basic Regulation’). |
2. |
The following shall also be regarded as benefits in kind within the meaning of the abovementioned Articles of the Basic Regulation:
|
3. |
The following shall not be regarded as costs for benefits in kind within the meaning of the abovementioned Articles of the Basic Regulation:
|
II. Provisions for the calculation of the fixed amounts provided for in Article 63 of Implementing Regulation
4. |
The calculation of the monthly and total fixed amounts in accordance with Article 64 of the Implementing Regulation shall include the following:
|
5. |
The calculation of the monthly and total fixed amounts in accordance with Article 64 of the Implementing Regulation shall not include the following:
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III. Other provisions
6. |
The calculation of the amounts to be refunded shall as far as possible be based on the official statistics and accounts of the place of stay or residence, and preferably on the published official data. The sources of the statistics used shall be indicated. |
7. |
This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009. |
The Chair of the Administrative Commission
Lena MALMBERG
(1) OJ L 166, 30.4.2004, p. 1.
(2) OJ L 284, 30.10.2009, p. 1.