Belgium and the Republic
India THE KINGDOM
BELGIUM AND THE REPUBLIC
INDIA, wishing to arrange the mutual relations between the two countries in the field
social security, decided to conclude an Agreement for this purpose and agreed as follows : PART I. - GENERAL PROVISIONS Article 1 Definitions 1. For the implementation
this Agreement : a) The term « Belgium » means : the Kingdom
Belgium; the term « India » means : the Republic
India. b) The term « national » means : as regards Belgium : a person
Belgian nationality; as regards India : a person
Indian nationality.
the legislation specified in paragraph 1 a)
; as regards India : the Ministers, each to the extent that he is responsible for the implementation
the legislation specified in paragraph 1 b)
. e) The term « agency » means : as regards Belgium : the institution, the organization or the authority responsible in full or in part for the implementation
the legislation specified in paragraph 1 a)
; as regards India : the institution, the organization or the authority responsible in full or in part for the implementation
the legislation specified in paragraph 1 b)
. f) The term « insurance period » means : any period
contributions recognized as such in the legislation under which that period was completed, as well as any period recognized as equivalent to a period
contribution under that legislation.
the household by the legislations
Belgium and India respectively.i) The term « residence » means : habitual residence.2. Any term not defined in paragraph 1
this Article shall have the meaning assigned to it in the applicable legislation. Article 2 Legislative Scope 1. This Agreement shall apply :
the merchant marine and self-employed persons; and, as regards Part II only, to the legislations concerning : (iii) the social security for employed persons;
this Article. It shall apply to any legislation which will extend the existing schemes to new categories
beneficiaries, unless, in this respect, the Contracting State which has amended its legislation notifies within six months
the
ficial publication
the said legislation the other Contracting State
its objections to the inclusion
such new categories
beneficiaries. This Agreement shall not apply to legislations that establish a new social security branch, unless the competent authorities
the Contracting States agree on this application. Article 3 Personal Scope Unless otherwise specified, this Agreement shall apply to all persons who are or have been subject to the legislation
either
the Contracting States, and other persons who derive rights from such person. Article 4 Equality
Treatment Unless otherwise provided in this Agreement, the persons specified in Article 3, who ordinarily reside in the territory
a Contracting State, shall receive equal treatment with nationals
that Contracting State in the application
the legislation
that Contracting State. Article 5 Export
Benefits 1. Unless otherwise specified in this Agreement, a Contracting State shall not reduce or modify benefits acquired under its legislation solely on the ground that the beneficiary stays or resides in the territory
the other Contracting State.2. The old age and survivors' benefits due by virtue
the Belgian legislation are paid to the Indian nationals residing in the territory
a third State, under the same conditions as if they were Belgian nationals residing in the territory
such third State.3. The old-age, survivor's and disability benefits due by virtue
the Indian legislation, are paid to the Belgian nationals residing in the territory
a third State, under the same conditions as if they were Indian nationals residing in the territory
such third State. Article 6 Reduction or Suspension Clauses The reduction or suspension clauses provided for in the legislation
one Contracting State, in case one benefit coincides with other social security benefits or with other professional incomes, shall be applied to the beneficiaries, even if these benefits were acquired by virtue
a scheme
the other Contracting State, or if the related professional activities are exercised in the territory
the other Contracting State. However, this provision shall not apply when benefits
the same nature coincide. PART II. - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION Article 7 General Provisions Subject to Articles 8 to 10, the applicable legislation is determined according to the following provisions : a) unless otherwise provided in this Agreement, a person who works as an employee in the territory
a Contracting State shall, with respect to that employment, be subject only to the legislation
that Contracting State;b) persons who are members
the travelling or flying personnel
an enterprise which, for hire or reward or on its own account, operates international transport services for passengers or goods and has its registered
fice in the territory
a Contracting State shall be subject to the legislation
that Contracting State;c) a person who works as an employee on board a ship that flies the flag
a Contracting State, shall be subject to the legislation
the State in which he has his residence. Article 8 Special Provisions 1. An employed person who, being in the service
an employer with an
fice on which he normally depends in the territory
one
the Contracting States and paying contributions under the legislation
that Contracting State, is posted by that employer in the territory
the other Contracting State to work on its account, shall remain subject to the legislation
the former Contracting State and continue to pay contributions under the legislation
this Contracting State, as if he continued to be employed in his territory on the condition that the foreseeable duration
his work does not exceed 60 months.The family members who accompany the employed person will be subject to the legislation
that former Contracting State unless they exercise professional activities. 2. If the detachment referred to in paragraph 1
this Article continues beyond 60 months, the competent authorities
the two Contracting States or the competent agencies designated by those competent authorities may agree that the employee remains subject only to the legislation
the first Contracting State.3. Paragraph 1
this Article shall apply where a person who has been sent by his employer from the territory
one Contracting State to the territory
a third country is subsequently sent by that employer from the territory
the third country to the territory
the other Contracting State. Article 9 Civil Servants, Members
Diplomatic Missions and Consular Posts 1. Civil servants and equivalent personnel are subject to the legislation
the Contracting State whose administration employs them.These persons, as well as their family members are, for this purpose, considered to be residing in that Contracting State, even if they are in the territory
the other Contracting State. 2. This Agreement shall not affect the provisions
the Vienna Convention on Diplomatic Relations
April 18, 1961, or the Vienna Convention on Consular Relations
April 24, 1963. Article 10 Modification Provision In the interest
certain insured persons or certain categories
insured persons, the competent authorities can, by mutual agreement, specify modifications to the provisions
Articles 7 to 9 provided that the affected persons shall be subject to the legislation
one
the Contracting States. PART III. - PROVISIONS CONCERNING BENEFITS CHAPTER
paragraph 2, for the acquisition, retention or recovery
the right to old-age or survivors' benefits, the insurance periods completed pursuant to the Indian legislation concerning old-age or survivors' benefits are totalized, when necessary and to the extent that they do not overlap, with the insurance periods completed pursuant to the Belgian legislation.2. If the Belgian legislation subordinates the granting
certain old-age or survivors' benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in India shall be totalized for admission to entitlement to these benefits.3. If the Belgian legislation subordinates the granting
certain old-age or survivors' benefits 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 benefits, the said periods shall be considered valid for the determination
the old-age or survivors' benefits provided for in the general scheme
employed persons. Article 12 1. If a person is entitled to an old-age or survivors' benefit under the Belgian legislation without necessarily proceeding to totalization, the Belgian agency shall calculate the benefit entitlement directly on the basis
the insurance periods completed in Belgium and only under the Belgian legislation. That agency shall also calculate the amount
the old-age or survivors' benefit that would be obtained by applying the rules specified in paragraph 2 a) and b). Only the higher
these two amounts shall be taken into consideration. 2. If a person is entitled to an old-age or survivors' benefit by virtue
the Belgian legislation, with his right being created solely by taking the totalization
the insurance periods into account pursuant to Article 11, the following rules apply : a) the Belgian agency shall calculate the theoretical amount
the benefit due as if all the insurance periods completed according to the two Contracting States' legislations were exclusively completed under the Belgian legislation;b) the Belgian agency shall then calculate the amount due, on the basis
the amount specified under a), in proportion to the duration
the insurance periods under its legislation, in relation to the duration
all insurance periods accounted under a). Section 2. - Invalidity Insurance Article 13 For the acquisition, retention or recovery
the right to invalidity benefits, the provisions
Article 14 1. If the right to Belgian invalidity benefits is created solely by totalization
the Belgian and Indian insurance periods completed in accordance with Article 13, the amount
the benefit due is determined according to the procedure determined by Article 12, paragraph 2.2. If the right to the Belgian invalidity benefits is opened without recourse to the provisions
, and if the amount resulting from the sum
the Indian disability benefit and
the Belgian benefit calculated in accordance with paragraph 1
this Article is lower than the amount
the benefit due solely on the basis
the Belgian legislation, the Belgian competent agency will grant a complement equal to the difference between the total amount
these two benefits and the amount due solely according to the Belgian legislation. Article 15 The beneficiary
an invalidity benefit under the Belgian legislation is still entitled to this benefit during a stay in the other Contracting State when that stay has first been authorized by the Belgian competent agency. That authorization can, however, only be refused if the stay takes place in the period during which, by virtue
the Belgian legislation, the Belgian competent agency must estimate or revise the state
invalidity. CHAPTER
the right to old-age, survivors' and disability benefits, the insurance periods completed pursuant to the Belgian legislation concerning such benefits are totalized, when necessary and to the extent that they do not overlap, with the insurance periods completed pursuant to the Indian legislation.2. If the Indian legislation subordinates the granting
certain old-age, survivors' and disability benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognized as equivalent in the same occupation in Belgium shall be totalized for admission to entitlement to these benefits.3. If the Indian legislation subordinates the granting
certain benefits 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 benefits, the said periods shall be considered valid for the determination
the benefits provided for in the general scheme
employed persons. Article 17 1. If a person is entitled to an old-age, survivors' or disability benefit under the Indian legislation without necessarily proceeding to totalization, the Indian agency shall calculate the benefit entitlement directly on the basis
the insurance periods completed in India and only under the Indian legislation.2. If a person is entitled to an old-age, survivors' or disability benefit by virtue
the Indian legislation, with his right being created solely by taking the totalization
the insurance periods into account pursuant to Article 16, the following rules apply : a) the Indian agency shall calculate the theoretical amount
the benefit due as if all the insurance periods completed according to the two Contracting States' legislations were exclusively completed under the Indian legislation;b) the Indian agency shall then calculate the amount due, on the basis
the amount specified under a), in proportion to the duration
the insurance periods under its legislation, in relation to the duration
all insurance periods accounted under a). CHAPTER
the rising cost
living, the variation
the wage levels or other adaptation clauses, the old-age, survivors', invalidity or disability benefits
either Contracting State are changed with a given percentage or amount, that percentage or amount should be directly applied to the old-age, survivors', invalidity or disability benefits
that Contracting State, without the other Contracting State having to proceed to a new calculation
the old-age, survivors', invalidity or disability benefits.2. On the other hand, in case
modification
the rules or
the computation process with regard to the establishment
the old-age, survivors', invalidity or disability benefits a new computation shall be performed according to Article 12, 14 or 17. PART IV. - MISCELLANEOUS PROVISIONS Article 19 Responsibilities
the Competent Authorities The competent authorities : a) shall take, by means
an administrative arrangement the measures required to implement this Agreement, including measures concerning taking into account
insurance periods, and shall designate the liaison agencies and the competent agencies;b) shall define the procedures for mutual administrative assistance, including the sharing
expenses associated with obtaining medical, administrative and other evidence required for the implementation
this Agreement;c) shall directly communicate to each other any information concerning the measures taken for the application
this Agreement;d) shall directly communicate to each other, as soon as possible, all changes in their legislation to the extent that these changes might affect the application
this Agreement. Article 20 Administrative Collaboration 1. For the implementation
this Agreement, the competent authorities as well as the competent agencies
both Contracting States shall assist each other with regard to the determination
entitlement to or payment
any benefit under this Agreement as they would for the application
their own legislation.In principle, this assistance shall be provided free
charge; however, the competent authorities may agree on the reimbursement
some expenses. 2. The benefit
the exemptions or reductions
taxes,
stamp duties or
registration or recording fees provided for by the legislation
one Contracting State in respect
certificates or other documents which must be produced for the application
the legislation
that State shall be extended to certificates and similar documents to be produced for the application
the legislation
the other State.3. Documents and certificates which must be produced for the implementation
this Agreement shall be exempt from authentication by diplomatic or consular authorities. Copies
documents which are certified as true and exact copies by an organization
one Contracting State shall be accepted as true and exact copies by the organization
the other Contracting State, without further certification. 4. For the implementation
this Agreement, the competent authorities and agencies
the Contracting States may communicate directly with each other as well as with any person, regardless
the residence
such persons.Such communication may be made in one
the languages used for the
ficial purposes
the Contracting States. An application or document may not be rejected by the competent authority or organizations
a Contracting State solely because it is in an
ficial language
the other Contracting State. Article 21 Claims, Notices and Appeals 1. Claims, notices or appeals which, according to the legislation
one
the Contracting States, should have been submitted within a specified period to the authority or agency
that Contracting State, are acceptable if they are presented within the same specified period to an authority or agency
the other Contracting State.In this case, the claims, notices or appeals must be sent without delay to the authority or agency
the former Contracting State, either directly or through the competent authorities
the Contracting States. The date on which these claims, notices or appeals have been submitted to an authority or agency
the second Contracting State shall be considered to be the date
submission to the authority or agency authorized to accept such claims, notices or appeals. 2. An application for benefits under the legislation
one Contracting State shall be deemed to be also an application for a benefit
same nature under the legislation
the other Contracting State provided that the applicant so wishes and provides information indicating that insurance periods have been completed under the legislation
the other Contracting State. Article 22 Confidentiality
Information Unless otherwise required by the national laws and regulations
a Contracting State, information about an individual which is transmitted in accordance with this Agreement to the competent authority or agency
that Contracting State by the competent authority or agency
the other Contracting State shall be used exclusively for purposes
implementing this Agreement and the legislation to which this Agreement applies. Such information received by a competent authority or agency
a Contracting State shall be governed by the national laws and regulations
that Contracting State for the protection
privacy and confidentiality
personal data. Article 23 Payment
Benefits 1. Payments
benefits under this Agreement may be made in the currency
either Contracting State.2. In the event that a Contracting State imposes currency controls or other similar measures that restrict payments, remittance or transfers
funds or financial instruments to persons who are outside that Contracting State, it shall, without delay, take appropriate measures to ensure the payment
any amount that must be paid in accordance with this Agreement to persons described in Article 3 who reside in the other Contracting State. Article 24 Resolution
Disputes Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent possible, by the competent authorities. PART V. - TRANSITIONAL AND FINAL PROVISIONS Article 25 Events prior to the entry into force
the Agreement
one
the Contracting States prior to the date on which this Agreement enters into force shall be taken into consideration in determining entitlement to any benefit in accordance with the provisions
this Agreement.4. This Agreement shall not apply to rights that were liquidated by the granting
a lump sum payment or the reimbursement
contributions.5. In applying Article 8 in case
persons who were sent to a Contracting State prior to the date
entry into force
this Agreement, the periods
employment referred to in that Article shall be considered to begin on that date. Article 26 Revision, prescription, forfeiture 1. Any benefit that was not paid or that was suspended by reason
the nationality
the interested person or by reason
his residence in the territory
a Contracting State other than that in which the agency responsible for payment is located, shall, on application by the interested person, be paid or restored from the entry into force
this Agreement.2. The entitlement
interested persons who, prior to the entry into force
this Agreement, obtained the payment
a benefit may be revised upon application by those persons, in accordance with the provisions
this Agreement.In no case shall such a revision result in a reduction
the prior entitlement
the interested persons. 3. If the application referred to in paragraph 1 or 2
this Article is made within two years
the date
the entry into force
this Agreement, any entitlement arising from the implementation
this Agreement shall be effective from that date, and the legislation
either Contracting State concerning the forfeiture or the prescription
rights shall not be applicable to such interested persons.4. If the application referred to in paragraph 1 or 2
this Article is made after two years following the entry into force
this Agreement, the entitlements which are not subject to forfeiture or which are not yet prescribed shall be acquired from the date
the application, unless more favourable legislative provisions
the Contracting State concerned are applicable. Article 27 Duration This Agreement is concluded without any limitation on its duration. It may be terminated by either Contracting State giving twelve months' notice in writing to the other State. Article 28 Guarantee
rights that are acquired or in the course
acquisition In the event
termination
this Agreement, any rights and payment
benefits acquired by virtue
the Agreement shall be maintained. The Contracting States shall make arrangements regarding the rights in the course
acquisition. Article 29 Entry into Force This Agreement shall enter into force on the first day
the third month following the date
receipt
the note through which the last
both Contracting States will have given notice to the other Contracting State that all domestic requirements have been accomplished. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement. Done at New Delhi, on the 3 day
November 2006, in duplicate in the English language. TRADUCTION Convention sur la sécurité sociale entre le Royaume de Belgique et la République de l'Inde LE ROYAUME DE BELGIQUE ET LA REPUBLIQUE D'INDE, Le Royaume de Belgique et la République d'Inde, animés du désir de régler les rapports réciproques entre les deux Etats dans le domaine de la sécurité sociale, ont décidé de conclure une Convention à ce effet et sont convenus de ce qui suit : PARTIE I. - DISPOSITIONS GENERALES Article 1er Définitions 1. Pour l'application de la présente Convention :
ficielle de la dite législation. La présente Convention n'est pas applicable aux législations instituant une nouvelle branche de sécurité sociale, sauf si un accord intervient à cet effet entre les autorités compétentes des Etats contractants. Article 3 Champ d'application personnel Sauf dispositions contraires, la présente Convention s'applique aux personnes qui sont ou qui ont été soumises à la législation de l'un des Etats contractants ainsi qu'aux autres personnes qui obtiennent des droits dérivés d'une telle personne. Article 4 Egalité de traitement A moins que la présente Convention n'en dispose autrement, les personnes visées à l'Article 3, qui résident habituellement sur le territoire d'un Etat Contractant bénéficient d'une égalité de traitement par rapport aux ressortissants de cet Etat Contractant lors de l'application de la législation de cet Etat Contractant. Article 5 Exportation de prestations 1. A moins que la présente Convention n'en dispose autrement, un Etat Contractant ne peut réduire ou modifier les prestations acquises au titre de sa législation du fait que le bénéficiaire séjourne ou réside sur le territoire de l'autre Etat Contractant.2. Les prestations de retraite et de survie dues en vertu de la législation belge sont payées aux ressortissants indiens qui résident sur le territoire d'un Etat tiers dans les mêmes conditions que s'il s'agissait de ressortissants belges résidant sur le territoire de cet Etat tiers.3. Les prestations de retraite, de survie et d'incapacité de travail dues en vertu de la législation indienne sont payées aux ressortissants belges qui résident sur le territoire d'un Etat tiers dans les mêmes conditions que s'il s'agissait de ressortissants indiens résidant sur le territoire de cet Etat tiers. Article 6 Clauses de réduction ou de suspension Les clauses de réduction ou de suspension prévues par la législation d'un Etat Contractant, en cas de cumul d'une prestation avec d'autres prestations de sécurité sociale ou avec d'autres revenus professionnels, sont opposables aux bénéficiaires, même s'il s'agit de prestations acquises en vertu d'un régime de l'autre Etat Contractant ou si les activités professionnelles sont exercées sur le territoire de l'autre Etat Contractant. Toutefois, cette règle n'est pas applicable au cumul de deux prestations de même nature. PARTIE II DISPOSITIONS DETERMINANT LA LEGISLATION APPLICABLE Article 7 Dispositions générales Sous réserve des Articles 8 à 10, la législation applicable est déterminée conformément aux dispositions suivantes :
fices pour la détermination du droit aux prestations et pour le paiement de celles-ci en vertu de la présente Convention, comme s'il s'agissait de l'application de leur propre législation.Cette entraide est en principe gratuite; toutefois, les autorités compétentes peuvent convenir du remboursement de certains frais.
ficielles. Une demande ou une pièce ne peut être rejetée par une autorité ou organisation compétente d'un Etat Contractant uniquement parce qu'elle est rédigée dans une langue
ficielle de l'autre Etat Contractant. Article 21 Demandes, déclarations et recours
Explication IA à partir du texte officiel de la loi. Indicatif, ne remplace pas un conseil juridique.