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ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS

DECISION NO 93

OF 24 JANUARY 1974

CONCERNING THE GRANT OF PROSTHESES , MAJOR APPLIANCES AND OTHER SUBSTANTIAL BENEFITS IN KIND

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 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO MIGRANT WORKERS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY , UNDER WHICH IT IS MADE RESPONSIBLE FOR DEALING WITH ALL ADMINISTRATIVE QUESTIONS AND QUESTIONS OF INTERPRETATION ARISING FROM REGULATION ( EEC ) NO 1408/71 AND SUBSEQUENT REGULATIONS ;

HAVING REGARD TO ARTICLE 20 AND ARTICLE 24 ( 2 ) OF THE ABOVEMENTIONED REGULATION ( EEC ) NO 1408/71 ;

HAVING REGARD TO ARTICLE 17 ( 7 ) OF COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972 FIXING THE PROCEDURE FOR IMPLEMENTING REGULATION ( EEC ) NO 1408/71 ;

WHEREAS DECISION NO 45 PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO 14 OF 29 JANUARY 1964 HAS BEEN RENDERED INVALID BY THE ENTRY INTO FORCE OF REGULATION ( EEC ) NOS 1408/71 AND 574/72 ; WHEREAS , HOWEVER , TAKING INTO ACCOUNT THE PROVISIONS OF THE SAID REGULATIONS , THERE ARE GROUNDS FOR ADOPTING A NEW DECISION ;

ACTING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 80 ( 3 ) OF REGULATION ( EEC ) NO 1408/71 ,

HAS DECIDED AS FOLLOWS :

1 . THE PROSTHESES , MAJOR APPLIANCES AND OTHER SUBSTANTIAL BENEFITS IN KIND REFERRED TO IN ARTICLE 24 ( 2 ) OF REGULATION ( EEC ) NO 1408/71 SHALL BE THE FOLLOWING BENEFITS , IN SO FAR AS THEY ARE PROVIDED FOR UNDER THE LEGISLATION ADMINISTERED BY THE INSTITUTION OF THE PLACE OF STAY OR OF THE PLACE OF RESIDENCE :

( 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 ) OCCULAR 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 :

( I ) IN A CONVALESCENT HOME , A SANATORIUM OR AN OPEN-AIR SANATORIUM ;

( II ) IN A PREVENTORIUM IF THE LENGTH OF STAY 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 IS PRESENT 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 IF THE LENGTH OF STAY EXTENDS , CONTRARY TO THE ORIGINAL OPINION OF THE ABOVEMENTIONED PHYSICIAN OR CONSULTANT , BEYOND 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 .

2 . 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 ) 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 SUPPLIED AS BENEFITS MENTIONED IN PARAGRAPH 1 ( A ) TO ( G ) OF THE PRESENT DECISION IS ACCIDENTALLY BROKEN OR DAMAGED , IT SHALL BE SUFFICIENT FOR THE ESTABLISHMENT OF EXTREME URGENCY THAT THE REPLACEMENT OF THE APPLIANCE OR OTHER BENEFIT IN QUESTION IS NECESSARY .

3 . THE REQUEST FOR THE AUTHORITY NORMALLY REQUIRED FOR THE GRANT OF THE BENEFITS LISTED IN PARAGRAPH 1 ABOVE AND THE NOTIFICATION THAT THE SAID BENEFITS ARE GRANTED IN VIEW OF THE URGENT NATURE OR EXTREMELY URGENT NATURE OF THE CASE , MUST BE ACCOMPANIED BY A DETAILED STATEMENT GIVING THE REASONS FOR GRANTING THE SAID BENEFITS AND CONTAINING AN ESTIMATE OF THE COSTS THEREOF ( CF . MODEL FORM E 114 ESTABLISHED BY THE DECISION OF THE ADMINISTRATIVE COMMISSION OF 12 JULY 1973 AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO L 363 OF 30 DECEMBER 1973 ) .

4 . THE PROVISIONS OF PARAGRAPHS 1 TO 4 OF THE PRESENT DECISION SHALL APPLY TO THE CASES PROVIDED FOR IN ARTICLES 19 , 22 , 24 , 25 ( 1 ) AND ( 3 ) ( I ) , 31 ( A ) , 52 ( A ) AND 55 ( 1 ) OF REGULATION ( EEC ) NO 1408/71 AND IN ARTICLES 17 ( 7 ) , 20 ( 6 ) , 21 ( 2 ) , 22 ( 2 ) AND ( 3 ) , 23 , 26 ( 3 ) , 27 , 31 ( 2 ) AND ( 3 ) , 60 ( 6 ) , 62 ( 8 ) AND 63 ( 2 ) AND ( 3 ) OF REGULATION ( EEC ) NO 574/72 .

5 . THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY AS FROM 1 JANUARY 1974 .

THE CHAIRMAN OF THE ADMINISTRATIVE COMMISSION

K . JANTZ