Briefwisseling tussen de Nederlandse en de Britse bevoegde autoriteiten ter uitvoering van artikel 36, derde lid, van Verordening nr. 1408/71 van de Raad van de Europese Gemeenschappen inzake de toepassing van de sociale zekerheidsregelingen op werknemers en zelfstandigen, alsmede op hun gezinsleden, die zich binnen de Gemeenschap verplaatsen
(authentiek: en)
Department of Health & Social Security
Alexander Fleming House
Elephant and Castle
London SE1
25 april 1986
Sir,
I refer to Article 36 of Regulation 1408/71 of 14 June 1971 of the Council of the European Communities (The Regulation), which Article concerns reimbursement of the cost of benefits in kind provided by the institution of one Member State on behalf of the institution of another Member State under the provisions of Chapter 1 of Title HI of the Regulation.
It is my understanding that, as a result of discussions between the competent authorities of the United Kingdom of Great Britain and Northern Ireland and of the Kingdom of the Netherlands, reimbursement between the competent institutions of these Member States will be effected on the following basis:
1. Reimbursement of the costs of benefits in kind provided under Chapter 1 of Title III of the Regulation will be effected in accordance with the provisions of Articles 93, 94 or 95, as appropriate, of Regulation 574/72 of 21 March 1972 of the Council of the European Communities except as provided otherwise in Paragraphs 2 to 7 below.
2a.
a. Reimbursement of the costs of benefits in kind under Article 19(1) of the Regulation, and under Article 19(2) where the members of the family reside in the same Member State as the employed or self-employed person, will be on the basis of a lump sum determined by multiplying the average annual cost per person by the average annual number of persons to be taken into account. The average annual cost per person will be that calculated for the purposes of Article 94 of Regulation 574/72.
b. In the case of seamen the average annual cost per person mentioned in paragraph a. will be reduced by 60% for the seaman himself.
c. For the application of paragraph a. in the case of seamen:
i. the average annual number of United Kingdom seamen residing in the Netherlands to be taken into account shall be the determined by the following formula -
Average No. of UK employed persons residing the Netherlands x Average No. of Dutch seamen residing in the UK
Average No. of Dutch employed persons residing in the UK
ii. the average annual number of Dutch seamen residing in the United Kingdom to be taken into account shall be the relevant number of forms E106 issued in respect of those seamen.
3. Reimbursement by the competent institutions of the United Kingdom of the costs of benefits in kind under Article 19(2) of the Regulation where unlike the employed or the self-employed person members of the family reside in the Netherlands will be on the basis of a lump sum determined by multiplying the average annual cost per person by the average annual number of persons to be taken into account, and reducing the resultant amount by the percentage referred to in Article 94 of Regulation 574/72. The average annual cost per person will be that calculated for the purposes of Article 94 of Regulation 574/72.
4. Reimbursement by the competent institutions of the United Kingdom of the costs of benefits in kind provided under Article 28 of the Regulation to pensioners and members of their families who reside in the Netherlands will be on the basis of a lump sum determined by adding together the average annual cost per person under the age of 65 multiplied by the average annual number of such persons to be taken into account, and the average annual cost per person aged 65 and over multiplied by the average annual number of such persons to be taken into account, and reducing the resultant amount by the percentage referred to in Article 95 of Regulation 574/72. The average annual costs per person will be those calculated for the purposes of Article 95 of Regulation 574/72.
5. The Liaison Bodies will agree annually the numbers of persons to be taken into account for the purposes of implementing Paragraphs 2-4 above and of determining the amounts to be credited to the United Kingdom under Articles 94 and 95 of Regulation 574/72.
6. Reimbursement of the costs of benefits in kind under
Article 22(l)(a)(i)
Article 22(3) as applied to Article 22(l)(a)(i)
Article 31 (a)
of the Regulation wil be effected as follows:
a. For the Netherlands, the amounts owed will be those shown in the accounts of the institution that has provided the benefits concerned.
b. For the United Kingdom, the amounts owed will be calculated by multiplying the amount claimed by the Netherlands, referred to in a. above, by a correcting factor (c) calculated as follows:
For the purposes of this formula:
i. "Z" represents the percentage of the Dutch population which is insured under the law on sickness insurance funds (Ziekenfondswet). The Dutch liaison body will communicate this percentage to the British liaison body annually.
ii. The statistics used as the basis for calculating the numbers of visitors will be those published in the United Kingdom Department of Trade and Industry's "Business Monitor - Overseas Travel and Tourism".
iii. The average costs to be taken into account will be those costs per person calculated for the purposes of Article 94 of Regulation 574/72.
The correcting factor (c) will be revised annually on the basis of figures to be agreed by the Liaison Bodies.
7. Reimbursement of the costs of benefits in kind provided under
Article 22(l)(b)(i),
Article 22(3) as applied to Article 22(l)(b)(i),
Article 25(l)(a),
Article 25(3)0,
Article 26 and
Article 29(1 )(a) of the Regulation
will be mutually waived.
8. For each year, the competent institution of the Member State whose claim resulting from the application of Paragraphs 1 to 6 above is the smaller will pay to the competent institution of the other Member State an amount equal to the difference between the two claims. The difference will be expressed in the currency of the country to which it is owed. The exchange rate to be used for converting the claim of the debtor state into the currency of the creditor state will be the average of the exchange rates for the four reference periods of that year published by the Commission for the purpose of implementing Article 107 of Regulation 574/72.
9. The Liaison Bodies may agree upon the payment of advances and other measures for the implementation of this agreement.
10. This understanding will remain in operation from 1 January 1986 for a period of three years. Thereafter it will remain effective from year to year unless terminated in writing by the competent authorities of either Member State six months before the end of any such year.
If the foregoing is acceptable to the competent authorities of the Netherlands, I have the honour to suggest that this letter together with your reply to that effect will place on record the understanding of the competent authorities in this matter.
I have the honour to be your obedient servant.
(s.) J. LUPTON
For the Competent Authorities of the United Kingdom of Great Britain and Northern Ireland
To the Competent Authorities of the Kingdom of the Netherlands
Ministerie van Welzijn, Volksgezondheid en Cultuur
Leidschendam, 26 mei 1986
Arrangement on the basis of article 36,
paragraph 3 of Regulation (EEC) No 1408/71
Sir,
I have the honour to acknowledge receipt of your letter of 25 April 1986 which reads as follows:
[Red: (Zoals in Nr. 1)]
I, on behalf of the competent Netherlands authorities within the meaning of Article 1(1) of Regulation 1408/71, as specified in Annex I of Regulation No. 574/72, agree to the proposals made in your letter. I have the honour to confirm that your letter, together with my reply to that effect be regarded as placing on record the understanding of the competent authorities in this matter.
I have the honour to be your obedient servant.
For the Competent Authorities of the Netherlands
(s.) J. G. A. STIPHOUT
(drs. J. G. A. Stiphout)
To the Competent Authorities of the United Kingdom
Inhoudsopgave
Nr. I
Nr. II
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