Decision No 135

of 1 July 1987

concerning the granting of benefits in kind provided for in Article 17 (7) and Article 60 (6) of Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Articles 17 (7) and 60 (6) of Regulation (EEC) No 574/72

(88/C 281/07)

So as not to create confusion by a series of corrections, the Administrative Commission decided, during its meeting of 1 July 1988, to republish the present Decision. This cancels and replaces the publications in Official Journal of the European Communities No C 64 of 9 March 1988 and Official Journal of the European Communities No C 118 of 5 May 1988.

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES 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 or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Article 20 of Regulation (EEC) No 1408/71,

Having regard to Article 17 (7) and Article 60 (6) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71, as last amended by Council Regulation (EEC) No 3811/86 of 11 December 1986,

Whereas Decision No 116, published in the Official Journal of the European Communities No C 193 of 20 July 1983, must be supplemented as from 1 January 1986 following the accession of Spain and Portugal;

Whereas the benefits referred to in Article 17 (7) and in Article 60 (6) of Regulation (EEC) No 574/72 should be specified;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS:

1. The benefits referred to in the first sentence of Article 17 (7) and in Article 60 (6) of Regulation (EEC) No 574/72 are those provided for by the legislation o£ the place of residence or of stay, the granting of which is subject to the prior authorization of the institution implementing this legislation.

2. For the application of the first sentence of Article 17 (7) and of the first sentence of Article 60 (6) of Regulation (EEC) No 574/72, the institution of the place of residence or of stay which gives prior authorization for the granting of a benefit in kind should inform the competent institution of its decision (using the E 114 form) if:

2.1 the benefit is mentioned in the list below:

(a) surgical appliances, orthopaedic appliances and supporting apparatus including orthopaedic corsets of reinforced material, and any additional parts, accessories and aids;

(b) orthopaedic footwear and remedial footwear (non-orthopaedic);

(c) maxillary and facial prostheses, wigs;

(d) ocular prostheses, contact lenses, magnifying and telescopic spectacles;

(e) hearing aids;

(f) dental prostheses (fixed and removable) and obturators for use in the buccal cavity;

(g) invalid vehicles (manually operated or motorized), wheelchairs and other mechanical means permitting the disabled to move about, guide dogs for the blind;

(h) renewal of the items supplied as benefits mentioned in the preceding paragraphs;

(i) spa treatment;

(j) accommodation and medical treatment:

- in a convalescent home, a sanatorium, an institute or home for handicapped persons (the blind, deaf mutes, mentally handicapped, etc.) or an open-air sanatorium,

- where the length of stay in a preventorium seems likely to exceed 20 days in the opinion of the attending physician or, if the legislation of the country in which the person concerned happens to be so requires in such cases, in the opinion of the medical consultant of the institution of the place of stay or of the place of residence, or where, contrary to the original opinion of the abovementioned physician or consultant, the length of stay exceeds 20 days;

(k) functional or occupational rehabilitation;

(l) any subsidy granted to cover part of the costs of the benefits listed in paragraphs (a) to (k) above,

and

2.2 the expected or actual cost of that benefit exceeds the following flat rate amount:

(a) Bfrs 20000 for the institution of the place of residence in Belgium;

(b) Dkr 3600 for the institution of the place of residence in Denmark;

(c) DM 1000 for the institution of the place of residence in Germany;

(d) DR 50000 for the institution of the place of residence in Greece;

(e) Pta 50000 for the institution of the place of residence in Spain;

(f) FF 2900 for the institution of the place of residence in France;

(g) Irl £ 300 for the institution of the place of residence in Ireland;

(h) Lit 590000 for the institution of the place of residence in Italy;

(i) Lfrs 20000 for the institution of the place of residence in Luxembourg;

(j) Fl 1100 for the institution of the place of residence in the Netherlands;

(k) Esc 60000 for the institution of the place of residence in Portugal;

(l) £ 350 for the institution of the place of residence in the United Kingdom.

3. It shall not be necessary to inform the competent institution as laid down in paragraph 2 in the following cases:

(a) the application of Article 22 (1) (c) and 55 (1) (c) of Regulation (EEC) No 1408/71;

(b) reimbursement on the basis of lump sums;

(c) the waiving of reimbursement of expenditure;

(d) where the competent institution is in the United Kingdom.

4. The urgent cases referred to in Article 20 of Regulation (EEC) No 1408/71 and the cases of extreme urgency referred to in Article 17 (7) and Article 60 (6) of Regulation (EEC) No 574/72 shall be those in which the provision of one of the benefits mentioned in paragraph 1 of the present Decision cannot be postponed without endangering the life or health of the person concerned. If one of the items mentioned in paragraph 1 (a) to (g) of paragraph 2.1 of the present Decision is accidentally broken or damaged, extreme urgency shall mean that the replacement of the appliance or other benefit in question is necessary.

5. The provisions of paragraphs 1 to 4 of the present Decision shall apply: to the cases provided for in Articles 19, 22, 25 (1) and 3 31 (a), 52 (a) and 55 (1) of Regulation (EEC) No 1408/71 and in Articles 17 (7), 20 (5), 21 (2), 22 (2) and (3), 23, 26 (3), 27, 31 (2) and (3), 60 (6), 62 (7) and 63 (2) and (3) of Regulation (EEC) No 574/72.

6. This Decision, which replaces Decision No 116 of 15 December 1982, shall be published in the Official Journal of the European Communities. It shall apply from the 20th day after its publication.

The Chairman of the Administrative Commission

A. Trier

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