wetzoeker

Article 54 Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid

1 In order to receive the cash benefits other than pensions provided for in Article 38, paragraph 1, sub-paragraph (b) of the Convention, the worker shall apply to the institution of his place of residence within three days of becoming incapable of work, and submit a certificate to the effect that he has ceased to work or, if the legislation applied by the competent institution or by the institution of the place of residence so requires, a certificate of incapacity for work issued by the doctor attending him. He shall also submit any other documents required by the legislation of the competent State, according to the type of benefit claimed.

2 If doctors in the country of residence do not issue certificates of incapacity for work, the worker shall apply directly to the institution of the place of residence, within the time-limit set by the legislation it applies. That institution shall at once seek medical confirmation of incapacity for work and issue the certificate referred to in the preceding paragraph.

3 The institution of the place of residence shall immediately transmit to the competent institution the documents referred to in the preceding paragraphs of this Article, indicating at the same time the probable duration of incapacity for work.

4 As soon as possible, the institution of the place of residence shall undertake a medical examination of the worker and make the necessary administrative enquiries regarding his case, as if the said worker were insured by it, and shall notify the competent institution without delay of the findings. The competent institution may, if it so desires, have the worker concerned examined by a doctor of its choice at its own expense. Where this institution decides to refuse benefit on the grounds that the worker has failed to comply with the rules relating to the investigation of his case, it shall notify him of this decision, and at the same time send a copy of the decision to the institution of the place of residence.

5 Termination of incapacity for work shall be notified without delay to the worker by the institution of the place of residence, which shall at the same time notify the competent institution. When this latter institution itself decides that the worker is again capable of work, it shall notify him of its decision and at the same time send a copy of the decision to the institution of the place of residence.

6 Where, in the same case, two different dates are set by the institution of the place of residence and by the competent institution for the termination of incapacity for work, the date set by the competent institution shall apply.

7 When the worker resumes work, he shall notify the competent institution, if so required by the legislation which that institution applies.

8 The competent institution shall pay cash benefits by any appropriate means, for example by international money order, and shall advise the institution of the place of residence of such payments. Where benefit is paid by the institution of the place of residence on behalf of the competent institution, the competent institution shall inform the worker of his entitlement in the manner prescribed by the legislation which it applies, and shall also advise him of the institution charged with paying the benefits. It shall at the same time inform the institution of the place of residence of the amount of benefit payable, the dates of payment, and the maximum period for which it is payable under the legislation of the competent State. The amount of benefit payable by the institution of the place of residence shall be converted at the official rate of exchange prevailing on the first day of the month in which benefit is paid.

Regeling
Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid
Soort
Verdrag
Geldend vanaf
28-02-2007
BWB-id
BWBV0004901
Versie
2007-02-28_0

In de hele regeling · Officiële tekst op wetten.overheid.nl