2006/6/EC,Euratom: Council Decision of  12 December 2005  adopting the rules laying down the procedure for granting financial aid to supplement the pension of a surviving spouse who has a serious or protracted illness or who is disabled
Date: 2005-12-12
Institutions: Council of the European Union
Subjects: European official, disabled person, financial aid, illness, regulations for civil servants, survivor's benefit

10.1.2006

EN

Official Journal of the European Union

L 5/15

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 12 December 2005

adopting the rules laying down the procedure for granting financial aid to supplement the pension
of a surviving spouse who has a serious or protracted illness or who is disabled

(2006/6/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Managing the appropriations assigned to the implementation of
Article 76a shall be the responsibility of the Commission.

the
Having regard to the Staff Regulations of officials of
European Communities
down in Regulation (EEC,
laid
Euratom, ECSC) No 259/68 (1), and in particular Article 76a
thereof,

Having regard to the opinion of
Committee,

the Staff Regulations

Whereas the institutions of the European Communities must lay
down by common accord the conditions for granting financial
aid to supplement the pension of a surviving spouse who has a
serious or protracted illness or who is disabled,

Article 3

The surviving spouse concerned or his or her legal represen-
tative (hereinafter referred to as the applicant) shall submit an
application to the Social Welfare Department of the institution
responsible for establishing the pension rights of the surviving
spouse concerned. The application shall be accompanied by a
detailed medical report, with supporting documents as appro-
priate, by the doctor treating the surviving spouse; the report
shall identify the serious or protracted illness or the disability
and propose the measures required to alleviate the effects of the
disability or the serious or protracted illness.

HAS ADOPTED THESE RULES:

Article 4

Article 1

As part of the social measures provided for under the Staff
Regulations, a surviving spouse who has a serious or protracted
illness or who is disabled may receive financial aid increasing
the pension from the institution for the duration of the serious
or protracted illness or disability on the basis of an examination
of
the person
the
concerned.

circumstances of

and medical

social

Article 2

The decision to grant aid under Article 76a of the Staff Regu-
lations shall be taken by the appointing authority of
the
Commission.

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1).

The decision of the appointing authority of the Commission
shall be taken on the basis of a medical opinion and an
opinion on the social circumstances of the person concerned,
taking account of the objectives specified in Article 1.

Article 5

Taking account of the doctor’s opinion, the medical officer of
the institution responsible within the meaning of Article 3 shall
issue a decision on the possibility of recognising the illness or
disability, and on the seriousness and presumed duration
thereof. He or she shall also issue a decision on the measures
to alleviate the effects of the illness or disability. Where the
medical officer of
institution issues an unfavourable
opinion,
the case shall be submitted for an opinion to a
committee composed of the medical officer of the institution,
the doctor treating the applicant and a third doctor appointed
by those two doctors by mutual agreement.

the

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Official Journal of the European Union

10.1.2006

Article 6

Article 10

the medical opinion and shall

The opinion on the applicant’s social circumstances shall be
presented by a social assistant from the institution responsible
within the meaning of Article 3. This social opinion shall take
incorporate an
account of
analysis of the social circumstances and of the genuine needs
connected with the illness or disability, including the applicant’s
financial circumstances, income and expenses. On the basis of
the medical opinion and his or her analysis, the social assistant
shall, in accordance with Article 10, propose the amount to be
granted as financial aid, the duration of this grant and the need
for re-examination of the social and medical circumstances of
the person concerned. If the applicant and the social assistant
cannot reach agreement on the socioeconomic analysis, the case
shall be submitted for an opinion to a joint committee set up
on the initiative of the Commission.

Article 7

the Commission shall

take a
The appointing authority of
decision within two months of
application being
submitted, on the basis of the opinions issued under Articles
5 and 6. If financial aid is granted, it shall take effect from the
first day of the month following that in which the application is
submitted and shall be granted for a maximum period of
12 months.

the

Article 8

In the event that the period of the financial grant has elapsed,
according to the decision of the appointing authority, but there
is still a disability or a serious or protracted illness, extension
shall be possible. The appointing authority shall decide on the
extension of the grant of the financial aid on the basis of a new
medical opinion, as appropriate, and of an opinion on the social
circumstances of
the person concerned in accordance with
the
Articles 5 and 6.
financial aid shall be extended, the aid shall take effect from
the first day of the month following the last month during
which the previous decision applied.

is decided that

the grant of

If

it

Where the surviving spouse is recognised as suffering from a
serious or protracted illness or a disability, and on the basis of
Articles 4, 5, 6 and 7, he or she may receive financial aid
calculated as follows:

— the amount corresponding to the expenses connected with
the serious or protracted illness or the disability which are
reimbursed from other sources plus the minimum
not
subsistence figure less the income within the meaning of
Article 9. The amount of
the aid shall not exceed the
total amount of these expenses.

Article 11

The institution shall pay financial aid on a monthly basis where
the duration of the serious or protracted illness or the disability,
according to medical opinion, exceeds one month, and as a
one-off payment where it does not.

Article 12

inform without delay the Social Welfare
The applicant shall
Department of the institution responsible within the meaning
of Article 3 of any change in his or her situation.

Article 13

The Commission shall present a detailed report on the appli-
cation of these rules, including the average financial aid per year
and the total financial impact, three years after their entry into
force and every three years subsequently.

Article 14

These rules shall enter into force on the first day of the month
following that in which the common accord between the insti-
tutions provided for in Article 76a of the Staff Regulations is
recorded by the President of
the
European Communities.

the Court of

Justice of

Article 9

The applicant shall indicate his or her financial circumstances
(namely assets, real estates and stocks) and shall make a sworn
statement, based on the most recent tax return, of his or her
income (the pension paid by the institution, any other pension
received from another
relating to the
disability or serious or protracted illness and income from
any other source).

source, allowances

They shall apply from 1 May 2004.

Done at Brussels, 12 December 2005.

For the Council
The President

J. STRAW