BWBV0004546
Artikel 38
Europese Code inzake Sociale Zekerheid (herzien)
1. In the contingency referred to in sub-paragraph c of paragraph 1 of Article 32, the benefit shall take the form of periodical payments:
a) calculated in accordance with the provisions of either Article 71 or Article 72 in the case of total loss of earning capacity or corresponding loss of faculty; or
b) calculated as a fair proportion of the benefit resulting from the provisions of the foregoing sub-paragraph in the case of partial loss of earning capacity or corresponding loss of faculty.
2. In the case of partial loss of earning capacity of less than 25%, or a corresponding loss of faculty, the benefit may take the form of a lump-sum payment. The amount of the payment shall not be less than the total amount of periodical payments which would have been due for a period of three years, having regard to the provisions of the foregoing paragraph.
3. In other cases, at the request of the victim, all or part of the periodical payments provided for in paragraph 1 of this article may be converted into a lump sum corresponding to the actuarial equivalent thereof, where the competent authority has reason to believe that such lump sum will be utilised in a manner which is unquestionably advantageous for the victim.
4. The conditions in which the periodical payments referred to in paragraph 1 of this article shall be reviewed, suspended or cancelled in the light of changes which may have occured in the degree of loss of earning capacity or loss of faculty shall be determined by national legislation.
5. In addition, each Party shall provide increased or special benefit, under prescribed conditions, for beneficiaries whose condition necessitates the constant attendance of another person.
a) calculated in accordance with the provisions of either Article 71 or Article 72 in the case of total loss of earning capacity or corresponding loss of faculty; or
b) calculated as a fair proportion of the benefit resulting from the provisions of the foregoing sub-paragraph in the case of partial loss of earning capacity or corresponding loss of faculty.
2. In the case of partial loss of earning capacity of less than 25%, or a corresponding loss of faculty, the benefit may take the form of a lump-sum payment. The amount of the payment shall not be less than the total amount of periodical payments which would have been due for a period of three years, having regard to the provisions of the foregoing paragraph.
3. In other cases, at the request of the victim, all or part of the periodical payments provided for in paragraph 1 of this article may be converted into a lump sum corresponding to the actuarial equivalent thereof, where the competent authority has reason to believe that such lump sum will be utilised in a manner which is unquestionably advantageous for the victim.
4. The conditions in which the periodical payments referred to in paragraph 1 of this article shall be reviewed, suspended or cancelled in the light of changes which may have occured in the degree of loss of earning capacity or loss of faculty shall be determined by national legislation.
5. In addition, each Party shall provide increased or special benefit, under prescribed conditions, for beneficiaries whose condition necessitates the constant attendance of another person.
- Citeren als
- Art. 38
- Status
- Geldend recht
- Identificatie
- BWBV0004546
- Officiële bron
- wetten.overheid.nl