Lexipedia

SED R017 – Request for recovery/precautionary measures

This SED starts the Business Use Case R_BUC_07. It is the request for recovery or precautionary measures in another Member State. The request includes information about:

Accepting payment by instalment and

The requirement to consult before accepting a proposal for payment by instalment.

First you have to indicate whether the request is for precautionary measures or for recovery. Please note that requests for precautionary measures will be considered and decided by the Counterparty in accordance with its national legislation and administrative practice.

In every case, you need to provide information on the declaration, the type of claim, who it concerns, claim details, the overall amount, and the indication on the agreement to accept payment by instalments.

Depending on whether you indicate that the SED concerns a person or an employer under 'Concerns', the relevant section 'Person' or 'Employer' also becomes mandatory. When it concerns an Employer, it is optional to include details on related persons, relevant for this Employer. Please note that nationality in the section ‘Person’ can be repeated if the person has dual nationality.

The section 'Person' is repeatable. So in cases of overpaid survivors benefits please provide data for the beneficiary and for the deceased insured person separately. If the debtor is a third person (e.g. a person who received the money after the death of a pension recipient or a liable heir) you can provide data for the debtor and for the deceased insured person and eventually also for the deceased recipient of the survivors benefit. This will help the Counterparty to assign the case correctly.

It is optional to provide information on third parties holding assets of the debtor. In most cases you will not have this information. The purpose of this section is to provide additional information that could

help the Counterparty recover the claim. Only complete this section if you have information about a third party based in the country of the Counterparty who holds assets belonging to the debtor.

'The Claim' section can be repeated for a debt of more than one claim. You have to indicate the 'Exchange rates used on date of request', when the Currency of the Sending and Receiving Institution is different. The exchange rate can be repeated if neither your national currency nor that of the Counterparty is Euro (EUR). Then you have to convert your currency into Euro and then from Euro into the currency of the Counterparty. Indicate both exchange rates using the format displayed on the European Central Bank exchange rate website. For example: for exchange rate Danish Krone into British Pound. Danish Krone (DKK) to Euro (EUR) is 7.4520 and British Pound (GBP) to Euro (EUR) is

0.84745. The exchange rates are published and usually updated by 3

p.m. daily by the European Central Bank. Use the exchange rate that applies at the end of the working day immediately preceding the day on which the first request for recovery is sent (see Decision No H3 of 15th October 2009, amended by Decision No H7 of 25th June 2015). If both currencies are Euro the 'Exchange rate has to be filled with "1.0".

Note that for Identification of the claim, the 'Reference to identify the instrument permitting enforcement' is a mandatory field'. The claim is to be accompanied by the original or certified copy of the instrument permitting enforcement(s) covering the whole of the debt. The purpose of this

point is to help the Counterparty identify the appropriate document where there is more than one. If the Counterparty needs the official IPE, you will have to send it to them by post.

When the SED is used for recovery, it is mandatory to complete the bank details.

Optionally, the Local Case Number can be used to link the case with one or more corresponding local cases for a Country and/or the specific Institution. This way a connection can be made between the corresponding local cases involved, which may be helpful when processing the case.

It is possible to add attachments to R017.

In order to see the content and explanatory notes of the SED R017 please click here.