The competent authorities of the Contracting Parties or other organisations designated by them may, upon joint request of the employer and employee, or a self-employed person, provide for further exceptions to the general provisions on applicable legislation of this Agreement, provided that the person concerned continues, or shall come, to be covered by the legislation of either Contracting Party. In case of any exceptions the aspects and circumstances of the employment shall be taken into account.
Where the legislation of one Contracting Party is applicable in accordance with any of the provisions of this Part, the liaison organization of that Contracting Party shall issue upon the joint request of the employer and the employee, or upon the request of the self-employed person a certificate stating that the employee or self-employed person is subject to the legislation of that Contracting Party and indicating the duration for which the certificate shall be valid. This certificate certifies that the employee or self-employed person is exempt from the legislation on compulsory coverage of the other Contracting Party.
The employee or self-employed person in question as well as the employer of the employee and the liaison organization of the other Contracting Party shall be entitled to receive a copy.
For the purposes of acquiring, maintaining and recovering entitlement to cash benefits within the framework of insurance for sickness and maternity, the insurance periods accumulated pursuant to of the legislation of both Contracting Parties shall be totalised, unless these periods are concurrent.
A person who is insured for benefits in kind under the health insurance scheme by the competent institution of a Contracting Party, and who
a) is in need of urgent medical care during his stay in the territory of the other Contracting Party, and did not travel to the territory of the other Contracting Party with the aim of receiving medical treatment, or
b) acquired, or acquires the approval of the competent authority or the competent institution to travel to the territory of the other Contracting Party with the aim of receiving medical treatment in accordance with his medical condition,
shall be entitled to benefits in kind, at the expenses of the competent institution, from the competent institution of the other Contracting Party in accordance with the legislation of this Contracting Party as though this person were insured under the legislation of this Contracting Party. In these cases a certificate shall be issued by the competent institution at the request of the person concerned before the person concerned leaves the territory of the Contracting Party where he/she is insured. Urgent medical care shall be understood as care that may not be postponed until the person’s return to his place of residence.
(1) In order to draw cash benefits, the concerned persons shall within a reasonable time notify his/her incapacity for work to the institution of the place of stay by submitting a certificate of incapacity for work issued by the doctor treating the concerned person. The institution of the place of stay shall issue the appropriate form and shall forward it to the competent institution forthwith.
(2) Cash benefits shall be paid in compliance with the legislation in force of the competent institution concerned.
(1) A person who receives pension from the pension insurance administrations of both Contracting Parties shall be entitled to in-kind health insurance benefits at his/her place of residence, at the expenses of the institution of the pensioner’s place of residence.
(2) The provisions laid down in paragraph (1) may not be applied while the person concerned is insured by virtue of employment, or health insurance benefits in his place of residence, in accordance with the legislation of the Contracting Party by the place of residence.
The benefits in kind referred to Articles 15 and 17 of this Agreement shall be provided by the institution by the place of residence or by the institution by the place of stay:
- in Hungary: compulsory health insurance body,
- in the Republic of Albania: compulsory health insurance body.
The competent institution shall reimburse the institution of the other Contracting Party for the expenses actually incurred in connection with the provision of benefits in kind, with the exception of administrative costs.
(1) An insured person, who has suffered an accident at work or suffers from an occupational disease, during the period of insurance, may enforce his/her eligibility to benefits in kind in accordance with the legislation of the Contracting Party where he/she is insured. The concerned person shall receive benefits in kind when he/she stays or resides in the territory of the other Contracting Party. The benefits in kind are provided, at the expenses of the competent institution, by the institution of the place of stay or residence in accordance with the legislation it applies; the period during which the benefits in kind may be granted is, however, determined by the legislation of the competent Contracting Party.
(2) Cash benefits for accidents at work shall be provided by the competent institution of the Contracting Party where the person concerned was insured at the time of the accident at work in accordance with its legislation.
(3) If the legislation of a Contracting Party provides that a previous accident at work or occupational disease must be taken into account for determining the extent of damage on health or the degree of loss of working capacity originating from an accident at work or from an occupational disease or for determining the eligibility to a benefit in kind, or in cash, accidents at work and occupational diseases pursuant to the legislation of the other Contracting Party shall also be taken into account.
(4) The institution which is competent concerning the benefit to be provided in connection with the accident at work or occupational disease shall determine the benefit, in keeping with the applicable legislation, according to the extent of damage on health or the degree of loss of working-capacity due to the accident at work or the occupational disease.
(5) If an accident takes place en route to the place of work in the territory of the other Contracting Party, it shall be deemed to have occurred in the territory of that Contracting Party, where the person concerned is insured at the time of the accident at work.
(1) With respect to eligibility to benefits to be provided on the basis of an occupational disease, the competent institution of a Contracting Party shall also take into account those occupations hazardous to health which, in accordance with the legislation of the other Contracting Party and by their characteristics, may be taken into consideration as causes of the diseases in question. Provided that eligibility exists pursuant to the legislation of both Contracting Parties, benefits in kind and in cash, with the exception of pension and accident annuity, shall have to be provided by the competent institution, and in keeping with the applicable legislation of the Contracting Party, in whose territory the place of residence of the entitled person is. If eligibility to pension or accident annuity exists pursuant to the applicable legislation of a Contracting Party, the competent institution shall pay only that portion of the benefit that corresponds to the ratio of the period during which the occupation hazardous to health has been pursued in keeping with the legislation of this Contracting Party, to the period during which the occupation hazardous to health has been pursued in keeping with the legislation of both Contracting Parties.
(2) In case of deterioration in the person’s health condition, the provisions laid down in paragraph (1) shall be applied to reassess a benefit due to deterioration of condition. When this deterioration in health occurs due to another occupation hazardous to health, the eligibility to a benefit on the ground of deterioration of health shall be considered to exist pursuant to the legislation of the Contracting Party where the specific occupation hazardous to health has been pursued. The competent institution of the first Contracting Party must pay the benefit as determined earlier in connection with the occupational disease in these cases, too, whereas the competent institution of the other Contracting Party shall provide the difference in benefit which may be determined between the benefit due to the deterioration of the already existing disease versus the benefit due to the condition before deterioration.
(3) The provisions of paragraphs (1) and (2) shall be applied also to benefits to be paid to survivors.
(1) The competent institution shall pay cash benefits in keeping with the applicable legislation it administers.
(2) Where the legislation of a Contracting Party provides that the amount of cash benefits shall depend on the number of family members, the competent institution also shall take into account family members residing in the territory of the other Contracting Party.
The competent institution shall reimburse the institution of the other Contracting Party for the expenses actually incurred in connection with the provision of benefits in kind, with the exception of administrative costs.
(1) Where the legislation of a Contracting Party makes the acquisition, retention or recovery of eligibility to a pension conditional upon the completion of periods of insurance, and in case the criteria of eligibility to a pension are not met on the basis of the legislation of a Contracting Party, the competent institution of this Contracting Party shall take into account the periods of insurance completed under the legislation of the other Contracting Party as if these periods were completed under the legislation which it administers, provided that such periods of insurance do not overlap.
(2) Where the legislation of the Republic of Albania subordinates the granting of old-age survivors’ or invalidity pensions to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognised as equivalent in the same occupation in Hungary shall be totalised for admission to entitlement to these pensions.
Where the legislation of the Republic of Albania subordinates the granting of old-age survivors’ or invalidity pensions to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said pensions, the said periods shall be considered valid for the determination of the old-age, survivors’ or invalidity pensions provided for in the general scheme of employed person.
(3) The amount of periods of insurance to be taken into consideration shall be defined in line with the legislation of the other Contracting Party, pursuant to which these periods of insurance were completed.
(4) Where eligibility to a pension exists according to the legislation of one Contracting Party even without the application of paragraphs (1) and (2) of this Article, the pension shall be defined by the competent institution of this Contracting Party on the basis of periods of insurance to be taken into account pursuant to the provisions of legislation which it administers.
(1) If the person concerned is not eligible for a pension on the basis of totalizing the periods of insurance acquired under the legislation of the Contracting Parties, the eligibility of that person for that pension shall be determined by totalizing these periods of insurance with the periods accumulated under the legislation of a third country with which both Contracting Parties are bound by social security legal instruments which provide for the totalization of periods.
(2) In case only one of the Contracting Parties has concluded an agreement with a third country, this Contracting Party shall totalize the periods of insurance under the legislation of the third country, unless otherwise provided in the agreement concluded with the third country.
(3) Paragraph (2) of this Article shall not apply to periods of insurance acquired under the legislation of a third country with which the Contracting Party has concluded an agreement based on the principle of territoriality.
(1) Where a person is entitled to pension in accordance with the legislation of one of the Contracting Parties only if his insurance periods are totalized, the competent institution shall calculate the amount of pension which this institution should pay, if all periods of insurance acquired pursuant to the legislation of both Contracting Parties were taken into account for the determination of the pension.
(2) The Albanian institution shall pay only the part of the pension calculated according to paragraph (1) that corresponds to the proportion of insurance periods completed under its legislation to the insurance period required for full old-age and invalidity pension under its legislation.
(3) The Hungarian institution shall pay only the part of the pension calculated according to paragraph (1) that corresponds to the proportion of insurance periods completed under its legislation to the total insurance period completed under the legislation of both Contracting Parties.
Where under the legislation of one Contracting Party the pensions are calculated on the basis of income or contributions paid, the competent institution of this Contracting Party shall take into account exclusively the income or contribution paid under the legislation which it administers.
Where the total periods of insurance completed under the legislation of one Contracting Party does not reach 365 days, provided that no eligibility to pensions exists solely on the basis of this period of insurance, the competent institution of this Contracting Party shall not grant any pension to a period shorter than 365 days. For purposes of completion and accounting, these periods of insurance shall be taken into account by the other Contracting Party as if they had been completed pursuant to its legislation.
(1) Where entitlement to a benefit can be established with periods of coverage completed
solely under the Hungarian laws, the benefit shall be calculated as follows:
a) the Hungarian competent institution shall calculate the benefit payable under the Hungarian laws and subtract from that amount any amount of old age or invalidity pension awarded by the competent institution of the other Contracting Party; and
b) the Hungarian competent institution shall calculate the benefit payable under the Hungarian laws multiplied by the ratio of periods of coverage completed under the Hungarian laws to the periods of coverage completed under the laws of both Contracting Parties.
(2) The Hungarian competent institution shall pay the higher of the amounts calculated under paragraphs (1) a) and b).
(3) Where entitlement to a benefit can be established exclusively by taking into account periods of coverage completed under the laws of both Contracting Parties, the Hungarian competent institution shall calculate the theoretical benefit amount which would be awarded if all periods of coverage under the laws of both Contracting Parties were completed under the laws of Hungary, and multiplying the result by the ratio of periods of coverage completed under Hungarian laws to the total periods of coverage under the laws of both Contracting Parties. The Hungarian competent institution shall pay only the proportion of the benefit calculated by this method.
(4) Any benefit awarded under paragraph (1) (b) or paragraph (3) of this Article cannot be decreased by the amount of any benefit awarded by the competent institution of the other Contracting Party.
(5) Where the total periods of coverage completed under the laws of Hungary do not exceed 365 days, the Hungarian competent institution shall not award a benefit under the scope of this Article.
(6) Entitlement to a rehabilitation benefit can be established exclusively in the case of Hungarian residence.
(1) The Competent Authorities shall designate appropriate liaison organisations and inform each other thereof.
(2) The liaison organisations shall facilitate the communication between the institutions of the Contracting Parties and shall assist one another in the implementation of the Agreement.
(3) Representatives of the liaison organisations shall meet alternately in both Contracting Parties in order to discuss subjects related to the application of the Agreement.
(1) The liaison organisations of the Contracting Parties will agree jointly on the forms and detailed procedures necessary to implement the Agreement.
(2) The institutions or liaison organisations of the Contracting Parties shall accept a claim for a benefit or any other request or certificate provided that it is submitted in the agreed form for this purpose.
(1) Contracting Parties shall pay the cash benefits directly to the beneficiaries pursuant to their national legislation.
(2) The institutions of the Contracting Parties shall pay their cash benefits without any deduction for their administrative expenses.
The liaison organisations of the Contracting Parties shall exchange annual statistics as of 31 December on the number of certificates issued and on the payments granted to beneficiaries pursuant to the Agreement. These statistics shall include the number of beneficiaries and total amount of the benefits, identified by the benefit type paid under the Agreement. These statistics shall be furnished in a form to be agreed upon by the liaison organisations.
(1) For the implementation of this Agreement, the competent authorities and the institutions of both Contracting Parties shall assist each other with regard to the determination of entitlement to or payment of any benefit under this Agreement as they would for the application of their own legislation. The assistance referred to in this Article shall be provided without mutual reimbursement of costs.
(2) Where the legislation of one Contracting Party provides that any document which is submitted to the competent authority of that Contracting Party shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to the competent authority and the institution of the other Contracting Party in the application of this Agreement.
(3) Documents and certificates which must be produced for the implementation of this Agreement shall be exempt from authentication by diplomatic or consular agencies. Copies of documents which are certified as true and exact copies by a competent authority or an institution of one Contracting Party shall be accepted as true and exact copies by the competent authority of the other Contracting Party, without further authentication.
(4) An application or document may not be rejected by the competent authority or an institution of a Contracting Party solely because it is in an official language of the other Contracting Party.
(1) The request for the information and documentation, and their transmittal, will be made through the liaison organisations of the Contracting Parties.
(2) If the institutions of a Contracting Party requires that a claimant or a beneficiary who resides in the territory of other Contracting Party undergo a medical examination, the institution of the later Contracting Party at the request of the institution of the first Contracting Party, shall make arrangements for carrying out this examination. If a medical examination is exclusively for the use of the institution which requests it, that institution shall reimburse the institution of the other Contracting Party for the costs of the examination. However, if the medical examination is for the use of both institutions, there shall be no reimbursement of costs.
(1) Where a claim for a benefit under the legislation of one Contracting Party is submitted to an institution of the other Contracting Party which is entitled to accept a claim for granting a benefit under applicable legislation, this claim shall be treated as if it had been submitted to the institution of the first Contracting Party. This provision also shall apply, as appropriate, to other claims as well as statements and legal remedies.
(2) The authority or organisation of a Contracting Party, to which a claim, a statement or a legal remedy was submitted, shall forward it without delay to the competent authority or organisation of the other Contracting Party, indicating the date of the receipt thereof.
(3) A claim for a benefit to be provided pursuant to the legislation of one Contracting Party shall qualify as a claim for a benefit to be provided in keeping with the legislation of the other Contracting Party. This provision shall not be applied if the claimant explicitly requests that the determination of eligibility to a cash benefit acquired according to the legislation of the other Contracting Party be delayed.
(1) Where the institution of one Contracting Party receives a claim of a person, which refers to periods of coverage under the legislation of the other or both Contracting Parties, this institution shall send the claim through the liaison organisation to the institution of the other Contracting Party, indicating the date on which the claim has been received.
Along with the claim, it will also transmit to the institution of the other Contracting Party:
a) any available documentation that may be necessary for the institution of the other Contracting Party to establish the claimant’s eligibility for the benefit,
b) form which will indicate, in particular, the periods of coverage completed under the legislation of the first Contracting Party,
c) and, eventually, a copy of its own decision on benefit if it has been taken on.
(2) The institution of the other Contracting Party subsequently determines the claimant’s eligibility and notifies its decision to the competent liaison organisation of the first Contracting Party.
Along with its decision, it will also transmit, if necessary or upon the request, to the institution of the first Contracting Party:
a) any available documentation that may be necessary for the institution of the first Contracting Party to establish the claimant’s eligibility for the benefit,
b) form which will indicate, in particular, the periods of coverage completed under the legislation which it applies.
(3) The competent institution of the Contracting Party with which a claim for benefits has been filed shall verify the information pertaining to the claimant and his family members. The type of information to be verified shall be agreed upon by the liaison organisations of the two Contracting Parties.
(1) Enforceable decisions of the courts of one Contracting Party covered by the scope of this Agreement, or executable decisions of the institutions or authorities concerning social insurance-related contributions or other claims shall be recognised by the courts, authorities and other organisations of the other Contracting Party in accordance with its legislation.
(2) Recognition of documents may only be refused if it is contrary to the legislation or to the public order of that Contracting Party, in which a judgement or a certificate should be recognised.
(3) Recognised enforceable decisions or certificates laid down in paragraph (1) must be executed in the territory of the other Contracting Party. An enforcement procedure shall be carried out by applying the respective enforceable legislation of that Contracting Party in whose territory the decisions or certificates concerned are to be executed. Confirmation that the decisions or certificates are enforceable must be stated on the authentic copy of these documents (enforcement clause).
(4) Claims related to outstanding contributions laid by the institutions in the territory of one Contracting Party shall be taken into consideration during enforcement, bankruptcy and settlement, liquidation and final settlement procedures to be executed in the territory of the other Contracting Party in the same way as corresponding claims laid in the territory of the Contracting Party concerned.
(1) The institutions, the authorities and the courts of the Contracting Parties may, for the purpose of implementing this Agreement and for applying the applicable legislation in relation to the material scope of this Agreement, communicate directly with one another and with the persons concerned or their representatives in any official language of either Contracting Party in accordance with its legislation.
(2) The institutions, the authorities and the courts of the Contracting Parties may not reject claims or certificates submitted to them on the grounds that they are written in an official language of the other Contracting Party.
(3) Judgements and decisions may be mailed by recorded delivery with request of a return receipt, and other documents in registered mail, directly to the person staying in the territory of the other Contracting Party.
(1) Where on the basis of this Agreement and in accordance with the legislation applicable in both Contracting Parties, personal data including health data necessary for the implementation of the Agreement are to be transferred, in keeping with applicable legislation in effect in the territories of the Contracting Parties, the following provisions shall be applied:
a) For the purpose of implementing this Agreement and the legislation covered by the scope of this Agreement, data may be disclosed by one Contracting Party to the institutions of the other Contracting Party. The receiving Contracting Party may process and use this data for such purposes. In all other cases, data may be disclosed to other institutions exclusively with the prior consent of the transmitting institutions and in accordance with the national legislation applicable to such institution.
b) The institution receiving such data shall, upon request and in individual cases, inform the institution providing data of the purpose for which it has used the data disclosed and the results of such use.
c) The institution providing data must ensure that the data to be disclosed is accurate, and is necessary from the point of view of the purpose of data disclosure. At the same time, all valid data provision prohibitions must be taken into consideration, pursuant to the national legislation of that Contracting Party. If it becomes evident that the data disclosed is incorrect, or may not have been disclosed under the legislation of the Contracting Party providing the data, the receiving institution shall be notified without delay, and it shall correct or delete such data, as appropriate.
d) The person concerned, upon his/her request, shall be given information on the data about him/her, about the source of the data and the purpose of using such data, on the legal basis for and the duration of the use of the data, the name and address of the data processor and its activities related to the data control, and on who has received or shall receive such data. In other respects, the rights of the person concerned with regard to being informed of the data held about him/her shall be subject to the national legislation of the Contracting Party whose institution was requested to provide information.
e) Personal data received shall be deleted without delay when, pursuant to the legislation of the Contracting Party receiving such data, it becomes unnecessary for the purpose of the disclosure.
f) The transmission and receipt of personal data shall be recorded both by the transmitting and by the receiving institutions.
g) Both the transmitting and the receiving institutions shall ensure the effective protection of personal data, in accordance with their respective national legislations, against breaches, including but not limited to, unauthorized access, illegal alterations and unauthorized disclosure.
h) On request of the person involved, both the receiving and the transmitting Contracting Parties shall correct the incorrect data processed by them respectively delete or deny access to data handled illegally. The other Contracting Party shall be immediately informed of such correction, deletion or denial of access.
i) The Contracting Parties will ensure that the adherence to the data protection requirements set forth in this Agreement is monitored by organizations which are independent from the institutions in accordance with the respective legislations of the Contracting Parties. In the event of breach of rights related to data protection, the affected persons shall be entitled to legal remedy, including a judicial remedy, in accordance with the respective national legislations of the Contracting Parties.
j) If the institution of one Contracting Party has disclosed personal data under this Agreement, the receiving institutions of the other Contracting Party, within its responsibility under the domestic legislation applicable to it, may not argue against the person concerned that the data provided was incorrect. Payment of compensation for damages due to incorrect provision of data shall be governed by the legislation of the Contracting Party where the infringement occurred.
(2) The provisions set out in paragraph (1) of this Article shall also be applied, as appropriate, to both corporate and trade secrets.
(1) The institutions that are bound to provide benefits by virtue of this Agreement shall do so in the official national currency of their country. When, according to the legislation of a Contracting Party, the person concerned might decide to have the benefit paid in other than the national currency of the Contracting Party providing the benefit, the expenses incurred and the risk of exchange shall be borne by the person concerned. The expenses related to the transfer of benefits abroad shall be governed by the legislation of the Contracting Party providing the benefit.
(2) Where the institution of one Contracting Party is to make payments to the institution of the other Contracting Party, these payments shall be made in the official currency of the other Contracting Party, provided that it is convertible. Otherwise payments have to be made in euro.
(3) If a Contracting Party enacts new regulations on foreign-exchange controls, both Contracting Parties shall take measures without delay in order to ensure the transfer of amounts due from either Party under the provisions of this Agreement.
(4) Payments made under the scope of this Agreement shall be carried out on the basis of rules which are in force in the territory of the Contracting Party which pays the benefit at the date of such payment.
Where the institution of a Contracting Party made undue or mistaken payment of a cash benefit, the amount thus paid may be deducted from the benefit of a same type paid according to the legislation of the other Contracting Party, in favour of the institution concerned.
Any disagreement regarding the interpretation or application of this Agreement shall be resolved by consultation between the competent authorities of the Contracting Parties. If the Competent Authorities cannot reach a solution, they can in accordance with international law resort to arbitration.
(1) The additional administrative procedures necessary for the implementation of this Agreement are laid down in Annex „Administrative Procedures” of this Agreement.
(2) The provisions laid down in Annex „Administrative Procedures” constitute integral part of this Agreement and have the same legal effect.
(1) This Agreement shall establish entitlement to benefits from the date of entry into force of this Agreement at the earliest.
(2) During the application of this Agreement account has to be taken of the legally significant circumstances that existed pursuant to the applicable legislation of both Contracting Parties before the coming into force of this Agreement.
(3) Decisions made in individual cases prior to the coming into force of this Agreement shall not hinder the application of this Agreement.
(4) Pensions which had been determined before the entry into force of this Agreement may be redetermined, upon request, within one year after the entry into force of this Agreement, if a change occurs due exclusively to the provisions of this Agreement.
(5) Where it would not be possible to grant pension benefit based on the pension reassessment referred to in paragraph (4), or if its amount were less than the amount last paid before the date of entry into force of this Agreement, the pension shall be paid as it was previously determined.
The present Agreement shall in no way prejudice the obligations of Hungary as a member state of the European Union. Consequently the provisions of the present Agreement shall not be invoked or interpreted in such a way as to invalidate or otherwise affect the obligations of Hungary imposed by the Treaties on which the European Union is founded.
This Agreement shall have to be confirmed. The Contracting Parties shall notify each other through diplomatic channels on the completion of internal procedures necessary for the entry into force. This Agreement shall enter into force on the first day of the fourth month following the last notification.
(1) The Contracting Parties conclude this Agreement for an unlimited period of time. Both Contracting Parties shall have the right to denounce this Agreement by the end of any calendar year by giving written notice of three months, through diplomatic channels.
(2) If this Agreement becomes ineffective due to denunciation, the provisions of the Agreement shall continue to be applied with respect to eligibilities and benefits acquired until the date of termination. Limitative provisions on the exclusion of any claim due to staying abroad, or on suspension or withdrawal of benefits shall be disregarded with respect to such claims if the place of stay of the concerned person is in the territory of the other Contracting Party.
In witness whereof, the duly authorised representatives of the Parties hereto have signed this Agreement and set their seals hereunto.
Done in Tirana on the day of 10. 12. 2014. in duplicate, in the Hungarian, Albanian and English languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
(aláírások)
Pursuant to paragraph (1) of Article 30 of the Agreement, the followings are designated as liaison organizations:
for Hungary,
a) regarding Chapter 3 of Part III of the Agreement (Pensions), the compulsory pension insurance body,
b) regarding Chapter 4 of Part III of the Agreement, the rehabilitation and social body, and
c) regarding any other cases, the compulsory health insurance body;
for the Republic of Albania,
a) regarding old-age, invalidity and survivors pensions, sickness, maternity, work accidents and occupational diseases cash benefits, the compulsory social insurance body,
b) regarding benefits in kind, the compulsory health insurance body.
Under the scope of the Agreement, the competent institutions shall be:
in Hungary,
a) regarding Part II, Chapter 1 and 2 of Part III of the Agreement, the compulsory health insurance body and health insurance bodies of the capital and county government offices,
b) regarding pensions and accident annuity provided under Chapter 2 of Part III of the Agreement and regarding pensions under Chapter 3 of Part III of the Agreement, the compulsory pension insurance body and its central pension insurance body,
c) regarding Chapter 4 of Part III. of the Agreement, the rehabilitation and social body and the rehabilitation bodies of the capital and county government offices;
in the Republic of Albania,
a) regarding old-age, invalidity and survivors pensions, sickness, maternity, work accidents and occupational diseases cash benefits, the compulsory social insurance body,
b) regarding benefits in kind, the compulsory health insurance body.
3.1. To benefit from the provisions of Article 14 of the Agreement, the person concerned is required to submit to the competent institution a certificate indicating the periods of insurance completed which is issued by the Contracting Party to the legislation of which the person concerned was previously subject to.
The certificate shall be issued upon the request of the person concerned:
in Hungary by the compulsory health insurance body and health insurance bodies of the capital and county government offices;
in the Republic of Albania by the compulsory social insurance body.
3.2. If the person concerned does not submit the certificate, the competent institution shall contact the competent institution or the liaison organization in case the competent institution is unknown of the Contracting Party to whose legislation the person concerned was previously subject to obtain the certificate.
3.3. Any insured person, who has received benefits in kind without complying with the criteria laid down in paragraph (a) of Article 15 of the Agreement, shall have the right to be reimbursed by the competent institution upon the submission of the relevant supporting documents in accordance with the legislation of the Contracting Party that the competent institution applies.
4.1. The reimbursement of benefits in kind provided by the institution of the place of stay under Article 15 of the Agreement shall be made by the competent institution on the basis of the actual expenses taking into account the submitted supporting documents.
4.2. The reimbursement referred to in point 4.1. of this Annex is due in each calendar year, within twelve months following the introduction of the claims.
5.1. In order to draw cash benefits under paragraph (2) of Article 20 and Article 21 of the Agreement, the person concerned shall, within a reasonable time, in line with national legislation, notify his/her incapacity for work to the institution of the place of stay or residence, by submitting a certificate of incapacity for work issued according to the national legislation.
5.2. On the request of the competent institution, the institution of the place of stay or residence shall subsequently carry out any necessary administrative checks or medical examinations of the person concerned as if he was insured with that institution and shall notify the results to the competent institution. The competent institution retains the right to have the person concerned examined according to its national legislation, at its own expenses.
5.3. As soon as the institution of the place of stay or residence establishes that the person concerned is fit to resume work, it shall forthwith notify the person concerned and the competent institution thereof, stating the date on which the concerned person’s incapacity ceased.
Without prejudice to the provisions of point 5.5 of this Annex, the notification to the person concerned shall be treated as a decision taken on behalf of the competent institution.
5.4. If the competent institution itself decides that the person concerned is fit to resume work, it shall notify the person concerned of its decision and shall simultaneously send a copy of such decision to the institution of the place of stay or residence. If, in such case, two different dates for the end of the incapacity for work are appointed by the institution of the place of stay or residence and by the competent institution respectively, the date appointed by the competent institution shall prevail.
5.5. If the competent institution decides to withhold the cash benefits because the person concerned has not complied with the control rules, it shall notify the person concerned of its decision and shall simultaneously send a copy of such decision to the institution of the place of stay or residence.
5.6. When the person concerned resumes work, he shall notify the competent institution accordingly, if such notification is required by the legislation administered by that institution.
5.7. In the case of transfer of the residence of a person eligible for the cash benefits referred to in Articles 20 and 21 of the Agreement, the administrative and medical control is carried out by the institution of the place of residence at the request of the competent institution.
The competent institutions may contact each other to obtain information they deem necessary regarding assessment of the degree of incapacity for work, in case it is necessary to assess the degree of incapacity for work, to confer entitlement to benefits and to determine the amount of the benefits in cases referred to Articles 20 and 21 of the Agreement.
In the case referred to in paragraph (2) of Article 21 of the Agreement, the person concerned is required to submit to the competent institution of the Contracting Party from which the person claims entitlement to benefits all information on the benefits awarded previously for the occupational disease considered.
8.1. The claimant shall submit his claim for benefits under the legislation of the other Contracting Party to the competent institution of the state of residence or directly to the competent institution of the other Contracting Party.
A claim that is submitted to the competent institution of the state of residence shall be submitted in accordance with the procedure laid down by the legislation of the state of residence. If the claim is submitted directly to the competent institution of the other Contracting Party, it shall be submitted in accordance with the procedure laid down by the legislation of that Contracting Party.
a) If the claim is submitted in the Republic of Albania, the competent institution of the place of residence shall forthwith forward the claim to the Hungarian liaison organization, using the appropriate forms.
b) If the claim is submitted in Hungary, the competent institution of the place of residence shall forthwith forward the claim, to the Albanian liaison organization, using the appropriate forms.
c) If the Republic of Albania is the State of residence, the Albanian competent institution shall, when it forwards the claim, notify the Hungarian liaison organization whether or not it agrees with the direct payment of the arrears in favour of the claimant.
d) If Hungary is the State of residence, the Hungarian competent institution shall, when it forwards the claim, notify the liaison organization of the Republic of Albania whether or not it agrees with the direct payment of the arrears in favour of the claimant.
8.2. The personal data regarding the claimant as required by the application form shall be duly authenticated by the institution to which the claim has been submitted, which shall confirm that the data are verified by original documents.
8.3.
a) Each of the competent institutions shall determine the claimant’s entitlement and shall notify its decision to the liaison organization of the other Contracting Party and send a copy of the decision to the claimant. The periods allowed for appeals start on the date the claimant receives the decision.
b) This competent institution shall communicate the amount it must claim back as compensation on the benefit arrears.
8.4. When the liaison organization or the competent institution of the Contracting Party of residence knows that a beneficiary of invalidity, old-age or survivor’s pensions or other benefits of the other Contracting Party, has not entirely stopped all professional activities or has effectively resumed such activities, it shall forthwith inform the liaison organization of the latter Contracting Party thereof.
8.5. The liaison organization or the competent institution of the Contracting Party where a beneficiary of invalidity, old-age or survivor’s pensions or other benefits of the other Contracting Party resides, shall inform the liaison organization of the latter Party of the decease of this beneficiary.
9.1. The liaison organization of a Contracting Party shall provide, upon request, without cost, to the liaison organization of the other Contracting Party such medical information and documentation which are in its possession concerning the incapacity for work of a claimant or beneficiary.
9.2. On receipt of a detailed statement of the costs incurred, the liaison organization of the first Contracting Party shall, without delay, reimburse the liaison organization of the other Contracting Party for the amounts due as a result of applying paragraph (2) of Article 35 of the Agreement.”
4. § (1) Ez a törvény - a (2) bekezdésben meghatározott kivétellel - a kihirdetését követő napon lép hatályba.
(2) A 2. § és a 3. § az Egyezmény 47. cikkében meghatározott időpontban lép hatályba.
(3) Az Egyezmény, illetve a 2. § és a 3. § hatálybalépésének naptári napját a külpolitikáért felelős miniszter annak ismertté válását követően a Magyar Közlönyben haladéktalanul közzétett közleményével állapítja meg.
(4) E törvény végrehajtásához szükséges intézkedésekről az egészségügyért felelős miniszter gondoskodik.
