+Article 52 4.

Article 52 4.

Where the calculation pursuant to paragraph 1(a) in one Member State invariably results in the independent benefit being equal to or higher than the pro rata benefit, calculated in accordance with paragraph 1(b), the competent institution shall waive the pro rata calculation, provided that:

(i) 

such a situation is set out in Part 1 of Annex VIII;

(ii) 

no legislation containing rules against overlapping, as referred to in Articles 54 and 55, is applicable unless the conditions laid down in Article 55(2) are fulfilled; and

(iii) 

Article 57 is not applicable in relation to periods completed under the legislation of another Member State in the specific circumstances of the case.

1. Oversigt

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1.1 Referencer

1.2 Identificerede krav

1.3 Relaterede standarder

2. Identificerede krav

Krav

3. Relaterede standarder

Standarder