|
Стр. 5
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of insurance completed under the legislation of
the first Party.
2. Where the legislation of a Contracting Party makes admission
to compulsory insurance conditional upon the completion of periods
of insurance, periods of insurance completed under the legislation
of any other Contracting Party and, where appropriate, periods of
residence completed after the age of sixteen under the non-
contributory schemes of any other Contracting Party shall, to that
end, for the purpose of adding periods together, be taken into
account, to the extent necessary, as if they were periods of
insurance completed under the legislation of the first Party.
Article 20
1. Persons who reside in the territory of a Contracting Party
other than the competent State and who satisfy the conditions for
entitlement prescribed by the legislation of the latter State,
regard being had, where appropriate, to the provisions of Article
19, shall receive in the territory of the Contracting Party in
which they are resident:
(a) benefits in kind, provided at the expense of the competent
institution by the institution of the place of residence in
accordance with the provisions of the legislation which the latter
institution applies, as if these persons were affiliated to it;
(b) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these persons were resident in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence, cash
benefits may also be paid through the latter institution, on
behalf of the competent institution.
2. The provisions of the preceding paragraph shall apply,
mutatis mutandis, in respect of benefits in kind to members of the
family who are resident in the territory of a Contracting Party
other than the competent State.
3. Benefits may also be paid to frontier workers by the
competent institution in the territory of the competent State, in
accordance with the provisions of the legislation of that State,
as if they were resident in its territory. However, members of
their family shall be entitled to benefits in kind under the same
conditions only if there is an agreement to that effect between
the competent authorities of the Contracting Parties concerned, or
failing that, except in case of emergency, if there is prior
authorisation by the competent institution.
4. Persons to whom this article applies, other than frontier
workers or members of their families, who are temporarily resident
in the territory of the competent State, shall be entitled to
benefits in accordance with the provisions of the legislation of
that State as if they were resident in its territory even if they
were already receiving benefits for the same case of sickness or
maternity before taking up their temporary residence.
5. Persons to whom this article applies who transfer their
residence to the territory of the competent State shall be
entitled to benefits in accordance with the provisions of the
legislation of that State, even if they were already receiving
benefits for the same case of sickness or maternity before
transferring their residence.
Article 21
1. Persons who satisfy the conditions for entitlement to
benefits under the legislation of the competent State, regard
being had, where appropriate, to the provisions of Article 19,
and:
(a) whose condition necessitates the immediate provision of
benefits during temporary residence in the territory of a
Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the
competent institution, are authorised by that institution to
return to the territory of a Contracting Party other than the
competent State where they are resident or to transfer their
residence to the territory of a Contracting Party other than the
competent State, or
(c) who are authorised by the competent institution to go to
the territory of a Contracting Party other than the competent
State in order to receive the treatment required by their
condition,
shall receive:
(i) benefits in kind, provided at the expense of the
competent institution by the institution of the place of
residence or temporary residence in accordance with the
provisions of the legislation applied by the latter
institution, as if these persons were affiliated to it, for a
period not exceeding any period which may be prescribed by the
legislation of the competent State;
(ii) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these persons were in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence or
temporary residence, cash benefits may be paid through the
latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of
the preceding paragraph may be refused only if the move might
prejudice the health or the course of medical treatment of the
person concerned;
(b) the authorisation referred to in sub-paragraph (c) of the
preceding paragraph shall not be refused when the requisite
treatment cannot be given in the territory of the Contracting
Party in which the person concerned resides.
3. The provisions of the preceding paragraphs of this Article
shall apply, mutatis mutandis, to members of the family in respect
of benefits in kind.
Article 22
1. Where the legislation of a Contracting Party makes the
provision of benefits in kind to members of the family conditional
on their being personally insured, the provisions of Articles 20
and 21 shall apply to members of the family of a person subject to
that legislation only if they are personally affiliated to the
same institution of the said Party as that person, or to another
institution of the said Party which provides corresponding
benefits.
2. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on average
earnings, the competent institution of that Party shall determine
those average earnings exclusively on the basis of the earnings
recorded during the periods completed under the said legislation.
3. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on fixed earnings,
the competent institution of that Party shall take account
exclusively of such fixed earnings or, where appropriate, of the
average fixed earnings corresponding to the periods completed
under the said legislation.
4. Where the legislation of a Contracting Party provides that
the amount of cash benefits shall vary with the number of members
of the family, the competent institution of that Party shall take
account also of members of the family resident in the territory of
another Contracting Party, as if they were resident in the
territory of the first Party.
Article 23
Unemployed persons who satisfy the conditions for entitlement
to benefits in kind under the legislation of the Contracting Party
responsible for providing unemployment benefit, regard being had,
where appropriate, to the provisions of Article 19, shall be
entitled, together with the members of their families, to benefits
in kind if they are resident in the territory of another
Contracting Party. Such benefits in kind shall be provided by the
institution of the place of residence in accordance with the
provisions of the legislation which that institution applies, as
if the persons concerned were entitled to the benefits by virtue
of that legislation, but the cost shall be borne by the competent
institution of the first-mentioned Party.
Article 24
1. Where a person receiving a pension under the legislation of
two or more Contracting Parties is entitled to benefits in kind
under the legislation of the Contracting Party in whose territory
he is resident, regard being had, where appropriate, to the
provisions of Article 19, such benefits shall be provided for him
and for the members of his family by the institution of the place
of residence at its own cost, as if he were a pensioner under the
legislation of the latter Party only.
2. Where a person receiving a pension under the legislation of
a Contracting Party or pensions under the legislation of two or
more Contracting Parties, is not entitled to benefits in kind
under the legislation of the Contracting Party in whose territory
he is resident, he shall nevertheless be entitled to such benefits
for himself, and for the members of his family, if he is entitled
to them under the legislation of the former Party, or of one of
the former Parties, regard being had, where appropriate, to the
provisions of Article 19, or if he would be entitled to them if he
were resident in the territory of one of those Parties. The
benefits in kind shall be provided by the institution of the place
of residence, in accordance with the provisions of the legislation
which it applies, as if the pensioner were entitled to the said
benefits under that legislation, but the cost shall be borne by
the institution as determined under the rules laid down in the
following paragraph.
3. In the cases referred to in the preceding paragraph, the
institution which shall bear the cost of the benefits in kind
shall be determined according to the following rules:
(a) where the pensioner is entitled to the said benefits under
the legislation of one Contracting Party only, the cost shall be
borne by the competent institution of that Party;
(b) where the pensioner is entitled to the said benefits under
the legislation of two or more Contracting Parties, the cost shall
be borne by the competent institution of the Contracting Party
under whose legislation the pensioner completed the longest period
of insurance or residence; if by virtue of this rule two or more
institutions would be liable for the cost of the benefits, the
cost shall be borne by the institution of the Contracting Party to
whose legislation the pensioner was last subject.
4. Where the members of the family of a person receiving a
pension under the legislation of a Contracting Party or pensions
under the legislation of two or more Contracting Parties are
resident in the territory of a Contracting Party other than that
in which the pensioner himself resides, they shall receive
benefits in kind as if the pensioner were resident in the same
territory, provided that he is entitled to such benefits under the
legislation of a Contracting Party. The benefits in kind shall be
provided by the institution of the place of residence of the
members of the family under the provisions of the legislation
which it applies, as if they were entitled to such benefits under
that legislation, but their cost shall be borne by the institution
of the pensioner's place of residence.
5. Members of the family to whom the preceding paragraph
applies who transfer their residence to the territory of the
Contracting Party in which the pensioner resides shall be entitled
to benefits under the provisions of the legislation of that Party
even if they have already received benefits for the same case of
sickness or maternity before transferring their residence.
6. A person receiving a pension under the legislation of a
Contracting Party, or pensions under the legislation of two or
more Contracting Parties, who is entitled to benefits in kind
under the legislation of one of these Parties, shall, together
with the members of his family, be entitled to such benefits:
(a) during temporary residence in the territory of a
Contracting Party other than that in which they are resident,
where their condition requires the immediate provision of benefit;
or
(b) where they have been authorised by the institution of the
place of residence to go to the territory of a Contracting Party
other than that in which they are resident in order to receive the
treatment required by their condition.
7. In the cases referred to in the preceding paragraph, the
benefits in kind shall be provided by the institution of the place
of temporary residence in accordance with the provisions of the
legislation which it applies, as if the persons concerned were
entitled to such benefits under that legislation, but the cost
shall be borne by the institution of the pensioner's place of
residence.
8. Where the legislation of a Contracting Party provides for
contributions to be deducted from the pension payable for the
purpose of entitlement to benefits in kind, the institution of the
Party which pays the pension shall be authorised to make such
deductions if the cost of the benefits in kind is borne by an
institution of that Party by virtue of this Article.
Article 25
1. Where the legislation applied by the institution of the
place of residence or temporary residence provides for two or more
sickness and maternity insurance schemes, the rules to be applied
in respect of the provision of benefits in kind, in the cases
covered by Article 20, paragraphs 1 and 2, Article 21, paragraphs
1 and 3, Article 23, and Article 24, paragraphs 2, 4 and 6, shall
be those of the general scheme or, failing that, of the scheme for
industrial workers.
2. Where the legislation of a Contracting Party makes the award
of benefits dependent on the origin of the sickness, that
condition shall not apply to persons covered by this Convention,
irrespective of the territory of the Contracting Party in which
they reside.
3. Where the legislation of a Contracting Party fixes a maximum
period for the award of benefits, the institution which applies
that legislation may, where appropriate, take account of any
period during which benefits have already been provided by the
institution of another Contracting Party for the same case of
sickness or maternity.
Article 26
1. The application of the provisions of Articles 20, 21, 23 and
24 as between two or more Contracting Parties shall be subject to
the conclusion between those Parties of bilateral or multilateral
agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 20, 21, 23 and 24 shall apply;
(b) the period during which benefits in kind may be provided by
the institution of one Contracting Party, the cost being borne by
the institution of another Contracting Party;
(c) the special conditions governing the supply of prosthetic
appliances, major aids and other major benefits in kind;
(d) rules to prevent the overlapping of benefits of the same
kind;
(e) arrangements for the refund of benefits provided by the
institution of one Contracting Party, the cost being borne by the
institution of another Contracting Party.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 2
INVALIDITY, OLD AGE AND DEATH (PENSIONS)
Section 1. COMMON PROVISIONS
Article 27
Where a person has been subject successively or alternatively
to the legislation of two or more Contracting Parties, the said
person or his survivors shall be entitled to benefits in
accordance with the provisions of this chapter, even if such
persons would be entitled to claim benefits under the legislation
of one or more Contracting Parties without these provisions being
applied.
Article 28
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of insurance, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account of periods of
insurance completed under the legislation of any other Contracting
Party and, where appropriate, of periods of residence completed
after the age of sixteen under non-contributory schemes of any
other Contracting Party, as if they were periods of insurance
completed under the legislation of the first Party.
2. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of residence, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account of periods of
insurance completed under the legislation of any other Contracting
Party, and, where appropriate, of periods of residence completed
after the age of sixteen under non-contributory schemes of any
other Contracting Party, as if they were periods of residence
completed under the legislation of the first Party.
3. Where, under the legislation of a Contracting Party, a
person has been affiliated at the same time to a contributory
scheme and to a non-contributory scheme for the same contingency,
the institution of any other Contracting Party concerned shall
have regard, in applying paragraphs 1 or 2 of this article, to the
longest period of insurance or of residence completed under the
legislation of the first Party.
4. Where the legislation of a Contracting Party makes the
provision of certain benefits conditional upon the completion of
periods of insurance in an occupation covered by a special scheme
or in a specified occupation or employment, only periods completed
under a corresponding scheme, or, failing that, in the same
occupation or, where appropriate, in the same employment, under
the legislation of other Contracting Parties, shall be taken into
account for the award of such benefits. If, notwithstanding
periods completed in this way, the person concerned does not
satisfy the conditions for entitlement to the said benefits, the
periods concerned shall be taken into account for the award of
benefits under the general scheme or, failing that, the scheme
applicable to wage-earners or to salaried employees, as
appropriate.
5. Where the legislation of a Contracting Party, which does not
make entitlement to benefits or the amount thereof subject to any
specific period of insurance or employment but makes the provision
of such benefits conditional on the person concerned or, in the
case of survivors' benefits, the deceased, having been subject to
that legislation at the time at which the contingency arose, that
condition shall be considered fulfilled if the person concerned or
the deceased, as the case may be, was subject at that time to the
legislation of another Contracting Party.
6. Where the legislation of a Contracting Party provides that
the period of payment of a pension may be taken into consideration
for the acquisition, maintenance or recovery of entitlement to
benefits, the competent institution of that Party shall to that
end take account of any period during which a pension was paid
under the legislation of any other Contracting Party.
Article 29
1. The institution of each Contracting Party to whose
legislation the person concerned has been subject shall determine,
in accordance with the legislation which it applies, whether such
person satisfies the conditions for entitlement to benefits having
regard, where appropriate, to the provisions of Article 28.
2. If the person concerned satisfies those conditions, the said
institution shall calculate the theoretical amount of the benefit
he could claim if all the periods of insurance and of residence
completed under the legislation of the Contracting Parties
concerned, and taken into account for determining entitlement, in
accordance with the provisions of Article 28, had been completed
exclusively under the legislation which that institution applies.
3. However,
(a) in the case of benefits the amount of which does not depend
on the length of periods completed, that amount shall be taken to
be the theoretical amount referred to in the preceding paragraph;
(b) in the case of benefits specified in Annex IV, the
theoretical amount referred to in the preceding paragraph may be
calculated on the basis of the full benefit and up to an amount
not exceeding it:
(i) in the case of invalidity or death, in proportion to
the ratio of the total periods of insurance and residence
completed, before the contingency arose, by the person
concerned or the deceased under the legislation of all
Contracting Parties concerned and taken into account in
accordance with the provisions of Article 28, to two-thirds
the number of years which elapsed between the date on which
the person concerned or the deceased reached the age of
sixteen and the date on which occurred the incapacity for work
followed by invalidity or the death, as the case may be,
disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of
the total periods of insurance and residence completed by the
person concerned under the legislation of all the Contracting
Parties concerned, and taken into account in accordance with
the provisions of Article 28, to thirty years, disregarding
any years subsequent to pensionable age.
4. The said institution shall then calculate the actual amount
of the benefit payable by it to the person concerned on the basis
of the theoretical amount calculated in accordance with the
provisions of paragraph 2 or of paragraph 3 of this article, as
appropriate, and in proportion to the ratio of the periods of
insurance or residence completed before the contingency arose
under the legislation which it applies, to the total of the
periods of insurance or residence completed before the contingency
arose under the legislation of all the Contracting Parties
concerned.
5. Where the legislation of a Contracting Party provides that
the amount of benefits or certain parts thereof shall be in
proportion to the periods of insurance or residence completed, the
competent institution of that Party may calculate those benefits
or parts thereof directly, solely on the basis of the periods
completed under the legislation which it applies, notwithstanding
the provisions of paragraphs 2 to 4 of this Article.
Article 30
1. For the calculation of the theoretical amount referred to in
Article 29, paragraph 2:
(a) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of average earnings, an
average contribution, an average increase or on the basis of the
ratio of the claimant's gross earnings during the periods of
insurance to the average gross earnings of all insured persons
other than apprentices, such average figures or ratios shall be
determined by the competent institution of that Party solely on
the basis of the periods completed under the legislation of the
said Party or of the gross earnings received by the person
concerned during those periods only;
(b) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of the amount of
earnings, contributions or increases, the earnings, contributions
or increases to be taken into account by the competent institution
of that Party in respect of periods completed under the
legislation of other Contracting Parties shall be determined on
the basis of the average earnings, contributions or increases
recorded for the periods completed under the legislation of the
first Party;
(c) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of fixed earnings or a
fixed amount, the earnings or the amount to be taken into account
by the competent institution of that Party in respect of periods
completed under the legislation of other Contracting Parties shall
be equal to the fixed earnings or the fixed amount or, where
appropriate, the average fixed earnings or fixed amount
corresponding to the periods completed under the legislation of
the first Party;
(d) where the legislation of a Contracting Party provides that
benefits shall be calculated, in respect of certain periods, on
the basis of earnings and, in respect of other periods, on the
basis of fixed earnings or a fixed amount, the competent
institution of that Party shall take into account, in respect of
periods completed under the legislation of other Contracting
Parties, the earnings or amounts determined in accordance with the
provisions of sub-paragraph (b) or sub-paragraph (c) of this
paragraph, as appropriate; where in respect of all the periods
completed under the legislation of the first Party, the benefits
are calculated on the basis of fixed earnings or a fixed amount,
the earnings to be taken into account by the competent institution
of that Party, in respect of periods completed under the
legislation of other Contracting Parties, shall be equal to the
notional earnings corresponding to the said fixed earnings or
fixed amount.
2. Where the legislation of a Contracting Party embodies rules
providing for the revaluation of the factors taken into account
for the calculation of benefits, these rules shall apply, where
appropriate, to the factors taken into account by the competent
institution of that Party, in accordance with the provisions of
the preceding paragraph, in respect of periods completed under the
legislation of other Contracting Parties.
3. Where the legislation of a Contracting Party provides that
the amount of benefits shall vary with the number of members of
the family, the competent institution of that Party shall take
account also of the members of the family resident in the
territory of another Contracting Party, as if they were resident
in the territory of the first Party.
Article 31
1. Notwithstanding the provisions of Article 29, where the
total duration of the periods of insurance or residence completed
under the legislation of a Contracting Party is less than one year
and where, taking into account only those periods, no entitlement
to benefits exists under that legislation, the institution of the
Party concerned shall not be bound to award benefits in respect of
the said periods.
2. The periods referred to in the preceding paragraph shall be
taken into account by the institution of each of the other
Contracting Parties concerned for the purpose of applying Article
29, except paragraph 4 thereof.
3. However, where the application of the provisions of
paragraph 1 of this article would have the effect of relieving all
the institutions concerned of the obligation to award benefits,
benefits shall be awarded exclusively under the legislation of the
last Contracting Party whose conditions are fulfilled by the
person concerned, regard being had to the provisions of Article
28, as if all the periods referred to in paragraph 1 of the
present article had been completed under the legislation of that
Party.
Article 32
1. Notwithstanding the provisions of Article 29, where the
total of all periods of insurance or residence completed under the
legislation of a Contracting Party is at least one year but less
than five years, the institution of that Party shall not be bound
to award old-age benefits in respect of the said periods.
2. The periods referred to in the preceding paragraph shall be
taken into account, for the purpose of applying Article 29, by the
institution of the Contracting Party under whose legislation the
person concerned completed the longest period of insurance or
residence, as if the periods in question had been completed under
the legislation of that Party. Where, under this rule, the said
periods would have to be taken into account by more than one
institution, they shall be taken into account only by the
institution of the Contracting Party to whose legislation the
person concerned was last subject.
3. The institution referred to in paragraph 1 of this article
shall transfer to the institution mentioned in paragraph 2, in
final settlement, a lump sum equal to ten times the annual amount
of the part-benefit payable by the last-mentioned institution, in
accordance with the provisions of Article 29, in respect of
periods completed under the legislation applied by the first
institution. The competent authorities of the Contracting Parties
concerned may agree on different arrangements for settling their
liabilities in respect of such periods.
4. However, where the application of the provisions of
paragraph 1 of this article would have the effect of relieving all
the institutions concerned of the obligation to award benefits,
benefits shall be awarded in accordance with the provisions of
Article 29.
5. Where the combined application of the provisions of Article
31, paragraph 1, and of paragraph 1 of this article would have the
effect of relieving all the institutions concerned of the
obligation to award benefits, benefits shall be awarded in
accordance with the provisions of Article 29, without prejudice to
the provisions of Article 31, paragraphs 1 and 2.
6. The application of the provisions of the preceding
paragraphs of this article as between two or more Contracting
Parties shall be subject to the conclusion of bilateral or
multilateral agreements between those Parties and shall be limited
to cases in which the persons concerned have been subject
exclusively to the legislation of those Parties.
Article 33
1. If the person concerned does not, at a given date, satisfy
the conditions required by the legislation of all the Contracting
Parties concerned, regard being had to the provisions of Article
28, but satisfies the conditions of the legislation of only one or
more of them, the following provisions shall apply:
(a) the amount of the benefits payable shall be calculated in
accordance with the provisions of paragraphs 2 to 4 or of
paragraph 5 of Article 29, as appropriate, by each of the
competent institutions applying legislation the conditions of
which are fulfilled;
(b) however,
(i) if the person concerned satisfies the conditions of at
least two legislations, without any need to include periods of
insurance or residence completed under legislations the
conditions of which are not fulfilled, such periods shall not
be taken into account for the purpose of applying the
provisions of Article 29, paragraphs 2 to 4;
(ii) if the person concerned satisfies the conditions of
one legislation only, without any need to invoke the
provisions of Article 28, the amount of the benefit payable
shall be calculated exclusively in accordance with the
provisions of the legislation the conditions of which are
fulfilled, taking account of periods completed under that
legislation only.
2. Benefits awarded under one or more of the legislations
concerned in the case covered by the preceding paragraph shall be
recalculated ex officio, in accordance with the provisions of
paragraphs 2 to 4 or of paragraph 5 of Article 29, as appropriate,
as and when the conditions prescribed by the other legislation or
legislations concerned are satisfied, regard being had, where
appropriate, to the provisions of Article 28.
3. Benefits awarded under the legislation of two or more
Contracting Parties shall be recalculated, in accordance with the
provisions of paragraph 1 of this article, at the request of the
beneficiary, when the conditions prescribed by one or more of the
legislations concerned cease to be fulfilled.
Article 34
1. Where the amount of the benefits a person would be entitled
to claim under the legislation of a Contracting Party,
disregarding the provisions of Articles 28 to 33, is greater than
the total benefits payable in accordance with those provisions,
the competent institution of that Party shall pay a supplement
equal to the difference between the two amounts, and shall bear
the whole cost thereof.
2. Where the application of the provisions of the preceding
paragraph would have the effect of entitling the person concerned
to supplements from the institutions of two or more Contracting
Parties, he shall receive only whichever is the largest, and the
cost shall be apportioned among the competent institutions of the
Contracting Parties concerned according to the ratio between the
amount of the supplement which each of them would have to pay if
it alone had been concerned and the amount of the combined
supplement which all the said institutions would have had to pay.
3. The supplement referred to in the preceding paragraphs of
this article shall be regarded as a component of the benefits
provided by the institution liable for payment. Its amount shall
be determined once and for all, except where it may be necessary
to apply the provisions of paragraph 2 or paragraph 3 of Article
33.
Section 2. SPECIAL PROVISIONS CONCERNING INVALIDITY
Article 35
1. In the event of an aggravation of any invalidity for which a
person is receiving benefits under the legislation of one
Contracting Party only, the following provisions shall apply:
(a) if the person concerned, since he began to receive
benefits, has not been subject to the legislation of any other
Contracting Party, the competent institution of the first Party
shall be bound to award benefits, taking the aggravation into
account, in accordance with the provisions of the legislation
which that institution applies;
(b) if the person concerned, since he began to receive
benefits, has been subject to the legislation of one or more other
Contracting Parties, benefits shall be awarded, taking the
aggravation into account, in accordance with the provisions of
Articles 28 to 34;
(c) in the case referred to in the preceding sub-paragraph, the
date on which the aggravation was established shall be regarded as
the date on which the contingency arose;
(d) if in the case referred to in sub-paragraph (b) of this
paragraph the person concerned is not entitled to benefits from
the institution of another Contracting Party, the competent
institution of the first Party shall be bound to award benefits,
taking the aggravation into account, in accordance with the
provisions of the legislation which that institution applies.
2. In the event of an aggravation of any invalidity for which a
person is receiving benefits under the legislation of two or more
Contracting Parties, benefits shall be awarded, taking the
aggravation into account, in accordance with the provisions of
Articles 28 to 34. The provisions of sub-paragraph (c) of the
preceding paragraph shall apply, mutatis mutandis.
Article 36
1. Where, after the suspension of benefits, payment thereof is
to be resumed, this shall be done by the institution or
institutions which were liable for payment of the benefits at the
time of the suspension, without prejudice to the provisions of
Article 37.
2. Where, after the suppression of benefits, the state of
health of the person concerned justifies the award of further
benefits, such benefits shall be awarded in accordance with the
provisions of Articles 28 to 34.
Article 37
1. Invalidity benefits shall, where appropriate, be converted
into old-age benefits, on the conditions prescribed by the
legislation or legislations under which they have been awarded and
in accordance with the provisions of Articles 28 to 34.
2. Where, in the case referred to in Article 33, a recipient of
invalidity benefits payable under the legislation of one or more
Contracting Parties becomes entitled to old-age benefits, any
institution liable for the payment of invalidity benefits shall
continue to pay the recipient the benefits to which he is entitled
under the legislation which it applies until such time as the
provisions of the preceding paragraph become applicable in respect
of that institution.
Chapter 3
OCCUPATIONAL INJURIES AND DISEASES
Article 38
1. Workers having sustained an occupational injury or
contracted an occupational disease who reside in the territory of
a Contracting Party other than the competent State shall be
entitled to receive in the territory of the Contracting Party in
which they are resident:
(a) benefits in kind, provided at the expense of the competent
institution by the institution of the place of residence in
accordance with the provisions of the legislation which the latter
institution applies, as if these workers were affiliated to it;
(b) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these workers were resident in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence, cash
benefits may also be paid through the latter institution, on
behalf of the competent institution.
2. Benefits may also be paid to frontier workers by the
competent institution in the territory of the competent State, in
accordance with the provisions of the legislation of that State,
as if they were resident in its territory.
3. Workers to whom this article applies, other than frontier
workers, who are temporarily resident in the territory of the
competent State, shall be entitled to benefits in accordance with
the provisions of the legislation of that State as if they were
resident in its territory even if they were already receiving
benefits before taking up their temporary residence.
4. Workers to whom this article applies who transfer their
residence to the territory of the competent State shall be
entitled to benefits in accordance with the provisions of the
legislation of that State even if they were already receiving
benefits before transferring their residence.
Article 39
An accident on the way to or from work, which happens in the
territory of a Contracting Party other than the competent State,
shall be regarded as having happened in the territory of the
competent State.
Article 40
1. Workers having sustained an occupational injury or
contracted an occupational disease and:
(a) who are temporarily resident in the territory of a
Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the
competent institution, are authorised by that institution to
return to the territory of a Contracting Party other than the
competent State where they are resident, or to transfer their
residence to the territory of a Contracting Party other than the
competent State, or
(c) who are authorised by the competent institution to go to
the territory of a Contracting Party other than the competent
State in order to receive the treatment required by their
condition,
shall receive:
(i) benefits in kind, provided at the expense of the
competent institution by the institution of the place of
residence or temporary residence in accordance with the
provisions of the legislation applied by the latter
institution, as if these workers were affiliated to it, for a
period not exceeding any period which may be prescribed by the
legislation of the competent State;
(ii) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these workers were in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence or
temporary residence, cash benefits may be paid through the
latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of
the preceding paragraph may be refused only if the move might
prejudice the health or the course of medical treatment of the
worker;
(b) the authorisation referred to in sub-paragraph (c) of the
preceding paragraph shall not be refused when the requisite
treatment cannot be given in the territory of the Contracting
Party in which the worker resides.
Article 41
In the cases mentioned in Article 38, paragraph 1, and in
Article 40, paragraph 1, the competent authorities of two or more
Contracting Parties may agree to make the provision of prosthetic
appliances, major aids and other major benefits in kind
conditional upon authorisation by the competent institution.
Article 42
1. Where the legislation of the competent State provides for
the payment of the cost of transporting the injured worker to his
place of residence or to hospital, the cost of transport to the
corresponding place in the territory of another Contracting Party
where he is resident shall be borne by the competent institution,
in accordance with the provisions of the legislation which it
applies, provided that it has given prior authorisation for the
said transport, due account being taken of the reasons justifying
it.
2. Where the legislation of the competent State provides for
the payment of the cost of transporting the body of a deceased
worker to the place of burial, the cost of transport to the
corresponding place in the territory of another Contracting Party
where the deceased was resident shall be borne by the competent
institution, in accordance with the provisions of the legislation
which it applies.
3. The application of the provisions of the preceding
paragraphs of this article as between two or more Contracting
Parties shall be subject to the conclusion of bilateral or
|
