BWBV0004901
Geldig vanaf 09-05-1977
Artikel 38
Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid
1. The examining institution shall enter on the form referred to in Article 37, paragraph 1, of this Agreement, the periods of insurance or residence completed under its own legislation, and shall return a copy of the form to the invalidity, old age or death (pensions) insurance institution of each Contracting Party to whose legislation the person concerned or the deceased person has or had been subject attaching any employment certificates produced by the claimant.
2. If only one other institution is involved, that institution shall complete the form sent to it in accordance with the provisions of the preceding paragraph, indicating the periods of insurance or residence completed under the legislation it applies. It shall then determine entitlement under that legislation, having regard to the provisions of Article 28 of the Convention, and shall state on the form the theoretical and the actual amounts of the benefit, calculated in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed, without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies. The form, which should also contain information concerning appeals procedure including time limits, shall then be returned to the examining institution.
3. If there are two or more other institutions involved, each institution shall complete the form submitted to it in accordance with the provisions of paragraph 1 of this Article, indicating the periods of insurance or residence completed under the legislation it applies, and return the form to the examining institution. That institution shall send the completed form to the other institutions involved, each of which shall determine entitlement under the legislation it applies in accordance with the provisions of Article 28 of the Convention and indicate on the form the theoretical and actual amounts of any benefit calculated in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed, without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies. The form, which should also contain information concerning appeals procedure, including time-limits, shall then be returned to the examining institution.
4. When the examining institution has received all the information referred to in paragraphs 2 or 3 of this Article, it shall determine entitlement under the legislation it applies, having regard to the provisions of Article 28 of the Convention, and shall calculate the theoretical and actual amounts of the benefit, in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies.
5. Should the examining institution, upon receiving the information referred to in paragraphs 2 or 3 of this Article, find it is necessary to apply the provisions of Article 31, paragraphs 2 or 3, Article 32, paragraphs 2, 4 or 5, or Article 34, paragraph 1 of the Convention, it shall so inform the other institutions concerned.
2. If only one other institution is involved, that institution shall complete the form sent to it in accordance with the provisions of the preceding paragraph, indicating the periods of insurance or residence completed under the legislation it applies. It shall then determine entitlement under that legislation, having regard to the provisions of Article 28 of the Convention, and shall state on the form the theoretical and the actual amounts of the benefit, calculated in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed, without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies. The form, which should also contain information concerning appeals procedure including time limits, shall then be returned to the examining institution.
3. If there are two or more other institutions involved, each institution shall complete the form submitted to it in accordance with the provisions of paragraph 1 of this Article, indicating the periods of insurance or residence completed under the legislation it applies, and return the form to the examining institution. That institution shall send the completed form to the other institutions involved, each of which shall determine entitlement under the legislation it applies in accordance with the provisions of Article 28 of the Convention and indicate on the form the theoretical and actual amounts of any benefit calculated in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed, without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies. The form, which should also contain information concerning appeals procedure, including time-limits, shall then be returned to the examining institution.
4. When the examining institution has received all the information referred to in paragraphs 2 or 3 of this Article, it shall determine entitlement under the legislation it applies, having regard to the provisions of Article 28 of the Convention, and shall calculate the theoretical and actual amounts of the benefit, in accordance with the provisions of paragraphs 2, 3, 4 or 5 of Article 29 of the Convention as well as, where appropriate, the amount of any benefit which could be claimed without applying the provisions of Articles 28 to 33 of the Convention, solely for the periods completed under the legislation it applies.
5. Should the examining institution, upon receiving the information referred to in paragraphs 2 or 3 of this Article, find it is necessary to apply the provisions of Article 31, paragraphs 2 or 3, Article 32, paragraphs 2, 4 or 5, or Article 34, paragraph 1 of the Convention, it shall so inform the other institutions concerned.
- Citeren als
- Art. 38
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004901
- Officiële bron
- wetten.overheid.nl