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— payment of the costs involved in transporting the body as referred to in Article 40,

— supplementary family allowances paid in accordance with Article 9 (2) and with Article 7 (3) and (5) of Annex IV in respect of a dependent child suffering from serious illness, infirmity or handicap,

— invalidity pensions paid in the event of accident or sickness resulting in permanent invalidity preventing the staff member from performing his duties,

— survivor's pensions paid in the event of the death of a staff member or of a former staff member or the death of a spouse of a staff member or of a former staff member entitled to a pension, where it spouse the not a staff member,

— orphan's pensions paid regardless of age to the child of a staff member or former staff member prevented by serious illness, infirmity or handicap from earning a livelihood after the death of the person on whom he was dependent.

(c) However, the Communities shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted under Article 38a.

(d) The provisions of paragraphs (a), (b) and (c) may not be a bar to direct action by the Communities. ▼

1. Within the limits of the obligations devolving upon it under Article 40, the Foundation shall automatically assume the rights of redress of the official or of those entitled under him against the third party responsible for an accident involving the death of a staff member. 2 (a) Where the death, accidental injury or sickness of a person covered by these conditions of employment is caused by a third party, the Communities shall, in respect of the obligations incumbent upon them under these rules consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim or of those entitled under him against the third party.

(b) The subrogation provided for by the foregoing paragraph shall extend, inter alia, to the following:

— continued payment of remuneration in accordance with Article 30 to the staff member during the period when he is temporarily unfit to work,

— payments effected in accordance with Article 36 following the death of a staff member or of a former staff member entitled to a pension,

— benefits paid under Articles 38 and 38a and Annex V, relating to insurance against sickness and accident,