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Posted the: 2016-01-08 Numac: 2015206008 SERVICE PUBLIC FEDERAL security social 16 December 2015. -Law on the various provisions in the social status of the self-employed PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Amendments to order royal No. 38 of 27 July 1967 organizing the social status of self-employed persons art. (2. in article 11 of the royal decree No. 38 of 27 July 1967 organizing the social status of self-employed persons, replaced by the Act of 22 November 2013 and amended by the Act of April 25, 2014, the following changes are made: 1 ° paragraph 3, subparagraph 6, e), is complemented by a sentence read as follows: "this provision shall not derogate. , in relation to stakeholders within the Group of taxable persons referred to in article 12, § 1, the provisions of § 1. »;
2 ° in paragraph 5, paragraph 4, the word "pension" is every time replaced by the words "own retirement pension", except in the second indent where the word "pension" is replaced by the words "own retirement pension".
S. 3. in article 13, § 1, paragraph 4, of the arrested, as last amended by the Act of April 25, 2014, the words "article 107, paragraph 2, B" are replaced by the words "article 107, § 4, paragraph 3".
S. 4. in article 17 of the same order, replaced by the Act of 22 November 2013 and amended by the Act of April 25, 2014, a written paragraph as follows is inserted between paragraphs 10 and 11: "when the lifting of joint and several liability is granted to the interim reassessment of a particular calendar quarter, this lift is for the amount of the quarterly assessment in this quarter such as fixed following a possible regularization. » Art.
5A article 17ter of the same order, inserted by Act of December 23, 2009, the following amendments are made: 1 ° paragraph 2 is supplemented by the following sentence: "these defences must be brought within a period of thirty days from the date of the notification referred to in paragraph 4.";
2 ° in paragraph 4, the words "within 14 working days following:" shall be replaced by the words "to no later than the last day of the month that follows:";
3 in paragraph 6, inserted by the law of December 27, 2012, the words "the first premium paid unduly is affected by the Fund concerned, after having withheld the amount levied" shall be replaced by the words "the amount of contributions paid unduly is affected by the Fund concerned, after having withheld the amounts collected".
S. 6. in article 22 of the same Decree, as last amended by the Act of April 25, 2014, a paragraph worded as follows is inserted between paragraphs 4 and 5: "self-employed or persons jointly and severally liable under article 15, § 1, can challenge the legality of the decision of the Commission concerning the Court's work. , pursuant to article 581, 1 °, of the Judicial Code. The Labour Court is seized by contradictory motion pursuant to Section 704, § 1, of the Judicial Code.
The query is, under penalty of forfeiture, introduced within two months of notification of the decision.
"CHAPTER 3. -Modifications of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination s. 7. the title of the royal decree of 18 November 1996 establishing a social insurance for the self-employed in bankruptcy, of situations y assimilated or forced termination replaced by the Act of 16 January 2013, is replaced by the following: "Royal decree of 18 November 1996 establishing a gateway for self-employed workers right."
8. in article 1 of the same order, 'insurance in case of bankruptcy' shall be replaced by the words "right bridge".
S. 9. article 1bis of the same order, inserted by the Act of 16 January 2013, is complemented by the 4th, as follows: '4 ° cessation of self-employment economic hardship in the cases referred to in article 2, § § 4 4'
S. 10. article 2 of the same order, replaced by the Act of 16 January 2013, is supplemented by paragraph 4, as follows: "§ § 4 4» It is also applicable, under the conditions and in the manner to be determined by royal decree deliberated in the Council of Ministers, to self-employed workers who, due to economic difficulties, must stop their independent activity. » CHAPTER 4. -Amendment of the law of 28 April 2010 on miscellaneous provisions art. 11. in article 79, paragraph 2, of the law of April 28, 2010, relating to various provisions, the following changes are made: a) 3 °, inserted by the law of December 29, 2010 relating to the various (I) provisions, is replaced by the following: "3 ° any period of temporary interruption of independent activity within the meaning of the royal decree of 27 September 2015 granting an allowance for self-employed workers who temporarily suspends his professional activity to give care to. a person, with a maximum of twelve months; »;
(b) at the 4th, inserted by the law of December 29, 2010 relating to the various (I) provisions, the words "a quarter" are replaced by the words "twelve months".
CHAPTER 5. -Disposition final art. 12. articles 2 to 4 and 6 produce their effect 1 January 2015.
Article 11 has effect 1 October 2015.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 16 December 2015.
PHILIPPE by the King: the Minister of Social Affairs, Ms. Minister of BLOCK of independents, W. BORSUS sealed with the seal of the State: the Minister of Justice, K. GARG
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