BWBV0004901
Geldig vanaf 09-05-1977
Artikel 85
Aanvullend Akkoord ter toepassing van het Europees Verdrag inzake sociale zekerheid
1. If, during the assessment or the revision of invalidity, old-age or death (pensions) benefits under the provisions of Chapter 2 of Title III of the Convention, the institution of a Contracting Party has paid to a beneficiary a sum in excess of his entitlement, it may request the institution of any other Contracting Party responsible for the payment of corresponding benefits to that person to deduct the amount overpaid from any arrears payable to him. The latter institution shall transfer the amount so withheld to the creditor institution. If recovery cannot be made in this way, the provisions of the following paragraph shall apply.
2. If the institution of a Contracting Party has paid to a beneficiary a sum in excess of his entitlement, that institution may, under the conditions and to the extent permissible under the legislation it applies, request the institution of any other Contracting Party responsible for payment of benefits to that person to deduct the amount overpaid from the payments it is making to him. The latter institution shall withhold that amount to the extent to which such a deduction is permissible under the legislation it applies, as if the overpayment had been made by it, and transfer the amount so withheld to the creditor institution.
3. If the institution of a Contracting Party has made an advance payment of benefits for a period during which the beneficiary was entitled to corresponding benefits under the legislation of another Contracting Party, it may request the institution of the other Contracting Party to deduct the amount of the advance from the payments due to him for the same period. The latter institution shall withhold the amount and transfer it to the creditor institution.
2. If the institution of a Contracting Party has paid to a beneficiary a sum in excess of his entitlement, that institution may, under the conditions and to the extent permissible under the legislation it applies, request the institution of any other Contracting Party responsible for payment of benefits to that person to deduct the amount overpaid from the payments it is making to him. The latter institution shall withhold that amount to the extent to which such a deduction is permissible under the legislation it applies, as if the overpayment had been made by it, and transfer the amount so withheld to the creditor institution.
3. If the institution of a Contracting Party has made an advance payment of benefits for a period during which the beneficiary was entitled to corresponding benefits under the legislation of another Contracting Party, it may request the institution of the other Contracting Party to deduct the amount of the advance from the payments due to him for the same period. The latter institution shall withhold the amount and transfer it to the creditor institution.
- Citeren als
- Art. 85
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004901
- Officiële bron
- wetten.overheid.nl