BWBV0004901
Geldig vanaf 09-05-1977
Artikel 81
Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid
1. In order to receive family benefit in the territory of the Contracting Party in which they reside, the members of the family referred to in Article 61, paragraph 1, of the Convention shall register with the institution of their place of residence, submitting the supporting documents normally required for the award of family benefit under the legislation applied by that institution and also a certificate stating that the person concerned satisfies the conditions for entitlement to benefit. This certificate shall include the following information:
(a) if the legislation of the competent State does not make entitlement to benefit conditional upon any employment or other occupational activity, the certificate shall simply state that the person concerned is subject to the legislation of that State;
(b) if the legislation of the competent State makes entitlement to benefit conditional upon the completion of a specified period of employment or other occupational activity, the certificate shall state that this condition has been satisfied;
(c) if the legislation of the competent State provides that the duration of entitlement to benefit shall correspond to the duration of periods of employment or other occupational activity, the certificate shall state the duration of employment or other occupational activity completed during the period under consideration.
This certificate shall be issued by the competent institution, at the request of the person concerned, as soon as he satisfies the prescribed conditions. If the members of the family do not submit this certificate, the institution of their place of residence shall apply for it to the competent institution.
2. In the case mentioned in sub-paragraphs (a) and (b) of the preceding paragraph, the certificate referred to shall remain valid until the institution of the place of residence is notified of its cancellation. In the case mentioned in sub-paragraph (c), however, the certificate shall remain valid for three months from the date of issue only, and shall be renewed ex officio every three months by the competent institution.
3. If the person concerned is a seasonal worker, the certificate referred to in paragraph 1 of this Article shall remain valid during the whole expected duration of the seasonal work, unless the competent institution notifies its cancellation in the meantime to the institution of the place of residence.
4. If the legislation of the Contracting Party in whose territory the members of the family reside provides for monthly or quarterly payment of benefit, and the legislation of the competent State provides that the duration of entitlement to benefit shall correspond to the duration of periods of employment or other occupational activity completed in that State, benefit shall be provided for a period corresponding to the ratio of that period to the total length of time prescribed by the legislation of the country of residence of the members of the family.
5. If the legislation of the Contracting Party in whose territory the members of the family reside provides for the payment of benefit for a number of days corresponding to the number of days of employment or other occupational activity completed, and the legislation of the competent State provides that entitlement shall be for a period of a month or a quarter, benefit shall be paid monthly or quarterly.
6. In the cases covered by paragraphs 4 and 5 of this Article, if periods of employment or other occupational activity completed under the legislation of the competent State are expressed in units other than those used in calculating benefit under the legislation of the Contracting Party in whose territory the members of the family reside, they shall be converted as provided in Article 15, paragraph 3, of this Agreement.
7. The competent institution shall immediately inform the institution of the place of residence of members of the family of the date on which the person concerned ceases to be entitled to benefit or transfers his residence from the territory of one Contracting Party to that of another. The institution of the place of residence of the members of the family may at any time ask the competent institution for all necessary information regarding entitlement to benefit of the person concerned.
8. The members of the family shall inform the institution of their place of residence of any change in their circumstances which might affect their entitlement to benefit, and in particular of any change of residence.
(a) if the legislation of the competent State does not make entitlement to benefit conditional upon any employment or other occupational activity, the certificate shall simply state that the person concerned is subject to the legislation of that State;
(b) if the legislation of the competent State makes entitlement to benefit conditional upon the completion of a specified period of employment or other occupational activity, the certificate shall state that this condition has been satisfied;
(c) if the legislation of the competent State provides that the duration of entitlement to benefit shall correspond to the duration of periods of employment or other occupational activity, the certificate shall state the duration of employment or other occupational activity completed during the period under consideration.
This certificate shall be issued by the competent institution, at the request of the person concerned, as soon as he satisfies the prescribed conditions. If the members of the family do not submit this certificate, the institution of their place of residence shall apply for it to the competent institution.
2. In the case mentioned in sub-paragraphs (a) and (b) of the preceding paragraph, the certificate referred to shall remain valid until the institution of the place of residence is notified of its cancellation. In the case mentioned in sub-paragraph (c), however, the certificate shall remain valid for three months from the date of issue only, and shall be renewed ex officio every three months by the competent institution.
3. If the person concerned is a seasonal worker, the certificate referred to in paragraph 1 of this Article shall remain valid during the whole expected duration of the seasonal work, unless the competent institution notifies its cancellation in the meantime to the institution of the place of residence.
4. If the legislation of the Contracting Party in whose territory the members of the family reside provides for monthly or quarterly payment of benefit, and the legislation of the competent State provides that the duration of entitlement to benefit shall correspond to the duration of periods of employment or other occupational activity completed in that State, benefit shall be provided for a period corresponding to the ratio of that period to the total length of time prescribed by the legislation of the country of residence of the members of the family.
5. If the legislation of the Contracting Party in whose territory the members of the family reside provides for the payment of benefit for a number of days corresponding to the number of days of employment or other occupational activity completed, and the legislation of the competent State provides that entitlement shall be for a period of a month or a quarter, benefit shall be paid monthly or quarterly.
6. In the cases covered by paragraphs 4 and 5 of this Article, if periods of employment or other occupational activity completed under the legislation of the competent State are expressed in units other than those used in calculating benefit under the legislation of the Contracting Party in whose territory the members of the family reside, they shall be converted as provided in Article 15, paragraph 3, of this Agreement.
7. The competent institution shall immediately inform the institution of the place of residence of members of the family of the date on which the person concerned ceases to be entitled to benefit or transfers his residence from the territory of one Contracting Party to that of another. The institution of the place of residence of the members of the family may at any time ask the competent institution for all necessary information regarding entitlement to benefit of the person concerned.
8. The members of the family shall inform the institution of their place of residence of any change in their circumstances which might affect their entitlement to benefit, and in particular of any change of residence.
- Citeren als
- Art. 81
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004901
- Officiële bron
- wetten.overheid.nl