Approved
Approved
International Process Guidelines
Sickness Sector
S_BUC_22 – Claim for Interest on late Payment
Date: 11/09/2018
Version of guidelines document: v4.1.0
Based on: S_BUC_14a version 4.1.0
Common Data Model version: 4.1.0
TABLE OF CONTENTS
S_BUC_22 – Claim for Interest on late Payment 5
Request – Reply SEDs: 6
How to start this BUC? 7
What is my role in the social security exchange of information I have to complete? 7
CO.1 Who do I need to notify? 7
CO.2 How do I identify the correct institution to exchange information with? 7
CO.3 How do I proceed after having identified the Counterparty? 7
CO.4 How do I proceed after receiving 'Acknowledgement of claim for interest on late payment – interest ' - SED S027? 8
CO.5 How do I proceed after receiving 'Information on payment – interest' - SED S032? 8
CO.6 How do I proceed after receiving 'Contestation of claim for interest on late payment' - SED S030? 8
CO.7 What should I do if the claim must be changed? 9
CO.8 How do I proceed after receiving 'Contestation of credit note for interest on late payment – interest' - SED S033? 9
CP.1 What should I do if I have received the 'Claim interest on late payment – interest' - SED S026? 9
CP.2 What should I do if I am responsible for the business process? 10
CP.3 What should I do if I am not responsible for the business process? 10
CP.4 What should I do if I need to send 'Contestation of claim for interest on late payment' - SED S030? 10
CP.5 What should I do if I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031? 11
CP.6 What should I do if I have received 'Credit note for interest on late payment – interest' - SED 028? 11
CP.7 What should I do if I I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) ? 11
CP.8 What should I do if I have received 'Reply to contestation of credit
note for interest on late payment – interest' – SED S034? 12
CP.9 What should I need to send 'Information on payment' - SED S032? 12
BPMN diagram for S_BUC_22 13
Structured Electronic Documents (SEDs) used in the process 13
Administrative sub-processes 13
Document history:
Revision
Date
Created by
Short Description of Changes
V0.1
17/07/2017
Secretariat
First draft of the document submitted for review to the Sickness Ad Hoc group
V0.2
31/08/2017
Secretariat
Comments received from AHG integrated:
typo's and language checks
section "Description" simplified
Version submitted for AC review.
V0.99
04/12/2017
Secretariat
Implemented changes and updates following the AC review. Version submitted for AC approval
V1.0
20/12/2017
Secretariat
AC approved version.
V4.1.0
11/09/2018
Secretariat
Performed patch changes to reference the new CDM version 4.1.0
S_BUC_22 – Claim for Interest on late Payment
Description:
The claims for reimbursement on actual costs or fixed amounts shall be paid to the liaison body of the creditor Member State by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor Member State. This
does not apply to the claims which have been rejected for a relevant reason within that period.
From the end of the 18-month period, interest can be charged by the creditor institution on outstanding claims, unless the debtor institution has made, within six months of the end of the month during which the claim was introduced, a down payment of at least90 % of the total claim. For those parts of the claim not covered by the down payment, interest may be charged only from the end of the 36-month period following the month in which the claim was introduced, and in which any disputes concerning a claim shall be settled.
This particular case deals with the situation when a delay of payment occurs on the part of the debtor and the creditor wishes to make a claim interest on late payment.
The claim for interest on late payment (ILP) shall be introduced by the liaison body of the creditor Member State to the liaison body of the debtor Member State within six months following the month during which the late payment was made. The claim for interest on late payments introduced after this deadline shall not be considered.
The interest shall be calculated on the basis of the reference rate applied by the European Central Bank to its main refinancing operations. The reference rate applicable shall be that in force on the first day of the month on which the payment is due.
The interest on late payment shall be paid to the liaison body of the creditor Member State within 12 months of the end of the month during which the claim (ILP) was introduced to the liaison body of the debtor Member State.
The Audit Board shall facilitate the final closing of accounts where a settlement of the claim for interest on late payment was not reached within 12 months, upon a reasoned request by one of the parties. The reasoned opinion of the Audit Board shall be delivered within six months following the month in which the matter was referred to it.
Legal Base: The Business Use Case document's legal base is described in the following Regulations
Basic Regulation (EC) No 883/2004
Implementing Regulation (EC) No 987/2009.
The following matrix specifies the SEDs that are used in this Business Use Case and documents the articles that provide the legal basis for each SED.
SED
Basic Regulation (883/04)
Implementing Regulation (987/09)
35(2)
68
S026 Claim interest on late payment - interest (ILP)
S027 Acknowledgement of claim for interest on late payment - interest (ACK_ILP)
S028 Credit note for interest on late payment - interest (CRN_ILP)
S030 Contestation of claim for interest on late payment - interest (COC_ILP)
S031 Reply to contestation of claim for interest on late payment - interest (RPY_COC_ILP)
S032 Information on payment - interest (PAY_ILP)
S033 Contestation of credit note for interest on late payment - interest (COC_CRN_ILP)
S034 Reply to contestation of credit note for interest on late payment - interest (RPY_COC_CRN_ILP)
Glossary of relevant terms used in S_BUC_22:
Term used
Description
Case Owner
In this BUC the Case Owner is the Creditor Liaison Body of the Member State of Residence or Stay which has introduced a claim for reimbursement on actual costs or fixed amounts which has been paid but not within the deadlines foreseen by Article 67 Reg. (EC) 987/2009.
The Case Owner introduces a claim for default interest in order to demand interest on late payment.
Counterparty
In this BUC the Counterparty is the Debtor Liaison Body of the Competent Member State which has received a claim for reimbursement on actual costs or fixed amounts but didn't pay within the applicable delay.
The Counterparty receives from the Case Owner a claim for default interest in order to pay interest on late payment.
Request – Reply SEDs:
REQUEST SED
REPLY SED(s)
S026 Claim interest on late payment - interest (ILP)
S027 Acknowledgement of claim for interest on late payment - interest (ACK_ILP)
S030 Contestation of claim for interest on late payment - interest (COC_ILP)
S031 Reply to contestation of claim for interest on late payment - interest (RPY_COC_ILP)
S033 Contestation of credit note for interest on late payment - interest (COC_CRN_ILP)
S034 Reply to contestation of credit note for interest on late payment - interest (RPY_COC_CRN_ILP)
How to start this BUC?
In order to help you understand the S_BUC_22 we have created a set of questions that will guide you through the main scenario of the process, as well as possible sub-scenarios or options available at each step along the way. Ask yourself each question and click on one of the hyperlinks that will guide you to the answer in the next step within this document or to another separate file. You will notice that in some of the steps, where it is allowed to use the additional horizontal and administrative sub-processes, they will be listed under the step description.
What is my role in the social security exchange of information I have to complete?
If you are the Creditor Liaison Body of the Member State of Residence or Stay which has introduced a claim for reimbursement on actual costs or fixed amounts which has been paid but not within the deadlines foreseen by Article 67 Reg. (EC) 987/2009 and introduce a claim for default interest in order to demand interest on late payment, then your role will be defined as the Case Owner.
I am the Case Owner. (step CO.1)
If you are Debtor Liaison Body of the Competent Member State which has received a claim for reimbursement on actual costs or fixed amounts but didn't pay within the applicable delay and receives from the Case Owner a claim for default interest in order to pay interest on late payment, then your role will be defined as the Counterparty.
I am the Counterparty. (step CP.1)
CO.1 Who do I need to notify?
As the Case Owner, your first step in any new exchange of information will be to identify the Member State that you need to exchange information with. The second step is to identify the relevant institution(Liaison body of the Member State of Residence or Stay) in this Member State that is responsible to treat the information you sent. In this Business Use Case, the institution can be chosen only among the institutions (Liaison body of the Member State of Residence or Stay) responsible for health insurance. This activity will define the Counterparty you will be working with. There can only be one Counterparty in this Business Use Case.
Please note that reimbursement occur only between Liaison Bodies.
Please note that there can only be one Counterparty in this Business Use Case.
I need to identify the Counterparty. (step CO.2)
I have identified the Counterparty. (step CO.3)
CO.2 How do I identify the correct institution to exchange information with?
In order to determine the relevant Competent Institution from other Member State you will need to consult the Institution Repository (IR). The IR provides an electronic record of all current and previous Competent Institutions and Liaison Bodies that have been responsible for the cross border coordination of social security information for each of the relevant Member States.
Please note that in this BUC the counterparty is the Liaison Body to which you have confirmed the date of receipt of the late payment (SED S092/S117).
To access the IR please use the following link.
I have now identified the Competent Institution(s) from the Member State(s) I need to contact. (step CO.3)
CO.3 How do I proceed after having identified the Counterparty?
The claim for interest on late payment shall be introduced by you to the Counterparty within six months following the month during which the late payment was made. The claim for interest on late payments
introduced after this deadline shall not be considered.
After you identify the Counterparty, fill out 'Claim interest on late payment – interest' – SED S026 by entering the required information. It contains global information for the claim for interest on late payment and other individual information. This SED has to refer to only one
'Claim for reimbursement ' - SED S080 or one 'Inventory of months relating to reimbursement on the basis of fixed amounts' - SED S100.
Send the SED S026 to the Counterparty.
The Counterparty receives SED S026. Then the Counterparty creates and sends to you the 'Acknowledgment of claim for interest on late payment' – SED S027 to confirm to you that they received the request for a claim for interest on late payment.
I have received 'Acknowledgement of claim for interest on late payment – interest' - SED S027 (step CO.4)
Alternatively, depending on the circumstances of the case, you may optionally change the claim you have just sent:
I need to change the claim sent? (step CO.7)
CO.4 How do I proceed after receiving 'Acknowledgement of claim for interest on late payment – interest ' - SED S027?
After receiving 'Acknowledgement of claim for interest on late payment – interest' – SED S027, alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I have received 'Information on payment' - SED S032. (step CO.5)
I have received 'Contestation of claim for interest on late payment' - SED S030. (step CO.6)
I need to change the claim sent? (step CO.7)
I have received the SED S033: "Contestation of credit note for interest on late payment – interest" (COC_CRN_ILP) from the Counterparty (step CO.8)
CO.5 How do I proceed after receiving 'Information on payment – interest' - SED S032?
The interest on late payment shall be paid to you within 12 months of the end of the month during which the claim was introduced to the Counterparty.
The Counterparty (Liaison Body of the debtor state) creates the 'Information on payment – interest' – SED S032 whereby he/she announces to you the payment notification/ which invoices will be paid. This SED will contain Global information on payment of claim for interest on late payment and all the information linked to the Individual Claim which will be paid. The Counterparty will send SED S032 to you.
You receive SED S032. You don’t have any action to do as there is no acknowledgement of the payment in this payment process.
If there are additional payments, the Counterparty will send a new SED S032.
If there are no additional payments, the business use case ends here.
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I have received 'Contestation of claim for interest on late payment' - SED S030. (step CO.6)
I need to change the claim sent? (step CO.7)
I have received the SED S033: "Contestation of credit note for interest on late payment – interest" (COC_CRN_ILP) from the Counterparty (step CO.8)
CO.6 How do I proceed after receiving 'Contestation of claim for interest on late payment' - SED S030?
You can receive a contestation before the deadline when the interest on late payment shall be paid (12 months of the end of the month during which the claim (ILP) was introduced to the Counterparty)
The Counterparty fills out 'Contestation of claim for interest on late payment – interest' - SED S030. This SED
will contain global information about the 'Contestation of claim for interest on late payment – and individual information about the claims which are contested. Then the Counterparty will send the SED to you.
You receive SED S030 and fill out 'Reply to contestation of claim for interest on late payment – interest' – SED S031.
If you agree with the contestation, you adjust the amount of the respective claim in your accounting system and confirm the acceptance using the SED S031.
If you refuse the contestation, you notify this decision and the reason of refusal using the SED S031
You send the SED S031 to the Counterparty. The contestation sub- process ends here.
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I need to change the claim sent? (step CO.7)I have received 'Contestation of credit note for interest on late payment' - SED S033. (step CO.7)
Please note that the Audit Board shall facilitate the final closing of accounts where a settlement of the claim for interest on late payment was not reached within 12 months, upon a reasoned request by you or by the Counterparty. The reasoned opinion of the Audit Board shall be
delivered within six months following the month in which the matter was referred to it.
CO.7 What should I do if the claim must be changed?
If the claim must be changed, you have to create and send to the Counterparty a 'Credit note for interest on late payment – interest' – SED S028. Include in this SED the reference number of the original claim which is in 'Claim interest on late payment – interest' - SED S026. Each credit note must refer to a specific invoice.
If the Counterparty accepts the SED S026 Credit note for interest on late payment -interest, the process "Credit Note interest on late payment" ends here.
Alternatively, the Counterparty can contest the "Credit Note of interest on late payment". In this case, the Counterparty fills out the SED S033: "Contestation of credit note for interest on late payment – interest" (COC_CRN_ILP) and sends it to you.
I have received the SED S033: "Contestation of credit note for interest on late payment – interest" (COC_CRN_ILP) from the Counterparty (step CO.8)
CO.8 How do I proceed after receiving 'Contestation of credit note for interest on late payment – interest' - SED S033?
Optionally the Counterparty creates a 'Contestation of credit note for interest on late payment – interest' – SED S033 where he/she notifies disagreement with the creditor's credit note for interest on late
payment. The Counterparty sends SED S033 to you.
You then fill out 'Reply to contestation of credit note for interest on late payment' – SED S034 and select the appropriate reply code. Send the SED S034 to the Counterparty. The Credit note for interest process ends here.
CP.1 What should I do if I have received the 'Claim interest on late payment – interest' - SED S026?
The claim for interest on late payment (ILP) shall be introduced by the Case Owner to you within six months following the month during which the late payment was made. The claim for interest on late payments introduced after this deadline shall not be considered.
You have received 'Claim interest on late payment' – SED S026 from the Case Owner. First, you check if you are responsible for the business process in accordance with your national procedures.
I am responsible for the business process. (step CP.2)
I am not responsible for the business process. (step CP.3)
CP.2 What should I do if I am responsible for the business process?
You have received 'Claim interest on late payment' – SED S026 from the Case Owner and you are responsible for the business process.
Fill out 'Acknowledgment of claim for interest on late payment' – SED S027 to confirm to the Case Owner that you received the request for a claim for interest on late payment. Send the SED S027 to the Case
Owner.
After sending the S027, if you agree with the Claim for reimbursement of interest on late payment, you have to send 'Information on payment' - SED S032.
I need to send 'Information on payment' - SED S032 (Step CP.9)
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received 'Credit note for interest on late payment – interest' - SED
028 (Step CP.6)
CP.3 What should I do if I am not responsible for the business process?
If your Member State was chosen incorrectly as a recipient of 'Claim interest on late payment' – SED S026, you have to reject the SED using the contestation process.
First fill out 'Acknowledgment of claim for interest on late payment' – SED S027 to confirm to the Case Owner that you received the request for a claim for interest on late payment. Send the SED S027 to the Case Owner, then contest the claim using S030 with reason “99-Other = Wrong Debtor Member State” in all the individual claims.
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
CP.4 What should I do if I need to send
'Contestation of claim for interest on late payment' - SED S030?
You can send a contestation before the deadline when the interest on late payment shall be paid (12 months of the end of the month during which the claim (ILP) was introduced to the Counterparty)
Fill out 'Contestation of claim for interest on late payment – interest' - S030. This SED will contain global information about the contestation of claim for interest on late payment and individual information about the claims which are contested. Then send it to the Case Owner.
The Case Owner receives SED S030 and fill out 'Reply to contestation of claim for interest on late payment – interest' – SED S031.
If the Case Owner agrees with the contestation, he’ll adjust the amount of the respective claim in his accounting system and confirm the acceptance to you. The contestation process ends here.
If he refuses the contestation, he’ll notify you in the 'Reply to contestation of claim for interest on late payment' - SED S031 and provides you with the reason.
Please note that the Audit Board shall facilitate the final closing of accounts where a settlement of the claim for interest on late payment was not reached within 12 months, upon a reasoned request by you or by the Case Owner. The reasoned opinion of the Audit Board shall be delivered within six months following the month in which the matter was referred to it.
I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031 (step CP.5)
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I have received 'Credit note for interest on late payment – interest' - SED
028 (Step CP.6)
I need to send "Contestation of credit note for interest on late payment – interest - SED S033 "
(COC_CRN_ILP) to the Case Owner (step CP.7)
I have received 'Reply to contestation of credit note for interest on late payment – interest' - SED S034 (step CP.8)
I need to send 'Information on payment' - SED S032 (Step CP.9)
CP.5 What should I do if I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031?
The Case Owner will reply to the 'Contestation of claim for interest on late payment – interest' – SED S030 with 'Reply to contestation of claim for interest on late payment – interest' – SED S031 and send the SED S031 to you.
You receive SED S031. If you are agree with the reply, the contestation of claim process ends here, if you aren’t agree, you can send a new contestation
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received 'Credit note for interest on late payment – interest' - SED
028 (Step CP.6)
I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) to the Case Owner (step CP.7)
I have received 'Reply to contestation of credit note for interest on late payment – interest' – SED S034 (step CP.8)
I need to send 'Information on payment' - SED S032 (Step CP.9)
CP.6 What should I do if I have received 'Credit note for interest on late payment – interest' - SED 028?
The Case Owner creates and sends to you a 'Credit note for interest on late payment – interest' – SED S028. The SED should include the reference number of the original claim 'Claim interest on late payment – interest' – SED S026. Each credit note must refer to a specific invoice.
You receive 'Credit note for interest on late payment – interest' – SED S028. Unless, you want to contest the credit note, the credit notes process ends here.
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031 (step CP.5)
I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) to the Case Owner (step CP.7)
I need to send 'Information on payment' - SED S032 (Step CP.9)
CP.7 What should I do if I I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) ?
You have received 'Credit note for interest on late payment – interest' – SED S028 and you want to refuse the credit note.
Fill out a 'Contestation of credit note for interest on late payment – interest' – SED S033, where you notify disagreement with the creditor's credit note for interest on late payment and send it to the Case Owner.
The Case Owner receives the SED S033. Then fills out 'Reply to contestation of credit note for interest on late payment – interest' - SED S034 and sends it to you. You receive SED S034.
Alternatively, depending on the circumstances of the case, any of the below steps can occur/be taken:
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031 (step CP.5)
I need to send 'Information on payment' - SED S032 (Step CP.9)
I have received 'Reply to contestation of credit note for interest on late payment – interest' – SED S034 (step CP.8)
CP.8 What should I do if I have received 'Reply to contestation of credit note for interest on late payment – interest' – SED S034?
You have received 'Reply to contestation of credit note for interest on late payment – interest' - SED S034.
If you are agree with the reply, the process credit note ends here.
Alternatively, depending on the circumstances of the case, any of the
below steps can occur/be taken:
I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) to the Case Owner (step CP.7)
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031 (step CP.5)
I need to send 'Information on payment' - SED S032 (Step CP.9)
CP.9 What should I need to send 'Information on payment' - SED S032?
The interest on late payment shall be paid to the Case Owner within 12 months of the end of the month during which the claim (ILP) was introduced to you.
You have received 'Claim interest on late payment' – SED S026 from the Case Owner and confirmed the receipt by sending the S027 and you are agree with the Claim for reimbursement of interest on late payment.
Fill out 'Information on payment' - SED S032 and send it to the Case Owner.
The SED S032 describes the schedule for payment. It provides only the information about which invoices will be paid;
You won’t receive any acknowledgment of the payment when the Case Owner receives the S032.
If there are additional payments, you have to fill out a new SED S032 and send it to the Case Owner, if no additional payment, the case ends here.
Alternatively, depending on the circumstances of the case, any of the
below steps can occur/be taken:
I need to send 'Contestation of claim for interest on late payment' - SED S030. (step CP.4)
I have received the 'Reply to contestation of claim for interest on late payment ' - SED S031 (step CP.5)
I have received 'Credit note for interest on late payment – interest' - SED
028 (Step CP.6)
I need to send "Contestation of credit note for interest on late payment – interest - SED S033 " (COC_CRN_ILP) to the Case Owner (step CP.7)
I have received 'Reply to contestation of credit note for interest on late payment – interest' – SED S034 (step CP.8)
Please note that the Audit Board shall facilitate the final closing of accounts where a settlement of the claim for interest on late payment was not reached within 12 months, upon a reasoned request by you or by the Case Owner. The reasoned opinion of the Audit Board shall be delivered within six months following the month in which the matter was referred to it.
BPMN diagram for S_BUC_22
Click here to open the BPMN diagram(s) for S_BUC_22.
Structured Electronic Documents (SEDs) used in the process
The following SED is used in S_BUC_22:
S026: Claim interest on late payment – interest (ILP)
S027: Acknowledgement of claim for interest on late payment – interest (ACK_ILP)
S028: Credit note for interest on late payment – interest (CRN_ILP)
S030: Contestation of claim for interest on late payment (COC_ILP)
S031: Reply to contestation of claim for interest on late payment (RPY_COC_ILP)
S032: Information on payment – interest (PAY_ILP)
S033: Contestation of credit note for interest on late payment – interest (COC_CRN_ILP)
S034: Reply to contestation of credit note for interest on late payment – interest (RPY_COC_CRN_ILP)
Administrative sub-processes
The following technical administrative sub-processes can be used at any point in the process:
AD_BUC_11_Sub-process – Business Exception
AD_BUC_12_Subprocess – Change of Participant