BWBV0004901
Geldig vanaf 09-05-1977
Artikel 39
Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid
1. If the examining institution finds that the claimant is entitled to benefit under the legislation it applies, without reference to the periods of insurance or residence completed under the legislation of the other Contracting Parties to which the person concerned or the deceased person was subject, it shall make an immediate payment of this benefit on a provisional basis.
2. Each institution which, in accordance with the provisions of Article 29, paragraph 5, of the Convention, may calculate directly the benefit or partial benefit due to the claimant, shall pay him such benefit immediately. If an institution other than the examining institution pays benefit directly to the claimant, it shall immediately inform the examining institution accordingly and retain any arrears due having regard to the application of the provisions of paragraph 7 of this Article, in favour of any institution which may have paid in excess of the amount due.
3. Where the examining institution pays benefit under paragraph 1 of this Article, it shall deduct from the amount of such benefit the amount of benefit paid by any other institution in accordance with the preceding paragraph, as soon as it knows the amount in question.
4. If, while a claim is being examined, an institution other than the examining institution finds that the claimant is entitled to benefit in accordance with the legislation it applies without needing to take account of periods of insurance or residence completed under the legislation of the other Contracting Parties to which the person concerned or the deceased person was subject, it shall at once advise the examining institution, which shall immediately make a provisional payment of such benefit on behalf of the first institution, without prejudice, however, to the provisions of paragraphs 2 and 3 of this Article.
5. Where the examining institution is required to pay benefit under paragraphs 1 and 4 of this Article, it shall pay only the highest rate of benefit, without prejudice, however, to the provisions of paragraphs 2 and 3 of this Article.
6. Where the examining institution does not pay benefit under paragraphs 1, 2 or 4 of this Article, and in cases where there might be delay, it shall make the person concerned a recoverable advance determined in accordance with the provisions of Article 29, paragraphs 1 to 4, of the Convention.
7. When the final settlement of the benefit claim is in process, the examining institution and the other institutions concerned shall adjust their accounts as regards the amount of any provisional benefit paid or the advances made in accordance with the provisions of paragraphs 1, 3, 4, 5 and 6 of this Article. Sums overpaid by the said institutions may be deducted from the amount of benefits they are required to pay to the person concerned.
2. Each institution which, in accordance with the provisions of Article 29, paragraph 5, of the Convention, may calculate directly the benefit or partial benefit due to the claimant, shall pay him such benefit immediately. If an institution other than the examining institution pays benefit directly to the claimant, it shall immediately inform the examining institution accordingly and retain any arrears due having regard to the application of the provisions of paragraph 7 of this Article, in favour of any institution which may have paid in excess of the amount due.
3. Where the examining institution pays benefit under paragraph 1 of this Article, it shall deduct from the amount of such benefit the amount of benefit paid by any other institution in accordance with the preceding paragraph, as soon as it knows the amount in question.
4. If, while a claim is being examined, an institution other than the examining institution finds that the claimant is entitled to benefit in accordance with the legislation it applies without needing to take account of periods of insurance or residence completed under the legislation of the other Contracting Parties to which the person concerned or the deceased person was subject, it shall at once advise the examining institution, which shall immediately make a provisional payment of such benefit on behalf of the first institution, without prejudice, however, to the provisions of paragraphs 2 and 3 of this Article.
5. Where the examining institution is required to pay benefit under paragraphs 1 and 4 of this Article, it shall pay only the highest rate of benefit, without prejudice, however, to the provisions of paragraphs 2 and 3 of this Article.
6. Where the examining institution does not pay benefit under paragraphs 1, 2 or 4 of this Article, and in cases where there might be delay, it shall make the person concerned a recoverable advance determined in accordance with the provisions of Article 29, paragraphs 1 to 4, of the Convention.
7. When the final settlement of the benefit claim is in process, the examining institution and the other institutions concerned shall adjust their accounts as regards the amount of any provisional benefit paid or the advances made in accordance with the provisions of paragraphs 1, 3, 4, 5 and 6 of this Article. Sums overpaid by the said institutions may be deducted from the amount of benefits they are required to pay to the person concerned.
- Citeren als
- Art. 39
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004901
- Officiële bron
- wetten.overheid.nl