CELEX: 31986Y0127
Language: en
Date: 1985-10-17 00:00:00
Title: Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94 (4) and 95 (4) of Council Regulation (EEC) No 574/72 of 21 March 1972

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31986Y0127

Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94 (4) and 95 (4) of Council Regulation (EEC) No 574/72 of 21 March 1972  

Official Journal C 141 , 07/06/1986 P. 0004 - 0006

DECISION No 127 of 17 October 1985 concerning the compilation of the lists  provided for in Articles 94  (4) and 95  (4) of Council Regulation (EEC) No 574/72 of 21 March 1972  (86/C  141/05)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, under which it is given responsibility for dealing with all administrative questions  relating to the application of the said Regulation,Having regard to Article 36  (2) of the  aforementioned Regulation (EEC) No 1408/71,Having regard to Articles 17  (1) to (4), 29  (1) to  (3), 94  (4) and (5), 95  (4) and (5) and 102  (2) of Regulation (EEC) No 574/72,Having regard to  Decision No 90 of 24 May 1973 and Decision No 111 of 29 June 1979 concerning the compilation of the  lists provided for in Articles 94  (4) and 95  (4) of Council Regulation (EEC) No 574/72 of 21  March 1972,Whereas Decision No 90 of 24 May 1973, as amended by Decision No 111 of 29 June 1979,  should be amended to take account of changes made in the layout or use of certain forms by Decision  No 120 of 7 July 1982 on the model forms necessary for the application of the Regulations;Whereas,  by means of Regulations (EEC) No 1390/81 and (EEC) No 3795/81, Regulations (EEC) No 1408/71 and  (EEC) No 574/72 were extended to self-employed persons and members of their families,HAS DECIDED AS  FOLLOWS:Article 1The lists provided for in Articles 94 (4) and 95  (4) of  Regulation (EEC) No 574/72 shall be drawn up according to the following rules:I.  List provided for  in Article 94  (4):Families of employed or self-employed persons1.  For the purposes of applying  paragraphs 1 to 4 of Article 17 of Regulation (EEC) No 574/72 the following procedure shall be laid  down:At the request of the employed or self-employed person the competent institution, after  completing Part A of Form E 109, shall forward two copies to the person concerned, who shall pass  them on to the members of his family. The latter must submit the two copies to the sickness  insurance institution of the place of their residence when registering for the granting of benefits  in kind.If the members of the family do not submit the said certificate, the institution of the  place of residence shall contact the competent institution by means of Form E 107; in such a case,  the latter institution shall send the certificate in duplicate to the institution of the place of  residence.After completing Part B the institution of the place of residence of the members of the  family shall send a copy to the sickness insurance institution with which the employed or  self-employed person is insured.2.  The lump sums shall be calculated from the date on which  entitlement to benefits in kind is acquired under the legislation of the competent State, unless  the members of the family are still entitled to receive benefits in kind in the country of  residence under the Regulations. In the later case, the lump sums shall be calculated from the date  on which such entitlement ends. The institution of the place of residence shall take account of  this provision when it indicates the date from which the lump sums are calculated at item 9.10 of  Form E 109.3.  The competent institution shall inform the institution of the place of residence of  the withdrawal of entitlement to benefits in kind by sending two copies of Form E 108. The  institution of the place of residence shall return one of these copies to the competent  institution.4.  The institution of the place of residence shall keep the list up to date by taking  as a basis the particulars supplied by the competent institutions concerning acquisition of  entitlement (Form E 109) and concerning the suspension or withdrawal of entitlement to benefits  (Form E 108 or, as regards France, Form E 109) to be submitted annually.5.  Where the members of  the family of the employed or self-employed person transfer their place of residence to another  Member State paragraph 1 above shall again be applied.6.  For the purposes of calculating lump sum  payments, the period during which the persons concerned may claim benefits shall be counted in  months.The number of months shall be obtained by counting as a whole month the calendar month which  contains the day from which the calculation of the lump sums has been made.The calendar month  during which entitlement has ceased shall not be counted unless it is a complete month.If the  period is less then one month it shall be counted as a month.7.  Where the members of an employed  or self-employed person's family are living in several countries of residence other than the  country in which the person concerned is employed and if the right to benefit has been acquired in  each country of residence, a lump sum should be calculated for each country.8.  The lump sums shall  be calculated on the basis of the figures obtained from the documents referred to in paragraph 4  above.II.  List provided for in Article 95  (4):Pensioners and their families1.  The list shall be  drawn up by using Form E 121 intended for the application of Article 29 (1) to (3) of Regulation  (EEC) No 574/72 and Form E 108 relating to the suspension or withdrawal of entitlement to  benefits.2.  The date from which the calculation of the lump sums is made shall be:(a)  The date of  receipt of Form E 121 by the institution of the place of residence. This date shall be indicated at  item 8.12 of the form and shall constitute the date on which Form E 120 ceases to have effect;(b)   The date on which entitlement to benefits in kind is acquired under the legislation of the  competent country, where no Form E 120 has been issued; this date shall be indicated at Item 5.3 of  Form E 121;(c)  The date of the transfer of residence, where it is later than the date referred to  under (a) or (b) above and where no Form E 111 has been issued;(D)  The date following the end of  the period of entitlement as attested by Form E 111.If pensioners or members of their families are  still entitled to benefits under the legislation of their country of residence, the lump sum shall  be calculated from the date on which such entitlement ends.3.  The provisions relating to the  keeping of the list provided for in Article 94  (4) of Regulation (EEC) No 574/72, which are the  subject of paragraphs 3 to 8 of Part I above, shall apply by analogy. Article 2For the purposes  of applying Article 102  (2) of Regulation (EEC) No 574/72 the institutions of the place of  residence shall send every year to the institutions and bodies of their country designated in Annex  10 of Regulation (EEC) No 574/72 the individual statements of monthly lump-sum payments (Form E  127) drawn up on the basis of the lists provided for in Articles 94 and 95 of Regulation (EEC) No  574/72.The designated institutions and bodies of the country of residence shall send the  aforementioned statements to the designated institutions and bodies of the competent country.The E  127 forms shall indicate the number of monthly lump-sum payments due in respect of a single year  for each family of an employed or self-employed person or for each pensioner. Article 3This  Decision, which replaces Decision No 90 of 24 May 1973 and Decision No 111 of 29 June 1979, shall  enter into force on the first day of the month following its publication in the Official Journal of  the European Communities.The Chairmanof the Administrative CommissionG. SCHROEDER