Decision No 142 of 13 February 1990 concerning the application of Articles 73, 74 and 75 of Regulation (EEC) No 1408/71

(90/C 80/05)

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 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of 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 Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all the Member States to the problem of paying family benefits to members of the family not residing in the territory of the competent State,

Whereas Decision No 77 of 22 February 1973, published in the Official Journal of the European Communities No C 75 of 19 September 1973, has lapsed following the entry into force of the aforementioned Council Regulation (EEC) No 3427/89 but whereas, account being taken of the provisions of the said Regulation, there are grounds for adopting a new Decision,

Whereas it is important

(a) to know the date from which the French competent institution will begin paying to employed persons the family benefits provided for in Articles 73 and 74 of Regulation (EEC) No 1408/71;

(b) to specify the provisions applicable up to that date;

and

(c) to fix the time limit for the submission to the French competent institution of the application forms for the refund of family allowances provided in the country of residence of members of the family;

Whereas, moreover, there are grounds for specifying the rate of conversion of currencies to be used for the purposes of Articles 73 and 74;

Whereas, lastly, the deadlines should be fixed for claims for family benefits pursuant to the aforementioned Articles 73 and 74,

HAS DECIDED AS FOLLOWS:

1. (a) Without prejudice to the date of application of Regulation (EEC) No 3427/89, French family benefits due to employed persons pursuant to Articles 73 and 74 of Regulation (EEC) No 1408/71 shall be paid to them at their request by the competent French institution in accordance with the provisions of Article 75 of the said Regulation, with effect from 1 April 1990.

(b) As an interim measure, the provisions of the former Articles 73 (2), 74 (2) and 75 (2) (a) and (b) of Regulation (EEC) No 1408/71 and of the former Articles 87 and 89 of Regulation (EEC) No 574/72 shall continue to apply until 31 March 1990 inclusive: family allowances provided under this interim measure shall be refunded by the French competent institution in accordance with the conditions laid down in the former Article 75 (2) (c) of Regulation (EEC) No 1408/71 and in the former Articles 98 and 102 (2) of Regulation (EEC) No 574/72.

(c) Individual application forms relating to the refund of family allowances provided for periods prior to 1 April 1990 by the institution of the place of residence of members of employed persons' and unemployed persons' families subject to French legislation must be transmitted by this institution to the French competent institution by 1 April 1992.

2. For the purposes of Articles 73 and 74 of Regulation (EEC) No 1408/71, where the grant of one or more family benefits is subject to a means test, the competent institution shall, where necessary, convert into its currency the amount of income earned abroad or coming from abroad, using the rate of conversion provided for in Article 107 (1) of Regulation (EEC) No 574/72.

The rate of conversion to be taken into account shall be the rate applicable on the last day of the reference period as fixed by the legislation which the competent institution administers in applying the means test.

3. With regard to claims for family benefits under Articles 73 and 74, the deadlines laid down by national legislation shall apply; for employed persons subject to French legislation, however, the bi-annual deadline laid down by it shall be suspended until 31 March 1990 inclusive and shall apply only from 1 April 1990.

4. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.

Done at Brussels, 13 February 1990.

The Chairman of the Administrative Commission

E. Mc Cumiskey

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