BWBV0003473
Geldig vanaf 09-05-1977
Artikel 59
Europees Verdrag inzake sociale zekerheid
1. For the purpose of the application of this Article and of Article 60, the term “children” shall, within the limits prescribed in the legislation of the Contracting Party concerned, mean:
(a) legitimate children, legitimised children, acknowledged illegitimate children, adopted children and orphaned grandchildren of the beneficiary;
(b) legitimate children, legitimised children, acknowledged illegitimate children, adopted children and orphaned grandchildren of the beneficiary's spouse, on condition that they are living in the beneficiary's household in the territory of a Contracting Party.
2. Persons subject to the legislation of one Contracting Party, having children who are resident or are being brought up in the territory of another Contracting Party, shall be entitled in respect of such children to the family allowances provided for by the legislation of the first Party, as if these children were permanently resident or were being brought up in the territory of that Party.
3. However, in the case referred to in the preceding paragraph, the amount of the family allowances may be limited to the amount of family allowances provided for by the legislation of the Contracting Party in whose territory the children are resident or are being brought up.
4. For the purpose of applying the provisions of the preceding paragraph the comparison of the amounts of family allowances payable under the two legislations concerned shall be made on the basis of the total number of children of the same beneficiary. Where the legislation of the Contracting Party in whose territory the children are resident or are being brought up provides for different family allowances rates for different categories of beneficiaries, regard shall be had to the amounts that would be payable if the beneficiary were subject to that legislation.
5. The provisions of paragraphs 3 and 4 of this Article shall not be applicable to an employed person covered by Article 15, paragraph 1, sub-paragraph (a), in respect of such children as accompany him to the territory of the Contracting Party where he is sent to work.
6. Family allowances shall be paid in accordance with the provisions of the legislation of the Contracting Party to which the beneficiary is subject, even if the physical or legal person to whom the allowances are payable resides or is temporarily in the territory of another Contracting Party.
(a) legitimate children, legitimised children, acknowledged illegitimate children, adopted children and orphaned grandchildren of the beneficiary;
(b) legitimate children, legitimised children, acknowledged illegitimate children, adopted children and orphaned grandchildren of the beneficiary's spouse, on condition that they are living in the beneficiary's household in the territory of a Contracting Party.
2. Persons subject to the legislation of one Contracting Party, having children who are resident or are being brought up in the territory of another Contracting Party, shall be entitled in respect of such children to the family allowances provided for by the legislation of the first Party, as if these children were permanently resident or were being brought up in the territory of that Party.
3. However, in the case referred to in the preceding paragraph, the amount of the family allowances may be limited to the amount of family allowances provided for by the legislation of the Contracting Party in whose territory the children are resident or are being brought up.
4. For the purpose of applying the provisions of the preceding paragraph the comparison of the amounts of family allowances payable under the two legislations concerned shall be made on the basis of the total number of children of the same beneficiary. Where the legislation of the Contracting Party in whose territory the children are resident or are being brought up provides for different family allowances rates for different categories of beneficiaries, regard shall be had to the amounts that would be payable if the beneficiary were subject to that legislation.
5. The provisions of paragraphs 3 and 4 of this Article shall not be applicable to an employed person covered by Article 15, paragraph 1, sub-paragraph (a), in respect of such children as accompany him to the territory of the Contracting Party where he is sent to work.
6. Family allowances shall be paid in accordance with the provisions of the legislation of the Contracting Party to which the beneficiary is subject, even if the physical or legal person to whom the allowances are payable resides or is temporarily in the territory of another Contracting Party.
- Citeren als
- Art. 59
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003473
- Officiële bron
- wetten.overheid.nl