Social security for migrant workers – Invalidity insurance – Person in receipt of benefits residing in a Member State other than the competent State – Medical examinations – Requirement that the recipient travel to the territory of the competent Member State at the request of the institution responsible for payment – Conditions – Journey not harmful to the health of recipient and expenses paid – Unfitness to travel certified by the institution of the place of stay – Verification on the spot of unfitness to travel by the institution responsible for payment – Permissibility
(Council Regulation No 574/72, Article 51(1))
Where an institution responsible for payment of an invalidity benefit exercises the power provided for in Article 51(1) of Regulation No 574/72 of having a recipient of the benefit residing in another Member State examined by a doctor of its own choice, the person concerned may be required to go to the Member State in which the competent institution is situated, provided that the travel and accommodation expenses thereby incurred are borne by the competent institution and the person concerned is fit enough to make the journey without impairment of his health.
Where the institution of the place where the person concerning is staying or residing has determined that that person is not fit enought to undertake the journey, there is nothing to prevent the institution responsible for payment or the body responsible for medical examinations from verifying that circumstance on the spot.
Citations:
[1991] ECR I-3245, C-344/89, [1991] EUECJ C-344/89
Links:
Jurisdiction:
European
European, Benefits
Updated: 17 October 2022; Ref: scu.160369
