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1. Where the legislation applied by the institution of the place of residence or temporary residence embodies two or more compensation schemes, the rules to be applied in respect of the provision of benefits in kind, in the cases referred to in Article 38, paragraph 1, and in Article 40, paragraph 1, shall be those of the general scheme or, failing that, of the scheme for industrial workers.
2. Where the legislation of a Contracting Party fixes a maximum period for the provision of benefits, the institution which applies that legislation may, where appropriate, take account of any period during which benefits have already been provided by the institution of another Contracting Party for the same case of occupational injury or disease.