23. 8. 74 Official  Journal  of the  European  Communities No C 99/3 
ADMINISTRATIVE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES  ON 
SOCIAL  SECURITY  FOR  MIGRANT  WORKERS 
DECISION  No  92 
of 22 November  1973 
concerning  the  meaning  of 'benefits  in kind'  provided  for  under  Articles  19 (1) 
and (2) and  28 (1) of Council  Regulation  (EEC)  No 1408/71  and  the  determination 
of the  amounts  to be refunded  under  Articles  93, 94 and  95 of Council  Regula-
tion  (EEC)  No  574/72  as well  as the  advances  to be paid  in pursuance  of Article 
102 (4) of the  same  Regulation 
THE  ADMINISTRATIVE  COMMISSION  OF  THE  EURO-
PEAN  COMMUNITIES  ON  SOCIAL  SECURITY  FOR 
MIGRANT  WORKERS, 
Having  regard  to Article  81 (a)  of Regulation  (EEC) 
No 1408/71  under  which  it is made  responsible  for 
dealing  with  all  administrative  questions  and  ques-
tions  of interpretation  arising  from  Regulation  (EEC) 
Nos 1408/71  and  574/72; 
Having  regard  to Article  36  (2)  of Regulation  (EEC) 
No 1408/71  ; 
Whereas  Decision  No  69 of 12 May  1970,  published 
in the  Official  Journal  of  the  European  Communi-
ties, No  C 90 of 16 July  1970,  and  Decision  No  70 of 
22 April  1971,  published  in the  Official  Journal  of 
the European  Communities,  No  C 76 of 27 July  1971, 
have  been  rendered  invalid  following  the  entry  into 
force  of Regulation  (EEC)  Nos  1408/71  and  574/72; 
Whereas,  taking  into  account  the  provisions  of the 
said Regulations,  there  are  grounds  for  adopting  a new 
decision  to : 
(a) determine  whether  certain  benefits  provided  for 
under  German  and  Luxembourg  legislation, 
although  paid  out  in cash,  should  be considered  as 
benefits  in kind  as mentioned  in Articles  19  (1) 
and (2)  and  28  (1)  of Regulation  (EEC)  No 
1408/71  ; 
(b) determine  the  amounts  to be refunded  under  Arti-
cles 93,  94 and  95 of Regulation  (EEC)  No  574/72 
and the  advances  to be  paid  in  pursuance  of 
Article  102  (4) of the  same  Regulation. 
Whereas  for  the  application  of Articles  19 (1) and  (2) 
and 28 (1) of Regulation  (EEC)  No  1408/71  there  are 
grounds  for  giving  an appreciably  similar  meaning  to 
the meaning  of 'benefits  in kind'  in all the  Member 
States  ; Acting  in accordance  with  the  provisions  of Article  80 
(3) of Regulation  (EEC)  No  1408/71, 
HAS  DECIDED  AS FOLLOWS  : 
1. The  payments  provided  for  by German  legisla-
tion in Article  188  (2)  and  (3)  of the  Reichsversiche-
rungsordnung  (German  Insurance  Code)  are  to be 
considered  as benefits  in kind  in the  sense  of Articles 
19 (1)  and  (2)  and  28  (1)  of Regulation  (EEC)  No 
1408/71. 
The same  shall  apply  to the  lump-sum  confinement 
allowances  paid  as lump  sums  and  the  nursing  allow-
ances  granted  under  Luxembourg  legislation. 
2. The  refunds  provided  for  in Articles  93,  94 and 
95 of Regulation  (EEC)  No  574/72  shall  be  deter-
mined  exclusive  of administrative  costs,  costs  of admi-
nistrative  and  medical  supervision  and  without  taking 
account  of any  amounts  contributed  individually  by 
the persons  concerned. 
3. The  benefits  in kind  to be considered  for  the 
determination  of refunds  shall  be the  benefits  consid-
ered  as benefits  in kind  under  the  national  legislation 
administered  by  the  institution  which  has  provided 
the benefits,  as well  as the  benefits  referred  to in point 
1 above. 
4. For  the  calculation  of  the  average  costs 
mentioned  in Articles  94 and  95 of Regulation  (EEC) 
No 574/72,  the  supplementary  benefits  specified  in 
the statutes  or rules  of procedure  of the  institutions 
shall  be included  in total  annual  expenditure  on bene-
fits in kind. 
5. Subsidies  to institutions  for  preventive  medicine 
shall  not  be included  in total  annual  expenditure  on 
benefits  in kind  if they  are  granted  for  a general 
No C 99/4 Official  Journal  of the  European  Communities 23. 8. 74 
campaign  for  health  protection  not  sponsored  by 
social  security  institutions. 
6. The  amounts  refunded  to other  Member  States 
in accordance  with  the  Regulations  or bilateral  or 
multilateral  agreements  shall  not  be taken  into  consid-
eration  for  the  calculation  of average  costs. 
7. The  calculation  of the  amounts  to be refunded 
shall  as far as possible  be based  on the  official  statis-
tics and  accounts  of the  place  of stay  or residence,  and 
preferably  on the  published  official  data.  The  sources 
of the  statistics  used  should  be indicated. 
8. The  amount  of the  advances  to be paid  under 
Article  102  (4) of Regulation  (EEC)  No  574/72  shall 
be calculated  by multiplying  the last  approved  average 
cost by the  last  known  number  of persons  concerned, 
as obtained  from  the  data  established  by the  institu-
tions  responsible  for  the  lists. 9. This  Decision  shall  be published  in the  Official 
Journal  of  the European  Communities.  It  shall  enter 
into force  for the  six  original  Member  States  from  1 
January  1973  and,  in accordance  with  the  Treaty  of 
Accession,  from  1 April  1973  in the  three  new 
Member  States. 
For the  period  from  1 October  1972  to 31 December 
1972  the  six original  Member  States  shall  proceed  in 
accordance  with  the  rules  laid  down  by the abovemen-
tioned  Decisions  No  69 and  No  70. 
The Chairman  of  the 
Administrative  Co  mm iss ion 
A. TRIER