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Judgment No. 264

Decision

THE COMPLAINANT SHALL RECEIVE REIMBURSEMENT BY THE ORGANISATION OF THE DIFFERENCE BETWEEN THE AMOUNT TO WHICH SHE IS ENTITLED IN RESPECT OF HER HUSBAND AND THE AMOUNT TO WHICH HER HUSBAND IS ENTITLED AS AN EMPLOYEE OF THE SNCB.

Considerations

Extract:

the complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the railway corporation. the material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. if the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.

Keywords

complaint allowed; amount; dependant; insurance; illness; insurance benefit; supplementary coverage; difference; right

Considerations

Extract:

under the applicable provision "an official's spouse is included among those who may be regarded as a staff member's dependant and as such is covered by sickness insurance. such an interpretation of [the provision] reflects the actual situation of the spouses, who owe each other a duty of mutual assistance and who, when both are in gainful employment, may be regarded as mutually dependent."

Keywords

dependant; insurance; illness; definition



 
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