Hungarian State Treasury

The occupational hazard allowance of miners for miners is a regular cash benefit for health impairment caused by underground mining activities, subject to the eligibility conditions set out below.

Those who previously received miners' earnings supplements due to health impairment are entitled to occupational hazard allowance of miners if

• the health impairment is at least 29 percent, and
• is not entitled to an old age pension,
• is not in receipt a regular cash payment, earnings supplement, temporary earnings supplement, income supplement, temporary income supplement, and
• does not engage in gainful activity when the allowance is established.

Who received an invalidity or accident related invalidity pension on December 31, 2011, and then received benefits that changed to benefits for persons with changed working capacity from January 1, 2012, can claim the occupational hazard allowance of miners if

• has worked underground for at least 10 years at a mining undertaking,
• has suffered, during or after the mining service, but as a result of the mining activity, a 29% impairment of health,
• is not in receipt a regular cash payment, earnings supplement, temporary earnings supplement, income supplement, temporary income supplement, and
• is not entitled to an old age pension.

The occupational hazard allowance of miners must be applied for from the government office acting as the pension insurance administration body of the applicant's place of residence, using the form "Claim for occupational hazard allowance of miners for miners".

The application for an allowance can be submitted in person, by post or electronically.

It may be submitted in person at the customer service of the government office of the capital or county according to the place of residence or stay.

If it is submitted by post, the envelope must be marked with name of the government office addressed and the uniform postal address of 1916 Budapest.

Electronically, persons with electronic identification can submit their claim for occupational hazard allowance of miners using the form "Claim for occupational hazard allowance of miners for miners (NY_BANYEGK_01)" available at www.magyarorszag.hu under Pension > Claim for benefits.

The contact details of the government offices can be found at www.kormanyhivatalok.hu.

In the case of claim submitting according to the eligibility criteria listed in the first group of persons:

If a final decision or the statement of the medical expert body on health impairment is available, it must be submitted at the same time as the application.

In the lack of this, the medical referral from a general practitioner which contains a summary of the medical condition and treatment of the person concerned and is issued for the purpose of assessing the change in their capacity for work must be attached.

The enclosing of the therapist’s opinion describing the treatment and current condition, the hospital discharge report, the specialist medical results is only necessary if access to the documents is restricted in the National eHealth Infrastructure (hereinafter EESZT) or are not available at EESZT.

In this case, the claim for occupational hazard allowance of miners allowance can be asserted during the duration of the gainful activity, or within 24 months from the termination of gainful activity, during which the earnings supplement, temporary earnings supplement was paid.

The 24-month deadline does not include

• the duration of the payment of accident related sick pay following the termination of gainful activity, and
• the duration of unemployment benefits.

In the case of claim submitting according to the eligibility criteria listed in the second group of persons the following documents must be attached:

• a general practitioner's referral, which contains summary data on the state of health and medical treatment and was issued for the purpose of commenting on the change in working capacity,
• a certificate entitling to a grant received upon the termination of the mining relationship,
• other available documents proving eligibility.

The enclosing of the therapist's opinion describing the treatment and current condition, the hospital discharge report, the specialist medical results is only necessary if access to the documents is restricted in the National eHealth Infrastructure (hereinafter EESZT) or they are not available at EESZT.

In the latter case, the application for the allowance can be submitted as follows:

• if a complex health review has been carried out, within 24 months of the decision made during the review becoming final, exceeding this limited period will result in loss of rights,
• if a complex health review has not been carried out, the claim for the allowance can be submitted for without a time limit.

A personal examination may take place if the claimant's health impairment cannot be assessed on the basis of the medical documents attached by the claimant and available in the EESZT. In this case, the medical expert body summons the client for a personal examination.

In the event of a summon, attendance at the examination is mandatory, therefore, if the claimant fails to appear at the personal examination through fault of his/her own, this is considered a withdrawal of the claim.

The administrative time limit is

• 35 working days if the extent of the claimant's health impairment must be examined as a professional matter in the procedure,
• 17 working days if the extent of the claimant's health impairment does not need to be examined in the procedure.

The established benefit will be paid by the Pension Payment Directorate of the Hungarian State Treasury within 10 workdays of the decision being issued.

According to the main rule, the occupational hazard allowance of miners can be established from the date of submission of the application at the earliest, retroactive establishing is not possible.

A special rule applies in the event that the applicant in in receipt benefits for persons with changed working capacity, as the allowance in this case can be determined from the day after the day the benefit was terminated.

In the first case, the amount of the occupational hazard allowance of miners is the same as the amount of the previously determined earnings supplement or temporary supplement, with the exception that this amount cannot be higher than three times the amount of the social reference base increased by the amount of the monthly increase in pension benefits in January 2013, i.e. HUF 89,950.

In the second case, the amount of the occupational hazard allowance of miners is the same as the amount of benefits paid for persons with changed working capacity, as follows:

• if the complex review was carried out, the amount due for the month before the review,
• if the complex review does not carried out, the amount due for the month before the termination of the benefit.

In the latter case, the allowance can be established from the day following the day of termination of benefits for persons with changed working capacity.

If a person receiving the occupational hazard allowance of miners is also entitled to a widow's pension, with the exception of the temporary widow's pension, is entitled to a reduced amount of the occupational hazard allowance of miners.

According to the main rule, in this case the widow/widower is entitled to 50% of the amount of allowance paid, but if the combined amount of the widow's/widower's pension and the allowance does not reach the total amount of the allowance, then the difference between the widow's/widower's pension and the 100% amount of the allowance is also paid.

When determining the amount of the reduction, benefits corresponding to a widow's/widower's pension from a state covered by the EU regulations on the coordination of social security systems and international agreements on social security are also taken into account.

No appeal may be lodged. If the decision is unlawful, a statement of claim can be lodged against the decision within 30 days to have it reviewed by the court with jurisdiction over the administrative college of the place of residence.

The letter of claim must be lodged, free of charge, with the pension insurance body which took the decision or sent by registered post. After electronic identification, the claim can also be filed electronically on the https://epapir.gov.hu/ interface. After entry, in the subject group "Jogorvoslat" the case type "Közigazgatási szerv határozatának bírósági felülvizsgálata iránti keresetlevél benyújtása" should be selected.