1993Y0825 — EN — 01.05.2004 — 001.001 — 1
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►B DECISION No 150
of 26 June 1992
concerning the application of Articles 77, 78 and 79 (3) of Regulation (EEC) No 1408/71 and of
Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72
(93/C 229/06)
(OJ C 229, 25.8.1993, p. 5)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
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DECISION No 150
of 26 June 1992
concerning the application of Articles 77, 78 and 79 (3) of Regula-
tion (EEC) No 1408/71 and of Article 10 (1) (b) (ii) of Regulation
(EEC) No 574/72
(93/C 229/06)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/
71 of 14 June 1971, under which it is made responsible for dealing
with all administrative questions and matters of interpretation arisingfrom the provisions of Regulations (EEC) No 1408/71 and subsequentregulations.
Whereas Decision No 129 of 17 October 1985 should be amended
taking account of the Judgment of 11 June 1991 delivered by the Court
of Justice of the European Communities, hereinafter referred to as ‘theCourt of Justice’, in Case C-251/89;
Whereas in this Judgment the Court ruled as follows:
‘Where in the cases referred to in Articles 77 (2) (b) (i) and 78 (2)
(b) (i) of Council Regulation (EEC) No 1408/71 of 14 June 1971 onthe application of social security schemes to employed persons, toself-employed persons and to members of their families movingwithin the Community, in the version as codified by Council Regula-tion (EEC) No 2001/83 of 2 June 1983, the amount of benefits paid
by the Member State of residence is less than the amount of benefits
due from another Member State, the pensioner or the orphan of adeceased employed or self-employed person is entitled to receivefrom the competent institution in the latter Member State a benefitsupplement equal to the difference between those two amounts,even where under the legislation of that State the grant of the bene-
fits is subject to the condition that both the claimant and the
qualifying child must reside in the national territory.
Entitlement to the supplement to benefits for pensioners' dependent
children arises even where the pensioner becomes entitled to apension under the legislation of the Member State granting morefavourable benefits after he has transferred his residence to anotherMember State from which benefits are due under Article 77 (2) ofRegulation (EEC) No 1408/71.
The supplement to benefits for pensioners' dependent children must
be granted having regard to all the pensioner's dependent children,including those born after the pensioner transferred his residence to
the Member State granting less favourable pensions.
It is the duty of the Administrative Commission on Social Security
for Migrant Workers to draw up, pursuant to Article 81 (a) of Regu-
lation (EEC) No 1408/71, a list of institutions in the Member States
which are responsible for providing the official information referredto in Decision No 129 of 17 October 1985 concerning the applicationof Articles 77, 78 and 79 (3) of Regulation (EEC) No 1408/71 and ofArticle 10 (1) (b) (ii) of Regulation (EEC) No 574/72. Nevertheless,
the competent institution of the Member State from which a benefit
supplement is claimed may still apply to the Administrative Commis-sion and to the authorities of the Member State in which the claimantresides in order to ascertain the name of the institution in the latterMember State which is competent to provide the official informationreferred to in Decision No 129.’
Whereas the overlapping of benefits may arise from a contingency
providing entitlement to benefits under the legislation of a MemberState in accordance with the provisions of Articles 77 and 78 of Regu-lation (EEC) No 1408/71 and to benefits under the legislation ofanother Member State, supplemented by Community law;1993Y0825 — EN — 01.05.2004 — 001.001 — 2
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Whereas, furthermore, the overlapping of benefits due pursuant to
Article 77 or 78 of Regulation (EEC) No 1408/71 with family allow-ances or family benefits due under other legislation is governed, on
the one hand, by Article 79 (3) of the aforementioned Regulation
where entitlement to family benefits or family allowances accruesfrom the pursuit of a professional or trade activity and, on the otherhand, by Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72 whereentitlement to family benefits or family allowances is not dependent on
conditions relating to insurance, employment or self-employment;
whereas the rules laid down by these provisions are substantially thesame;
Whereas, consequently, for the purposes of applying the aforemen-
tioned Article 10 (1) (b) (ii), there is reason to take account of theinterpretation given by the Court of Justice to the aforementioned
Article 79 (3) in its Judgment 100/78;
Whereas, following the Judgment of the Court of Justice in Case C-
251/89, the provisions of Decision No 129 should be amended byspecifying that a benefit supplement for dependent children ofpensioners is due even if the person concerned acquires the right to a
pension, under the legislation of the Member State granting the more
favourable benefits, after having transferred his residence to anotherMember State which is competent under the terms of Article 77 (2) ofRegulation No 1408/71; whereas it is also essential to specify that asupplement to orphans' benefits as referred to in Article 78 of Regula-tion No 1408/71 is due even if the orphan has not resided in the
Member State granting the more favourable benefits; whereas it is
also necessary to specify that the benefit supplement is determined bytaking into account all the children or orphans born before or after thetransfer of residence, the pursuit of a professional or trade activity orthe acquisition of a new right to benefits in accordance with the legis-
lation of the second Member State;
Whereas, following the Judgment of the Court of Justice in Case C-
251/89, it is important to specify that if the pensioner or the orphandoes not satisfy or no longer satisfy the qualifying conditions forbenefit under the legislation of the Member State competent in accor-dance with the provisions of Articles 77 and 78 but does satisfy the
conditions laid down by the legislation of another Member State
supplemented by Community law, the latter State shall be bound topay the full amount of the benefits;
Whereas an Annex should be appended to Decision No 129, listing the
institutions responsible for providing the information necessary for
calculating this supplement,
Acting in accordance with Article 80 (3) of Regulation (EEC) No 1408/
71,
HAS DECIDED AS FOLLOWS:
1. Where the amount of the benefits referred to in Article 77 (1) of
Regulation (EEC) No 1408/71 due under the legislation of a
Member State, irrespective of the place of residence of the chil-dren, of the beneficiary to a pension or of orphans on the territoryof the Community, is higher than the amount of benefits due underthe legislation of the Member State competent in accordance withArticle 77 (2) of that Regulation, the benefits provided for by the
legislation of the first State shall be paid to the pensioner in accor-
dance with the provisions of paragraph 4 of this Decision to theextent that the amount of these benefits exceeds the amount actu-ally received under the legislation of the second Member State.This provision shall be applicable even if the person concerned
acquires a right to the grant of a pension under the legislation of
the Member State granting the more favourable benefits, afterhaving transferred his residence to the Member State competent inaccordance with Article 77 (2) of the said Regulation.
2. Where the amount of the benefits referred to in Article 78 (1) of
Regulation (EEC) No 1408/71 due under the legislation of a1993Y0825 — EN — 01.05.2004 — 001.001 — 3
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Member State, irrespective of the place of residence of the orphan
on the territory of the Community, exceds the amount of benefitsdue under the legislation of the Member State competent in accor-
dance with the provisions of Article 78 (2) of the said Regulation,
the benefits provided for by the legislation of the first MemberState shall be paid to the orphan in accordance with the provisionsof paragraph 4 of this Decision to the extent that the amount ofthese benefits exceeds the amount actually received under the
legislation of the second State. This provision shall be applicable
even if the orphan has not resided in the first Member State.
3. Article 79 (3) of Regulation (EEC) No 1408/71 and Article 10 (1)
(b) (ii) of Regulation (EEC) No 574/72 shall be applied in accor-dance with the provisions of paragraph 4 of this Decision in such away that the right to benefits due under the legislation of aMember State pursuant to Article 77 (2) is suspended only up tothe amount of family benefits or family allowances actually
received under the legislation of another Member State by virtue
of the pursuit of a professional or trade activity.
4. In the cases referred to in paragraphs 1, 2 and 3 the competent
institution of the first Member State shall award a supplement tothe benefits granted under the legislation of the second MemberState, equal to the difference between the amount of the benefitsactually received under the legislation of the second Member Stateand the amount of the benefits due under the legislation of the first
Member State, irrespective of the place of residence on the terri-
tory of the Community.
This supplement shall be determined taking account of all the chil-
dren or orphans born before or after the transfer of residence, thepursuit of the professional or trade activity or the acquisition of anew right to benefits in accordance with the legislation of a secondMember State.
This supplement shall be granted as long as the conditions required
for entitlement to benefit under the legislation of the first MemberState are satisfied. Where the qualifying conditions for benefit
under the legislation of the second Member State are not or are
no longer satisfied, the first Member State shall pay, instead ofthe supplement, the full amount of the benefits due under its legis-lation, irrespective of the place of residence on the territory of theCommunity.
5. The amount of the supplement shall be determined for the first
time not later than on the expiry of a period of 12 months afterthe right to benefits has been acquired in the second Member State.
Thereafter, the supplement shall be determined at least every 12
months. Where the legislation of a Member State makes the grantof benefits conditional upon the submission of a claim, such claimshould also be submitted for the grant of the supplement.
6. The competent institution or institutions of the second Member
State shall inform the competent institution or institutions of theother Member State immediately of the date on which the right is
acquired under the legislation which these institutions administer
and also of the nature and amount of the benefits.
Upon expiry of the period referred to in paragraph 5, the institution
or institutions of the second Member State shall inform the institu-
tion or institutions of the other Member State of the exact amountof the benefits which were paid by them in the expired period.
7. Once the amount of the supplement has been determined, the
supplement shall be granted in accordance with the legislation ofthe first Member State and in accordance with the provisions ofRegulations (EEC) No 1408/71 and (EEC) No 574/72 relating to
the benefits in question.
8. Upon expiry of the period referred to in paragraph 5, the institution
or institutions of the first Member State shall inform the benefi-1993Y0825 — EN — 01.05.2004 — 001.001 — 4
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ciary of the decision to award or refuse a supplement and shall
indicate:
(a) the amount of benefits due under the legislation of this
Member State;
(b) the amount of the benefits actually paid under the legislation of
the other Member State;
(c) the amount of any supplement.
9. The institution of the States responsible for providing the informa-
tion necessary for calculating the supplement referred to inparagraph 4 of this Decision are listed in the Annex to this Deci-sion.
10. The rate of conversion to be applied in order to compare the
amounts of the benefits for the purposes of paragraph 8 shall bethe rate applicable in accordance with Article 107 (1) to (3) of
Regulation (EEC) No 574/72.
For the purposes of this Decision, the institutions shall use the
forms used for the purposes of Chapters 7 and 8 of Regulation(EEC) No 1408/71, to which, where appropriate, any further infor-mation deemed necessary by any of the institutions concerned shallbe added.
11. This Decision, which replaces Decision No 129 of 17 October
1985, shall be published in the Official Journal of the European
Communities . It shall enter into force on the first day of the month
following its publication in the Official Journal of the European
Communities .
The Chairman of the Administrative Commission
Sebastião NOBREGA PINTO PIZARRO1993Y0825 — EN — 01.05.2004 — 001.001 — 5
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ANNEX
(Paragraph 9 of the Decision)
A. BELGIUM
Employed persons:Caisse de compensation pour allocations familiales pour travailleurs
salariés/Compensatiekas der gezinsvergoedingen voor werknemers (Family,
Allowances Compensation Fund for Employed Persons), Bruxelles/Brussel
with which the employer is insured
Self-employed persons:Institut national d'assurances sociales pour travailleurs indépendants/Rijksin-
stituut voor de sociale verzekeringen der zelfstandigen (National Insurance
Institute for Self-employed Persons), Bruxelles/Brussel
B. CZECH REPUBLIC
1. Where family benefits/child allowances are involved — designated muni-
cipal authorities.
2. Where orphans' pensions are involved — Česká správa sociálního Rijksinsti-
(Czech Social Security Administration), Praha.
C. DENMARK
Socialministeriet (Ministry of Social Affairs), Slotsholmsgade 6, København
D. GERMANY
Bundesanstalt für Arbeit (Federal Labour Office), Nürnberg;
The competent local employment offices
E. ESTONIA
Sotsiaalkindlustusamet (Social Insurance Board), Tallinn.
F. GREECE
1. Exclusively for family allowances and family benefits: Οργανισµός
Απασχολήσεως Εργατικού ∆υναµικού ( OAED),Αθήνα, ( Labour
Employment office, Athens).
2. In the case of an institution which under its own rules grants pension
supplements for children or orphans, it is this institution that provides
all the necessary information.
3. Where pension supplements for children or orphans are granted by
several institutions, all information relating to the implementation of
Decision No 150 is provided by IKA — ΙδρυµαΚοινωνικώνΑσφαλί-
σεων,Αθήνα( Social Insurance Institute, Athens).
4. For family allowances and pension supplements for children and orphans,
the Greek institution responsible for providing the relevant information is
always the IKA.
G. SPAIN
1. All schemes, with the exception of the mariners' schemes:
Direcciones Provinciales del Instituto Nacional de la Seguridad Social
(Provincial directorates of the National Institute of Social Security)
2. Mariners' schemes:
Direccions Provinciales del Instituto Social de la Marina (Provincial
directorates of the Social Institute for Mariners)1993Y0825 — EN — 01.05.2004 — 001.001 — 6
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H. FRANCE
Centre de sécurité sociale des travailleurs migrants (Centre for Social
Security for Migrant Workers), 11, rue de la Tour des Dames, Paris
I. IRELAND
1. For the purposes of Articles 77, 78 and 79 (3) of Regulation (EEC)
No 1408/71:
Department of Social Welfare, Social Welfare Services Office, Pensions
Branch, College Road, Sligo
2. For the purposes of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/
72:
Department of Social Welfare, Social Welfare Services Office, Child
Benefit Branch, Oliver Plunkett Street, Letterkenny, Co. Donegal
J. ITALY
Local offices (provincial and zonal) of the Istituto nazionale della previ-
denza sociale, Ufficio liquidazione pensioni (INPS) (National Social
Welfare Institution, Office for the payment of pensions)
K. CYPRUS
Τµήµα Κοινωνικών Ασφαλίσεων, Υπουργείο Εργασίας και Κοινω-
νικών Ασφαλίσεων ( Department of Social Insurance, Ministry of Labour
and Social Insurance), Λευκωσία.
L. LATVIA
Valsts soci ālās apdrošin āšanas a ģentūra (State Social Insurance Agency),
Rīga.
M. LITHUANIA
Valstybinio socialinio draudimo fondo valdyba (State Social Insurance Fund
Board), Vilnius.
N. LUXEMBOURG
1. For family allowances:
Caisse nationale des prestations familiales (National Family Benefit
Fund), Luxembourg
2. For orphans' pensions:
For manual workers Établissement d'assurance contre la
vieillesse et l'invalidité (Old-Age
and invalidity Insurance Institu-
tion), Luxembourg
For clerical workers and self-
employed members of the profes-
sions:Caisse de pension des employés
privés (Pension Fund for clerical
staff in the private sector), Luxem-
bourg
For self-employed persons engaged
in a craft industry, in trading or in
manufactureCaisse de pension des artisans, des
commerçants et industriels (Pension
Fund for craftsmen, tradesmen and
manufacturers), Luxembourg
For self-employed persons engaged
in agricultureCaisse de pension agricole (Agri-
cultural Pension Fund), Luxem-
bourg1993Y0825 — EN — 01.05.2004 — 001.001 — 7
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O. HUNGARY
1. Országos Nyugdíjbiztosítási F őigazgatóság (Central Administration of
National Pension Insurance), Budapest.
2. Államháztartási Hivatal (Public Finances Office), Budapest.
P. MALTA
Dipartiment tas-Sigurta'So ċjali (Department of Social Security), Valletta.
Q. NETHERLANDS
Sociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH
Amstelveen
R. AUSTRIA
S. POLAND
Ministerstwo Gospodarki, Pracy i Polityki Społecznej (Ministry of the
Economy, Labour and Social Policy), Warszawa.
T. PORTUGAL
1. For family benefits
— mainland:
Centro Regional de Segurança Social (Regional Centre of Social
Security) with which the person concerned was last registered
— Autonomous Region of Madeira:
Direcção Regional de Segurança Social (Regional Directorate of
Social Security), Funchal
— Autonomous Region of the Azores:
Direcção Regional de Segurança Social (Regional Directorate of
Social Security), Angra do Heroísmo
2. For orphans' pensions
— mainland:
Centro Nacional de Pensões (National Pensions Centre), Lisboa
— Autonomous Region of Madeira:
Direcção Regional de Segurança Social (Regional Directorate of
Social Security), Funchal
— Autonomous Region of the Azores:
Direcção Regional de Segurança Social (Regional Directorate of
Social Security), Angra do Heroismo
U. SLOVENIA
Ministrstvo za delo, družino in socialne zadeve (Ministry of Labour, Family
and Social Affairs), Ljubljana.
V. SLOVAKIA
1. If only family benefits are concerned: Ministerstvo práce, sociálnych vecí
a rodiny (Ministry of Labour, Social Affairs and Family), Bratislava.
2. In all other cases: Sociálna pois ťovňa (Social Insurance Agency), Brati-
slava.
W. FINLAND
X. SWEDEN
Y. UNITED KINGDOM1993Y0825 — EN — 01.05.2004 — 001.001 — 8
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1. For the purposes of Articles 77, 78 and 79 of Regulation (EEC) No 1408/
71:
Great Britain
Department of Social Security, Benefits Agency, Overseas Benefits
Directorate, Newcastle-upon-Tyne, NE98 1YX
Northern Ireland (other than increases to Northern Ireland old-age or
survivors' benefits payable to persons resident outside Northern Ireland,
for which refer to the Newcastle-upon-Tyne address above)
Department of Health and Social Services, Northern Ireland Social
Security Agency, Overseas Branch, Belfast BT1 1DX
2. For the purposes of Article 10 of Regulation (EEC) No 574/72:
Great Britain
Department of Social Security, Benefits Agency, Child Benefit Centre,
Newcastle-upon-Tyne, NE88 1AA
Northern IrelandDepartment of Health and Social Services, Northern Ireland Social
Security Agency, Child Benefit Office, Belfast, BT1 1SA1993Y0825 — EN — 01.05.2004 — 001.001 — 9