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Regulation (EEC) No 1408/71 Article 41

Regulation (EEC) No 1408/71 Article 41

Article 41

1. In the case of aggravation of an invalidity for which a worker is receiving benefits under the legislation of a single Member State, the following provisions shall apply: (a) if the person concerned has not been subject to the legislation of another Member State since receiving benefits, the competent institution of the first State shall be bound to grant the benefits, taking the aggravation into account, in accordance with the legislation which it administers; (b) if the person concerned has been subject to the legislation of one or more other Member States since receiving benefits, the benefits shall be granted to him, taking the aggravation into account, in accordance with Article 37 (1) or Article 40 (1) or (2) as appropriate; (c) if the total amount of the benefit or benefits payable under subparagraph (b) is lower than the amount of the benefit which the person concerned was receiving at the expense of the institution previously liable for payment, such institution shall be bound to pay him a supplement equal to the difference between the two amounts; (d) if, in the case referred to in subparagraph (b), the institution responsible for the initial incapacity is a Netherlands institution, and if: (i) the illness which caused the aggravation is the same as the one which gave rise to the granting of benefits under Netherlands legislation; (ii) this illness is an occupational disease within the meaning of the legislation of the Member State to which the person concerned was last subject and entitles him to payment of the supplement referred to in Article 60 (1) (b); and (iii) the legislation or legislations to which the person concerned has been subject since receiving benefits is a legislation, or are legislations, listed in Annex III. the Netherlands institution shall continue to provide the initial benefit after the aggravation occurs, and the benefit due under the legislation of the last Member State to which the person concerned was subject shall be reduced by the amount of the Netherlands benefit; (e) if, in the case referred to in subparagraph (b), the person concerned is not entitled to benefits at the expense of an institution of another Member State, the competent institution of the first State shall be bound to grant the benefits, according to the legislation of that State, taking into account the aggravation and, where appropriate, the provisions of Article 38. 2. In cases of aggravation of an invalidity for which a worker is receiving benefits under the legislations of two or more Member States, the benefits shall be granted to him, taking the aggravation into account, in accordance with the provisions of Article 40 (1). Section 4 Resumption of provision of benefits after suspension or withdrawal - Conversion of invalidity benefits into old age benefits

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 41 of Regulation (EEC) No 1408/71 (LawPlayer, data as of 2026-07-04)

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