BWBV0001782
Geldig vanaf 01-06-2007
Artikel 15
Verdrag inzake sociale zekerheid tussen het Koninkrijk der Nederlanden en het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland
1. Where a person has, since his last arrival in the territory of the United Kingdom, completed a contribution period under the legislation of that Party, then for the purpose of any claim to sickness benefit or maternity allowance made under the legislation of that Party, any insurance period completed under the legislation of the Netherlands shall be treated in accordance with Article 14 as if it were an insurance period completed under the legislation of the United Kingdom.
2. Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 7 to 13, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of the latter Party.
3. Subject to paragraphs (4) and (5) and Article 30, where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of the United Kingdom if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the Netherlands if:
a) his condition necessitates immediate treatment during a stay in the territory of the Netherlands and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim to benefit and documentary evidence of incapacity for work; or
b) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom he is authorised by the competent authority of that Party to return to the territory of the Netherlands where he resides, or to transfer his residence to the territory of the Netherlands; or
c) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to the territory of the Netherlands to receive there treatment for his condition.
The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.
4. Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey, goes to the Netherlands, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Jersey or Guernsey, as the case may be.
5. Where a person who is resident in the territory of one Party would be entitled to receive sickness benefit or maternity allowance under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation.
6. Where a person would be entitled to receive sickness benefit under the legislation of the Netherlands if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom.
7. Where, but for this paragraph, a person would be entitled to receive, for the same period, whether by virtue of this Convention, or otherwise, sickness benefit under the legislation of both Parties, including industrial injury benefit under the legislation of Guernsey, or maternity allowance under the legislation of the United Kingdom, that benefit, allowance or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.
2. Where a person is employed in the territory of one Party and the legislation of the other Party applies to him in accordance with any of the provisions of Articles 7 to 13, he shall be treated under that legislation for the purpose of any claim to sickness benefit or maternity allowance as if he were in the territory of the latter Party.
3. Subject to paragraphs (4) and (5) and Article 30, where a person would be entitled to receive sickness benefit or maternity allowance under the legislation of the United Kingdom if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the Netherlands if:
a) his condition necessitates immediate treatment during a stay in the territory of the Netherlands and, within six days of commencement of incapacity for work or such longer period as the competent authority may allow, he submits to the competent authority of the United Kingdom a claim to benefit and documentary evidence of incapacity for work; or
b) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom he is authorised by the competent authority of that Party to return to the territory of the Netherlands where he resides, or to transfer his residence to the territory of the Netherlands; or
c) having claimed and become entitled to sickness benefit or maternity allowance under the legislation of the United Kingdom, he is authorised by the competent authority of that Party to go to the territory of the Netherlands to receive there treatment for his condition.
The authorisation required in accordance with sub-paragraph (b) may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health, or to the receipt of medical treatment.
4. Where a seasonal worker, who is entitled to sickness benefit under the legislation of Jersey or Guernsey, goes to the Netherlands, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from Jersey or Guernsey, as the case may be.
5. Where a person who is resident in the territory of one Party would be entitled to receive sickness benefit or maternity allowance under the legislation of the other Party if he were in the territory of that Party, he shall be entitled to receive that sickness benefit or maternity allowance while he is in the territory of the former Party provided that, since his last arrival in the territory of that Party, he has not completed a contribution period under its legislation.
6. Where a person would be entitled to receive sickness benefit under the legislation of the Netherlands if he were in the territory of that Party, he shall be entitled to receive that sickness benefit while he is in the territory of the United Kingdom.
7. Where, but for this paragraph, a person would be entitled to receive, for the same period, whether by virtue of this Convention, or otherwise, sickness benefit under the legislation of both Parties, including industrial injury benefit under the legislation of Guernsey, or maternity allowance under the legislation of the United Kingdom, that benefit, allowance or payment shall be granted only under the legislation under which the person was last insured before entitlement arose.
- Citeren als
- Art. 15
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0001782
- Officiële bron
- wetten.overheid.nl