THE ORDER OF 18 FEBRUARY 1981 ESTABLISHING A CONVENTION ON HEALTH CARE IN THE GENERAL SYSTEM OF SOCIAL SECURITY FOR THE SPANISH EMIGRANTS RETURNING TO THE SPANISH TERRITORY PROVIDES THAT SUCH WORKERS MAY OBTAIN FOR THEMSELVES AND FOR THEIR FAMILIES THE RIGHT TO THE RECOGNITION OF SUCH ASSISTANCE, WITH THE EXTENSION LAID DOWN IN THE GENERAL SOCIAL SECURITY SCHEME, BY SUBSCRIBING TO THE APPROPRIATE CONVENTION WITH THE INSTITUTE. NATIONAL OF SOCIAL SECURITY

ALSO, OWING TO THE REQUIREMENT OF ARTICLES 2 AND 3 OF THAT ORDER, IT IS NECESSARY TO DETERMINE THE CONDITIONS UNDER WHICH THE ABOVE BENEFIT MAY BE EXTENDED TO THE FAMILIES OF THOSE WORKERS WHO, AT THE TIME OF THEIR DEATH WAS AT THEIR EXPENSE AND DID NOT HAVE THE RIGHT, BY ANOTHER TITLE, TO HEALTH CARE BENEFITS, AS WELL AS TO TREATMENTS WHICH WERE ACCURATE AS A RESULT OF AN ACCIDENT AT WORK OR OCCUPATIONAL DISEASE. FOREIGN TO THE HOLDER OF THE RIGHT

THEREFORE, IT IS NECESSARY TO LAY DOWN THE RULES THAT ALLOW THE IMPLEMENTATION OF THE LISTED BENEFITS TO BE IMPLEMENTED IN PRACTICE

IN YOUR VIRTUE,

THIS SECRETARY OF STATE HAS RESOLVED:

FIRST. -1. THE APPLICATION OF THE SPECIAL CONVENTION REFERRED TO IN ARTICLE 1 OF THE ORDER OF 18 FEBRUARY 1981 SHALL BE LODGED AT THE OFFICES OF THE NATIONAL INSTITUTE FOR SOCIAL SECURITY, TOGETHER WITH THE DOCUMENTS CERTIFYING:

(A) THAT THE APPLICANT IS OR HAS BEEN A BENEFICIARY OF BENEFITS ARISING FROM PENSION INSURANCE, INCOME OR OTHER FIXED-INCOME INSURANCE IN THE FOREIGN COUNTRY IN WHICH HE DEVELOPED HIS ACTIVITY JOB

B) THE DATE OF RETURN TO THE SPANISH TERRITORY

(C) THE EXISTENCE, WHERE APPROPRIATE, OF FAMILY MEMBERS IN CHARGE OF THE FAMILY AND OTHER CONDITIONS REQUIRED TO BE A FAMILY MEMBER OF THE HEALTH CARE SERVICES OF THE GENERAL SOCIAL SECURITY SCHEME

2. THE SUBSCRIPTION OF THE AGREEMENT SHALL BE REQUESTED BY THE PERSON CONCERNED WITHIN 90 CALENDAR DAYS FOLLOWING THAT OF HIS RETURN TO THE SPANISH TERRITORY

SECOND. -1. THE FAMILY OF SPANISH MIGRANT WORKERS RETURNED TO THE SPANISH TERRITORY MAY SUBSCRIBE TO THE HEALTH CARE AGREEMENT PROVIDED FOR IN ARTICLE 2 OF THE 1981 MINISTERIAL ORDER, IN THE TERMS AND CONDITIONS LAID DOWN IN THE THIS RESOLUTION

2. FOR THE PURPOSES OF ARTICLE 2, FAMILY MEMBERS SHALL BE CONSIDERED TO BE PERSONS IN WHOM THE RELATIONSHIP AND OTHER CONDITIONS REQUIRED TO BE A FAMILY MEMBER OF THE HEALTH CARE BENEFITS OF THE SCHEME ARE MET. GENERAL OF SOCIAL SECURITY

3. THE SUBSCRIPTION OF THE CONVENTION SHALL BE IN COMPLIANCE WITH THE FOLLOWING REQUIREMENTS AND CONDITIONS:

3.1WHAT THE REQUEST IS MADE WITHIN THE PERIOD OF NINETY CALENDAR DAYS, TO BE COUNTED FROM THE DATE THAT IN EACH CASE CORRESPONDS, ACCORDING TO THE PROVISIONS OF PARAGRAPHS 3.3, 3.4 AND FOLLOWING AND TRANSITIONAL PROVISION

3.2 TO ACCOMPANY THE APPLICATION FOR DOCUMENTS SUPPORTING THE RELATIONSHIP, ECONOMIC DEPENDENCE AND CO-EXISTENCE WITH THE DECEASED WORKER, AS WELL AS A SWORN STATEMENT THAT THERE IS NO RIGHT TO BENEFIT FROM ASSISTANCE HEALTH OF SOCIAL SECURITY FOR ANY OTHER TITLE. THE DATE OF RETURN TO THE TERRITORY OF SPAIN OR OF DEATH, AS APPROPRIATE, SHALL ALSO BE CREDITED AS WELL AS THE FACT THAT THE DECEASED WORKER FULFILS THE REQUIREMENT REFERRED TO IN PARAGRAPH (A) OF THE ORDER OF 18 FEBRUARY 1981

NO SUBMISSION OF THE SAID DOCUMENTATION SHALL BE NECESSARY WHERE THE APPLICANTS HAVE HAD THE STATUS OF FAMILY MEMBERS COVERED BY THE AGREEMENT CONCLUDED BY THE DECEASED OR WHERE SUCH DOCUMENTATION ALREADY EXISTS. RECEIVED BY THE DECEASED WORKER WHEN APPLYING FOR THE SUBSCRIPTION OF THE CONVENTION

3.3 ON THE ASSUMPTION THAT THE MIGRANT WORKER HAS DIED IN SPANISH TERRITORY, THE PERIOD REFERRED TO IN PARAGRAPH 3.1 ABOVE SHALL BE COUNTED FROM THE DATE OF DEATH OF THE DECEASED.

3.4 IN THE CASE THAT THE DEATH OF THE WORKER HAS OCCURRED OUTSIDE THE TERRITORY OF SPAIN AND HIS FAMILY MEMBERS RETURN TO SPAIN WITH THE LATTER, THE TIME LIMIT LAID DOWN IN PARAGRAPH 3.1 ABOVE SHALL BE TAKEN INTO ACCOUNT FROM THE DATE OF ENTRY. DATE OF SUCH RETURN

4. WHERE THE FAMILY INTENDING TO SUBSCRIBE TO THE CONVENTION IS SEVERAL, THE CONVENTION SHALL BE JOINTLY SIGNED BY EACH AND EVERY ONE OF THEM, JOINTLY AND SEVERALLY RESPONDING TO THE OBLIGATIONS ARISING THEREFROM. HOWEVER, IN THE CASE OF MINORS OR DISABLED PERSONS, THE SUBSCRIPTION SHALL BE MADE BY THE PERSON REPRESENTING THEM.

5. ONLY FAMILY MEMBERS WHO SUBSCRIBE TO IT, EITHER BY THEMSELVES OR THROUGH THE PERSON REPRESENTING THEM

MAY BENEFIT FROM THE BENEFITS OF THE CONVENTION.

THIRD. -IT IS UP TO THE PROVINCIAL ADDRESSES OF THE NATIONAL SOCIAL SECURITY INSTITUTE TO RESOLVE THE RECOGNITION OF THE RIGHT TO HEALTH CARE AND, IF APPROPRIATE, TO FORMALIZE THE CORRESPONDING CONVENTION

THE PROVINCIAL DIRECTORATE OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY IN THE PROVINCE WHERE THE PERSON CONCERNED HAS HIS HABITUAL RESIDENCE SHALL BE COMPETENT FOR THE TERRITORY OF THE TERRITORY

FOURTH.-THE MODELS OF THE SPECIAL CONVENTION FOR HEALTH CARE AND THE NEWSLETTER LISTED IN THE ANNEX TO THIS RESOLUTION ARE HEREBY APPROVED

FIFTH. THE HOLDER OR, WHERE APPROPRIATE, THE FAMILY MEMBERS OF THE HOLDER, SHALL PAY A MONTHLY FEE TO BE FIXED ANNUALLY BY THE MINISTRY OF LABOUR, HEALTH AND SOCIAL SECURITY AND THE AMOUNT OF WHICH SHALL BE EQUAL TO THE AMOUNT PAID BY THE MINISTRY. ASSISTANCE TO INDIVIDUALS INTEGRATED INTO SOCIAL SECURITY GROUPS

THE COLLECTION OF THE QUOTAS SHALL BE CARRIED OUT BY THE TERRITORIAL TREASURY OF THE CORRESPONDING SOCIAL SECURITY, THROUGH THE BANKS, SAVINGS BANKS OR OTHER MEANS THAT ARE ESTABLISHED FOR THE COLLECTION OF SOCIAL SECURITY CONTRIBUTIONS.

THE PAYMENT OF THE FEES SHALL BE MADE BY ADVANCE PAYMENT, WITHIN THE PERIOD OF THE FIRST FIFTEEN DAYS OF THE MONTH TO WHICH THE SETTLEMENT CORRESPONDS, BY MEANS OF THE QUOTATION BULLETIN SPECIALLY ESTABLISHED FOR THESE PURPOSES

SIXTH. HEALTH CARE BENEFITS SHALL BE EXTENDED TO TREATMENTS THAT ARE ACCURATE AS A RESULT OF AN ACCIDENT AT WORK OR OCCUPATIONAL DISEASE OCCURRING ABROAD TO THE RIGHT HOLDER WHEN, IN ADDITION TO THE GENERAL REQUIREMENTS, THE FOLLOWING TWO ARE PRESENT:

(A) THE PERSON CONCERNED ATTESTED TO THE NATIONAL INSTITUTE FOR SOCIAL SECURITY THAT THE PROVISION, INCOME OR LUMP SUM REFERRED TO IN ARTICLE 1 (A) OF THE ORDER OF 18 FEBRUARY 1981 HAS OR HAS HAD ITS CAUSE IN ONE OF THE AFOREMENTIONED PROFESSIONAL CONTINGENCIES

B) NOT ENTITLED, BY TITLE, TO HEALTH CARE BENEFITS BY ACCIDENT AT WORK OR OCCUPATIONAL DISEASE

SEVENTH. THE HEALTH CARE AGREEMENTS ENTERED INTO UNDER THE MINISTERIAL ORDER OF 18 FEBRUARY 1981 SHALL APPLY FROM THE FIRST DAY OF THE MONTH FOLLOWING THAT OF THEIR SUBSCRIPTION

EIGHTH. -1. IN THE CASE REFERRED TO IN ARTICLE 4 (C) OF THE MINISTERIAL ORDER OF 18 FEBRUARY 1981, THE CONVENTION SHALL REMAIN IN FORCE FOR THE 90 CALENDAR DAYS FOLLOWING THE DEATH OF THE HOLDER IN RESPECT OF FAMILY MEMBERS. INCLUDED IN THAT CONVENTION, PROVIDED THAT THEY ARE SUBROGATED TO THE PAYMENT OF THE CORRESPONDING QUOTAS

2. THE CONVENTION REFERRED TO IN ARTICLE 2 OF THAT ORDER SHALL BE EXTINGUISHED, IN ADDITION TO ANY OF THE CAUSES LISTED IN ARTICLE 4 THEREOF, BY A VOLUNTARY DECISION OF THE PERSONS CONCERNED, DULY COMMUNICATED

ON THE ASSUMPTION THAT, WITH SEVERAL FAMILY MEMBERS INITIALLY SUBSCRIBING TO THE CONVENTION, THE CAUSE OF EXTINCTION WILL OPERATE ONLY IN RESPECT OF ONE OR MORE OF THEM, THE CONVENTION WILL REMAIN IN FORCE IN ALL ITS TERMS, REMAINING SUBSCRIBERS

TRANSIENT DISPOSITION

NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 1, NUMBER 2 AND PARAGRAPH 2, NUMBER 3, OF THIS RESOLUTION, WORKERS OR FAMILY MEMBERS, WHERE APPROPRIATE, MEETING THE REQUIREMENTS OF ARTICLE 1 OF THE ORDER OF 18 FEBRUARY 1981 AND THAT THEY WERE RESIDING IN THE NATIONAL TERRITORY, THEY MAY SUBSCRIBE TO THE SAID CONVENTION WITHIN 90 DAYS OF THE PUBLICATION OF THIS RESOLUTION IN THE OFFICIAL GAZETTE OF THE STATE.

MADRID, JUNE 1, 1981. -SECRETARY OF STATE, JOSE BAREA TEJEIRO

ANNEX 1

SPECIAL HEALTHCARE AGREEMENT NUMBER .....

RETURNED OR FAMILY MIGRANT WORKERS

DON (1) ....... PROVIDED WITH THE NATIONAL IDENTITY CARD OR PASSPORT NUMBER ......., DECLARES THAT YOU HAVE FIXED YOUR RESIDENCE IN SPAIN, IN THE CALLE/PLAZA ....., NUMBER ......, OF THE LOCALITY OF ....., PROVINCE .......

BY THE PROVINCIAL DIRECTORATE OF THE INSS ON ..... IT HAS BEEN CHECKED:

A) WHAT THE WORKER IS OR HAS BEEN A BENEFICIARY OF (2) ....... IN THE COUNTRY (3) ...... HOW YOU DEVELOPED YOUR ACTIVITIES

B) THAT THE DECLARATION IS (4) ..... OF THE SPANISH WORKER EMIGRADO DON ....., WHO MET THE REQUIREMENT AT THE TIME OF THE PRECEDING PARAGRAPH AND WHO DIED ......, IN THE LOCALITY OF ...., PROVINCE OF ....., OF THE NATION ....., AS WELL AS THAT THE DECLARANT HIMSELF AND THE RELATIVES BY THE REPRESENTATIVES MEET THE REQUIREMENTS OF COEXISTENCE AND ECONOMIC DEPENDENCE

C) THAT HAS RETURNED TO SPAIN WITH DATE ......

D) WHICH DOES NOT HAVE A RIGHT FOR THEMSELVES OR FOR FAMILY MEMBERS THAT ARE DETAILED AT THE END OF THIS DOCUMENT TO HEALTH CARE BENEFITS IN THE NATIONAL TERRITORY

E) WHICH, CONSEQUENTLY, HAS THE RIGHT TO SUBSCRIBE TO THE SPECIAL CONVENTION REGULATED IN THE ORDER OF THE MINISTRY OF HEALTH AND SOCIAL SECURITY, OF 18 FEBRUARY 1981

IN ITS VIRTUE, THE NATIONAL INSTITUTE OF SOCIAL SECURITY, OF A PART, AND DON ... ON THE OTHER HAND, THE LATTER ON ITS OWN BEHALF OR AS THE REPRESENTATIVE OF THE FAMILY OF THE DECEASED MIGRANT WORKER, SHALL GRANT THIS SPECIAL CONVENTION, IN ACCORDANCE WITH THE FOLLOWING CLAUSES:

PROTECTED PERSONS RIGHT

FIRST. -AS FOR THE RETURNED WORKER, OR FOR THE FAMILY MEMBERS OF THE PRESENT CONVENTION, WHERE APPROPRIATE, THE OBLIGATIONS SET OUT IN THE PROVISIONS OF THIS CONVENTION ARE SATISFIED, THEY SHALL BE ENTITLED TO THE BENEFITS OF HEALTH CARE BY COMMON DISEASE, MATERNITY OR NON-WORK ACCIDENT WITH THE EXTENSION ESTABLISHED FOR THEM UNDER THE GENERAL SYSTEM OF SPANISH SOCIAL SECURITY, WHICH SHALL BE GRANTED EXCLUSIVELY WITHIN THE NATIONAL TERRITORY

SECOND.-WHEN THE WORKER RETURNED, HOLDER OF THIS AGREEMENT, HAS ESTABLISHED THAT THE PENSION, INCOME OR LUMP SUM OF WHICH HE IS OR HAS BEEN A BENEFICIARY HAS OR HAS BEEN CAUSED BY AN ACCIDENT AT WORK OR BY A SICK PERSON PROFESSIONAL EVENTS ABROAD, HEALTH CARE BENEFITS WILL BE EXTENDED TO TREATMENTS THAT ARE ACCURATE

OBLIGATIONS

THIRD. THE PERSON CONCERNED OR, WHERE APPROPRIATE, THE RELATIVES OF THE PERSON ARE OBLIGED TO PAY THE SPANISH SOCIAL SECURITY, DURING THE TERM OF THIS CONVENTION, A MONTHLY FEE OF PESETAS ....... FOR THE YEAR

THE AMOUNT OF THIS FEE WILL BE REVIEWED ANNUALLY AT THE DISPOSAL OF THE MINISTRY OF LABOUR, HEALTH AND SOCIAL SECURITY. THE TERRITORIAL TREASURY OF SOCIAL SECURITY SHALL NOTIFY THE PERSON CONCERNED OF THE SUCCESSIVE NEW AMOUNTS OF THE QUOTAS TO BE FIXED AND THE RESPECTIVE DATES OF ENTRY INTO FORCE.

FOURTH. THE PAYMENT OF THE FEE SHALL BE MADE IN ADVANCE, WITHIN THE PERIOD OF THE FIRST FIFTEEN DAYS OF THE MONTH TO WHICH THE SETTLEMENT CORRESPONDS, BY MEANS OF THE QUOTATION MARK SPECIALLY ESTABLISHED FOR THESE PURPOSES. THE INCOME SHALL BE MADE THROUGH THE BANKS, SAVINGS BANKS OR OTHER MEANS ESTABLISHED OR ESTABLISHED BY THE GENERAL TREASURY OF SOCIAL SECURITY

FIFTH. THE HOLDER, OR THE FAMILY MEMBERS, SHALL ALSO IMMEDIATELY INFORM THE NATIONAL INSTITUTE OF SOCIAL SECURITY OF ANY CHANGE OF RESIDENCE AND ANY CIRCUMSTANCES WHICH AFFECT OR AFFECT THE RIGHTS AND OBLIGATIONS GOVERNED BY THIS SPECIAL CONVENTION

CONVENTION RESOLUTION CAUSES

SIXTH. THIS SPECIAL CONVENTION SHALL BE RESOLVED BY ANY OF THE FOLLOWING:

(A) FOR LACK OF PAYMENT OF THE QUOTAS CORRESPONDING TO THREE REQUIRED MONTHLY PAYMENTS

(B) THE HOLDER OF THE RIGHT, AS AN ACTIVE WORKER, AS A PENSIONER OR AS A BENEFICIARY, BE LEFT IN ANY SYSTEM OF THE SPANISH SOCIAL SECURITY SYSTEM IN WHICH THE PROTECTIVE ACTION IS INCLUDED MANDATORY STATUS AS A VOLUNTEER, HEALTHCARE DELIVERY

C) BY THE DEATH OF THE RETURNED WORKER, IN WHICH CASE THE CONVENTION SHALL REMAIN IN FORCE FOR THE NINETY CALENDAR DAYS FOLLOWING THE DEATH, IN RESPECT OF THE FAMILY MEMBERS INCLUDED IN IT, PROVIDED THAT THEY ARE SUBROGATED IN THE PAYMENT OF THE CORRESPONDING QUOTAS.

(D) BY VOLUNTARY DECISION OF THE HOLDER, NOTIFIED TO THE NATIONAL INSTITUTE OF SOCIAL SECURITY THIRTY DAYS IN ADVANCE, AT LEAST, TO THE DATE ON WHICH IT WISHES TO TAKE EFFECT. SIMILARLY, THE AGREEMENT OF THE FAMILY OF THE DECEASED RETURNED WORKER WHO WOULD HAVE SIGNED THE AGREEMENT

HOWEVER, IN THE ASSUMPTION THAT, WITH SEVERAL FAMILY MEMBERS INITIALLY SUBSCRIBING TO THE CONVENTION, THE CAUSE OF EXTINCTION WILL OPERATE ONLY IN RESPECT OF ONE OR MORE OF THEM, THE CONVENTION WILL REMAIN IN FORCE, IN ALL ITS TERMS. , FOR THE REMAINING SUBSCRIBERS

IN ANY CASE THE EFFECTIVENESS OF THE RESOLUTION OF THIS CONVENTION SHALL TAKE PLACE FROM THE DAY OF THE MONTH FOLLOWING THAT IN WHICH ONE OF THE EXPRESSED CAUSES OF RESOLUTION OCCURS.

VALID

SEVENTH. THIS CONVENTION ENTERS INTO FORCE ON THE DAY ... FIRST OF THE MONTH FOLLOWING YOUR SIGNATURE

WHAT, IN PROOF OF CONFORMITY, BOTH PARTIES SIGN, IN DUPLICATE, REMAINING IN THE POWER OF EACH OF THEM A COPY OF THE SIGNED AGREEMENT

IN ...... A ....... OF ...... OF 198 ..

INTERESTED OR REPRESENTATIVE OF FAMILY MEMBERS,

THE PROVINCIAL DIRECTOR OF THE NATIONAL INSTITUTE OF SOCIAL SECURITY,

(ANNEX OMITTED)

(1) NAME AND SURNAME OF THE RETURNED WORKER OR THE REPRESENTATIVE OF THE FAMILY MEMBER.

(2) PENSION RENT, LUMP SUM. ENTER AS APPROPRIATE.

(3) NAME OF THE COUNTRY THAT GRANTED THE BENEFIT BEFORE ENTERED.

(4) INDICATE THE RELATIONSHIP WITH THE DECEASED MIGRANT WORKER, THE ONLY ASSUMPTION IN WHICH THIS PARAGRAPH IS TO BE COMPLETED.