Claim of the provider of benefits obliged to render benefits only subsidiarily

(1) Where a provider of benefits obliged to render benefits only subsidiarily has rendered social benefits without the conditions of section 103(1) being met, the provider of benefits against whom the person entitled has, or had, a prior claim is liable to reimburse, insofar as that provider of benefits has not already itself rendered the benefit before obtaining knowledge of the benefit of the other provider of benefits. A provider of benefits is obliged to render benefits only subsidiarily insofar as, had the duty to render benefits of another provider of benefits been fulfilled in time, it would itself not have been obliged to render the benefit. A reimbursement claim does not exist insofar as the subsidiary provider of benefits would also have had to render its benefits had the provider of benefits obliged in priority rendered its benefit. The first sentence applies correspondingly where reimbursement of expenses may be asserted, or a cost contribution levied, by the providers of integration assistance, of social assistance, of social compensation, insofar as these render Special Benefits in the individual case, of soldiers' compensation under Chapter 5 of the Soldiers' Compensation Act, and of youth welfare assistance; the third sentence does not apply in these cases.
(2) Subsection (1) also applies where social benefits have been rendered by a provider of benefits obliged to render benefits only subsidiarily for a relative, and another has, or had, a claim to social benefits, including specially designated parts of benefits, having regard to that relative, against a provider of benefits obliged in priority.
(3) The extent of the reimbursement claim is governed by the legal provisions applicable to the provider of benefits obliged in priority.
(4) Where several providers of benefits are obliged in priority, the provider of benefits that has rendered the social benefit may demand reimbursement only from the provider of benefits for whom it rendered the benefit with discharging effect under section 107(2).