Act On The Amendment Of December 19, 1939 Coordinated Laws On Family Allowances For Salaried Workers (1)

Original Language Title: Loi portant modification des lois coordonnées du 19 décembre 1939 relatives aux allocations familiales pour travailleurs salariés (1)

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belgiquelex.be - Carrefour Bank of Legislation

4 AVRIL 2014. - Act Amending the Coordinated Laws of 19 December 1939 concerning Family Allowances for Employees (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The title of the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers is replaced by the following title:
"General Family Allowance Act (FSA)"
Art. 3. Article 1er the same coordinated laws, replaced by the Act of 22 December 1989, which becomes section 1/1, is replaced by the following:
"Art. 1/1. Is subject to this Act:
1° Whoever, established in Belgium or attached to an operating seat established in Belgium, occupies staff in the bonds of a labour contract;
2° Whoever engages in a professional activity in Belgium as an independent and affiliated to a social insurance fund referred to in Article 20, § 1er, of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers or of the National Auxiliary Social Insurance Fund for Independent Workers referred to in Article 20, § 3, of the same Royal Decree.
Art. 4. In the same coordinated laws, the title of Chapter 1er, is replaced by the following:
"CHAPITRE 1erbis. - Subjects."
Art. 5. In the same coordinated laws, a new chapter 1 is inserted.er entitled "CHAPITRE 1er. - Definitions."
Art. 6. In chapter 1er new to the same coordinated laws, it is inserted an article 1er as follows:
Article. 1er. For the purposes of this Act, it shall be understood by:
1° "employed worker": the person bound by a labour contract;
2° "self-employed": the self-employed person, the caregiver or the spouse in the sense of Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers;
3° FAMIFED: Federal Agency for Family Allowances. ".
Art. 7. In section 2 of the same coordinated laws, replaced by the Act of 22 December 1989 and amended by the Act of 22 December 2003, the words "article 1er"are replaced by the words "article 1/1, 1°".
Art. 8. In section 3 of the same coordinated laws, replaced by the Act of 22 December 1989 and last amended by the Royal Decree of 11 December 2013, the words "to these Acts" are replaced by the words "to this Act".
Art. 9. In section 4 of the same coordinated laws, replaced by the Act of 22 December 1989, the words "the National Office for Family Allowances for Employees" are replaced by the words "the Federal Agency for Family Allowances (FAMIFED)" and the words "the present laws" are replaced by the words "of this Act".
Art. 10. In the same coordinated laws, the title of Chapter II is replaced by the following:
"CHAPITRE 2. - From the obligation of the subordinates to join a family allowance fund or the federal family allowance agency"
Art. 11. Article 15 of the same co-ordinated laws, the current text of which will form paragraph 1er the following modifications are made:
1° to paragraph 1er, modified by the royal decree of October 25, 1960, the words "caisse de compensation for family allowances" are replaced by the words "caisse d'allocations familiale libre";
2° in the same paragraph 1er, the words "special cash" are replaced by the words "special family allowances" and the words "the National Office of Family Allowances for Employees established by Article 2 of the Law of 26 July 1960" are replaced by the word "FAMIFED";
3° in paragraph 3, as amended by the Royal Decree of 25 October 1960, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale" and the words "l'Office national" are replaced by the word "FAMIFED";
4° in the same paragraph 3, the word "workers" is replaced by the words "workers";
5° in the same paragraph 3, the words "special cash" are replaced by the words "special family allowance cash";
6° in paragraph 5, replaced by the law of 29 April 1996, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale" and the words "l'Office national" are replaced by the word "FAMIFED";
7° in the same paragraph 5, the word "workers" is replaced by the words "workers";
8° in paragraph 6, inserted by the law of 8 June 2008, the words "worker" are replaced by the words "worker";
9° the article is supplemented by paragraphs 2, 3 and 4, as follows:
"§2. The self-employed person shall, for the granting and payment of his or her family benefits, report to the family allowance organization as referred to in § 3.
The intervention of FAMIFED or FAMIFED family allowances is free for the independent worker. It covers the same periods of affiliation as those of its social insurance fund for independent workers.
§ 3. Each social insurance fund for self-employed persons referred to in Article 20, § 1er, of the aforementioned Royal Decree No. 38 of 27 July 1967 entrusts, on the basis of a convention, the task of granting and paying the family benefits to the free family allowance fund which belongs to the same administrative complex as this social insurance fund.
When the social insurance fund for self-employed persons referred to in Article 20, § 1er, of Royal Decree No. 38 of 27 July 1967 referred to above, does not belong to any administrative complex or when it is part of an administrative complex to which no family allowances are owned, it entrusts this mission, on the basis of a convention, to the family allowances it chooses or to FAMIFED.
The social insurance funds referred to in paragraph 2 have a period of sixty days to make their choice. This deadline starts on 1er May 2014 or, for those formed as of June 30, 2014, from the day they acquire the legal personality.
The Management Committee shall determine the mandatory references to be included in the convention referred to in the first and second paragraphs. The Management Committee approves the agreement after verification of the mandatory references referred to above. The review of the Management Committee focuses solely on compliance with the requirement for mandatory references.
The provisions of the preceding four paragraphs shall apply without prejudice to the provisions of Article 175/3.
This mission is entrusted to a single family allowance fund or to FAMIFED and covers all self-employed persons affiliated with social insurance funds referred to in paragraphs 1er and 2.
The administrative procedures for the free family allowance fund or FAMIFED are dependent on the social insurance fund to which the independent worker is affiliated.
§ 4. The rightful removal for the granting and payment of their family benefits from FAMIFED:
1° the independent worker affiliated with a social insurance fund for self-employed persons referred to in Article 20, § 1er, of Royal Decree No. 38 of 27 July 1967 referred to above, which does not belong to any administrative complex or is part of an administrative complex to which no family allowances are owned and which has not made the choice referred to in § 3, paragraph 2;
2° the independent worker affiliated to the National Auxiliary Social Insurance Fund for Independent Workers referred to in Article 20, § 3, of the same Royal Decree.
FAMIFED's intervention is free for the independent. It covers the same periods of affiliation as those of its social insurance fund for independent workers. ".
Art. 12. In section 16 of the same coordinated laws, the following amendments are made:
1° in the preliminary sentence the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale";
2° to b) the words "caisse de compensation" are replaced by the words "caisse d'allocations familial".
Art. 13. In Article 17 of the same coordinated laws, the words "primary cash" are replaced by the words "free family allowance cash".
Art. 14. In section 18 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, last amended by the law of 30 December 1992, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale";
2° in the same paragraph 1er, the words "family allowance cash" are replaced by the words "family allowance cash";
3° in paragraph 2, replaced by the Act of 2 August 2002, the words "an organization" are replaced by the words "a body";
4th in paragraph 4, inserted by the Royal Decree of 27 May 2004, the words "an organization" are replaced by the words "a body".
Art. 15. Article 18bis of the same coordinated laws, inserted by the law of 1er August 1985, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED" and the words "to these Acts" are replaced by the words "to this Act".
Art. 16. In the same coordinated laws, the title of Chapter III is amended as follows:
"CHAPITRE 3. - Family allowances.
Art. 17. In the same coordinated laws, the title of section 1er Chapter III is amended to read:
"Section 1re- Free family allowances."
Art. 18. In section 19 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, the words "family allowance cash" are replaced by the words "free family allowance cash";
2° to paragraph 2, as amended by the law of 27 December 2004, the word "caisse" is replaced by the words "caisse d'allocations familiale libre" and the words "et caisses d'assurances sociales" are inserted between the words "employees" and the word "affiliated";
3° paragraph 3 is supplemented by the words "and in relation to the name of each Affiliated Social Insurance Fund, the number of self-employed persons who are affiliated with this caisse is listed".
Art. 19. Article 20, paragraph 1er, of the same coordinated laws, replaced by the law of 27 December 2004, the word "free" is inserted between the words "caisse d'allocations familiale" and the words "must enjoy".
Art. 20. Article 20bis of the same coordinated laws, inserted by the law of 27 December 2004, the current text of which will form paragraph 1er, is supplemented by paragraph 2 as follows:
"§2. The social insurance fund that entrusted the assignment of granting and payment of family benefits under Article 15, § 3, paragraph 1er or 2, is a member of the association. This quality is not recognized to the independent worker affiliated with the said Social Insurance Fund. ".
Art. 21. Article 22bis, § 1erthe following amendments are made:
1° to paragraph 1er the words "or in favour of an affiliate social insurance fund" are inserted between the words "affiliated employer" and the words "under conditions";
2° in paragraph 2 the words "by affiliated employer" are replaced by the words "by employer or insurance company affiliated" and the words "and social insurance funds" are inserted between the words "between employers" and the word "affiliated";
3° in paragraph 3 the words "or social insurance funds" are inserted between the words "employees or not," and the words "who sit".
Art. 22. Article 22quater, paragraph 1er, of the same coordinated laws, inserted by the law of 27 December 2004, the words ", these laws" are repealed.
Art. 23. In section 23 of the same coordinated laws, the following amendments are made:
1° to paragraph 1eras amended by the Act of 30 December 1992, the following amendments are made:
(a) in the preliminary sentence the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale libres";
(b) at 2° the words "and social insurance funds" are inserted between the words "employers" and the word "affiliated";
(c) at 3° the words "and social insurance funds" are inserted between the words "employers" and the word "affiliated";
(d) a 4° is inserted, as follows:
"4° the total number of persons employed by the affiliated employers and self-employed members of the affiliated social insurance funds is at least three thousand. ";
2° paragraph 2 is repealed;
3° to paragraph 3, as amended by the Royal Decree of January 23, 1976, which becomes paragraph 2, the words "affiliated and fifteen hundred workers" are replaced by the words "employees and social insurance funds affiliated on the one hand and fifteen hundred persons occupied at work and self-employed on the other."
Art. 24. In section 24 of the same coordinated laws, the following amendments are made:
1° to paragraph 2, as amended by the Act of 30 December 1992, the words "and social insurance funds" are inserted between the words "employers" and the word "affiliated";
2° in paragraph 3, (b) the words "by article 156 below" are replaced by the words "by the Social Criminal Code";
3° to paragraph 4, as amended by the Act of 30 December 1992, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale libre";
4° in paragraph 6, replaced by the Royal Decree of 25 October 1960, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
5° in paragraph 7, replaced by the law of 12 August 2000, the word "free" is inserted between the word "familial" and the word "concerned";
6° in paragraph 8, replaced by Royal Decree No. 68 of 10 November 1967, the words "Minister of Social Welfare" are replaced by the words "Minister who has Social Affairs in his jurisdiction".
Art. 25. Article 26, paragraph 1er, of the same coordinated laws, as amended by the law of 27 December 2004, the words "caisses de compensation" are replaced by the words "caisses d'allocations famille libre".
Art. 26. In section 28 of the same coordinated laws, replaced by the Act of 29 March 2012 and amended by the Act of 21 December 2013, the following amendments are made:
1° to paragraph 1erthe following amendments are made:
(a) in the first sentence, the words "the National Office of Family Allowances for Employee Workers" are replaced by the word "FAMIFED" and the word "free" is inserted between the word "family" and the words ", within the time";
(b) in (a), the word "free" is inserted between the word "familial" and the words ", is lower";
(c) the word "caisse" is replaced by the words "caisse d'allocations familiale libre";
2° in paragraph 2, the words "family allowances" are replaced by the words "free family allowance cash";
3° in paragraph 3, the word "free" is inserted between the word "family" and the word "may", the words "competent minister" are replaced by the words "minister who has social affairs in his skills" and the words "Office" are replaced by the word "FAMIFED";
4° to paragraph 4 the following modifications are made:
(a) in the first sentence, the words "Office" are replaced by the word "FAMIFED";
(b) in (a) the word "free" is inserted between the word "familial" and the words ", is lower";
(c) to (d), the word "free" is inserted between the word "family" and the words "not" and the words "family allowances for wage workers" are replaced by the words "family allowances";
(d) to (e), the word "free" is inserted between the word "family" and the word "representation";
(e) to (f), the word "caisse" is replaced by the words "caisse d'allocations familiale libre" and the words "regime des allocations familiale pour travailleurs wages" are replaced by the words "regime des allocations familiale";
5° in paragraphs 5 and 6, the words "the Office" are replaced each time by the word "FAMIFED" and the words "family allowances" are replaced by the words "free family allowances".
Art. 27. In section 29, the following amendments are made:
1° to paragraph 1er the following modifications are made:
(a) the words "and social insurance funds" are inserted between the words "employers" and the word "affiliated";
(b) the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale libre";
(c) the words "paragraph 4" are replaced by the words "paragraph 1er3°, ";
2° to paragraph 2 the following modifications are made:
(a) the words "the number of persons occupied at work by the said employers" are replaced by the words "the total number of persons occupied at work by the affiliated employers and self-employed members of the affiliated social insurance funds";
(b) the words "article 23, paragraph 5" are replaced by the words "article 23, paragraph 1er
(c) the words "article 23, paragraph 6" are replaced by the words "article 23, paragraph 2".
Art. 28. In the same coordinated laws, the title of Chapter III, section 2, is replaced by the following:
"Section 2. - Special family allowance funds and the Federal Agency for Family Allowances
Art. 29. Article 31 of the same coordinated laws, the current text of which will form paragraph 1erthe following amendments are made:
1° to paragraph 1er, the words "special compensation schemes" are replaced by the words "special family allowance schemes";
2° in paragraph 2 the word "caisses" is replaced by the words "caisses d'allocations familiale";
3° in paragraph 4 the words "special cash" are replaced by the words "special family allowance cash";
4° in paragraph 5, the words "special cash" are replaced by the words "special family allowance cash";
5° in paragraph 8, the words "special cash" are replaced by the words "special family allowance cash";
6° in paragraph 9, the word "caisses" is replaced by the words "caisses d'allocations familiale" and the words "qualified minister" are replaced by the words "minister who has social affairs in his or her skills";
7° in paragraph 10, the word "caisses" is replaced by the words "caisses d'allocations familiale";
8° to paragraph 11, inserted by the decree of 28 February 1947, the words "special compensation schemes for family allowances" are replaced by the words "special family allowances";
9° Paragraph 13, inserted by the Act of 27 March 1951, is amended to read:
(a) in the preliminary sentence the words "special compensation schemes" are replaced by the words "special family allowance schemes";
(b) at 1°, the word "workers" is replaced by the words "workers";
10° to paragraph 14, inserted by the law of 27 March 1951, the word "workers" is replaced by the words "workers".
11° the article is supplemented by a paragraph 2, which reads as follows:
"§2. From 1er January 2015, in areas where the population engages in maritime trade, the operators of the cargo companies, unloading and handling of goods in ports, landings, warehouses and stations are fully affiliated to the free family allowance fund "Mensura - ASBL Family Allowances" or its legal successor.
"Mensura - ASBL Family Allowances" succeeds in the rights and obligations of the special family allowance fund referred to in Article 1, 1°, of the Royal Decree of 3 December 1930 establishing and organizing special family allowances, with respect to the operators affiliated to the special credit union before 1er January 2015. ";
12° the article is supplemented by a paragraph 3, which reads as follows:
§ 3. From 1er January 2015, in the regions where the population engages in maritime trade, operators of batellerie companies are fully affiliated to the free family allowance fund "Groupe S - ASBL Family Allowances" or its legal successor. The "Group S - ASBL Family Allowances" succeeds in the rights and obligations of the special family allowance fund referred to in Article 1, 4°, of the Royal Decree of 3 December 1930 establishing and organizing special family allowance funds, with respect to the operators affiliated to the special credit union before 1er January 2015.
The King amends the name of the special family allowance fund referred to in paragraph 1er and restructures its activities in respect of its subordinate mission referred to in Article 41 of the Royal Decree of 28 November 1969, carried out pursuant to the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers. The provisions of § 1er, paragraphs 9, 13 and 14, as well as the enforcement measures taken under these provisions remain in force, on a transitional basis, until the date of the King's order comes into force."
Art. 30. Article 32, paragraph 1erthe same coordinated laws, replaced by the Act of 22 December 1989 and last amended by the Act of 30 December 1992, the following amendments are made:
1° in the preliminary sentence the words "Special compensation scheme" are replaced by the words "Special family allowance scheme";
2° to 10°, the words "regime of family benefits for employees" are replaced by the words "regime of family benefits".
Art. 31. In section 33 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, replaced by the royal decree of October 25, 1960, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED", the words "caisse de compensation" are replaced by the words "caisse d'allocations familial" and the word "caisses" is replaced by the words "caisses d'allocations familial";
2° to paragraph 2, replaced by the Act of 22 February 1998, and last amended by the Act of 22 December 2008, the words "the National Office" are replaced by the word "FAMIFED";
3° to paragraph 2, 4°, c), inserted by the law of 24 December 2002 and amended by the law of 22 December 2008, the word "caisse" is replaced by the word "special family allowances";
4° in paragraph 3, replaced by the Royal Decree of 25 October 1960, the words "The National Office" are replaced by the word "FAMIFED";
5° in paragraph 4, inserted by the Royal Decree of October 25, 1960, the words "accredited cash" are replaced by the words "accredited family allowance cash" and the words "the National Office" are replaced by the word "FAMIFED".
Art. 32. Article 33bis of the same coordinated laws, inserted by Royal Decree No. 65 of 10 November 1967, is repealed.
Art. 33. In the same coordinated laws, the title of Chapter IV is replaced by the following:
"CHAPITRE 4. - Conditions for family allowances or the Federal Agency for Family Allowances.
Art. 34. In section 34 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, amended by the Royal Decree of 11 October 1989, the words "People" are replaced by the words "Employers not yet affiliated with a family allowance fund";
2° in the same paragraph 1er, the words "after the date of the Royal Decree provided for in section 176" are repealed;
3° in the same paragraph 1er, the words "special cash" are replaced by the words "special family allowance cash" and the words "free cash" are replaced by the words "free family allowance cash";
4° in paragraph 2, as amended by the Royal Decree of 25 October 1960, the word "caisse" is replaced by the words "caisse d'allocations familiale" and the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED";
5° in paragraph 3, as amended by the Royal Decree of 25 October 1960, the word "caisse" is replaced by the words "caisse d'allocations familiale" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 35. In section 35 of the same coordinated laws, as amended by the Royal Decree of 25 October 1960, the following amendments are made:
1° to paragraph 1er, the word "caisse" is replaced each time by the words "caisse d'allocations familial";
2° in paragraph 2, the word "caisse" is replaced by the words "caisse d'allocations familiale" and the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED";
3° in paragraph 3, the word "caisse" is replaced by the words "caisse d'allocations familiale" and the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 36. Article 38, § 1er, of the same co-ordinated laws, replaced by the law of 27 December 2004, the words "the National Office of Family Allowances for Employees" are replaced each time by the word "FAMIFED".
Art. 37. In section 40 of the same coordinated laws, last amended by the Act of 24 December 2002, the words "Family Allowance Funds" are replaced by the words "Family Allowance Funds".
Art. 38. In section 42 of the same coordinated laws, replaced by the Royal Decree of 21 April 1997, the following amendments are made:
1° in paragraph 1erParagraph 1er, amended by the law of 24 December 2002, the words "of these laws" are replaced by the words "of this Act";
2° in the same paragraph 1erParagraph 1er, the words "of the Royal Decree of April 8, 1976 establishing the Family Benefits Plan for Independent Workers" are repealed;
3° in the same paragraph 1er, paragraph 3, as amended by the law of 12 August 2000, the word "cumulative" is inserted between the words "at the conditions" and the word "following";
4° in paragraph 2, the words "or in accordance with Article 33 of the Royal Decree of 8 April 1976 referred to above are repealed;
5° a paragraph 2/1 is inserted, as follows:
§ 2/1. The missing child shall be categorized within the limits set out in Article 62, § 9, in the groups of beneficiary children referred to above. ";
6° in paragraph 3, the words "or Article 18 of the Royal Decree of 8 April 1976 referred to above" are repealed and the words "For the determination of the rank referred to in §§ 1er and 2" are replaced by the words "For the determination of the rank referred to in §§ 1er, 2 and 2/1".
Art. 39. In section 42bis of the same coordinated laws, inserted by the Royal Decree of 29 June 1967 and replaced by the Act of 27 December 2006, the following amendments are made:
1° in paragraph 1er, 4°, the words "or following a beginning of activity giving rise to a subjugation to Royal Decree No. 38 of 27 July 1967 organizing the social status of independent workers," are inserted between the words "coordinated laws relating to family allowances," and the words "were beneficiaries of the planned supplements";
2° paragraph 1er is completed by a 5° written as follows:
"5° of an attribute referred to in Article 56terdecies which benefits from the provisions of the Royal Decree of 18 November 1996 establishing social insurance in the event of bankruptcy, situations assimilated or forced cessation. ";
3° in paragraph 3, a paragraph 3 is inserted, as follows:
"In respect of the compensable full unemployed person who, from the seventh month of unemployment, begins an independent activity, the supplement referred to in § 2 is granted under the same conditions as those provided for in paragraph 2. The supplement is granted for the remainder of the quarter in which independent activity begins, as well as during the following eight quarters. However, this may not have the effect that the total duration of the period during which the supplement is granted under § 2 exceeds eight quarters from the quarter that follows that during which the activity begins. "
Paragraph 3/1 is inserted as follows:
§ 3/1. The attribute referred to in § 1er, 5°, benefits from the supplement referred to in § 2 throughout the period of granting the social insurance benefit provided for in article 3, 1°, of the royal decree of 18 November 1996 referred to above. This period is up to four quarters."
5° in paragraph 4, paragraph 1er, the words " § 1er, 1° and 2° " are replaced by the words " § 1er, 1°, 2° and 5°.
Art. 40. Section 46, paragraph 2, of the same coordinated laws, replaced by the Royal Decree of 23 January 1976, is replaced by the following:
"Before using this prerogative, the government consults the FAMIFED Management Committee."
Art. 41. In article 47bis of the same coordinated laws, inserted by Royal Decree No. 122 of 30 December 1982, the following amendments are made:
1° to paragraph 1er, last amended by the law of 9 July 2004, the words "the laws" are replaced by the words "this law";
2° in paragraph 2, last amended by the law of 9 July 2004, the words "the Acts" are replaced by the words "this Act" and the word "worker" is replaced by the words "employee worker";
3° between paragraph 2 and paragraph 3, which becomes paragraph 4, a new paragraph shall be inserted, as follows:
"The second paragraph is also applicable to children who were beneficiaries of family allowances in accordance with articles 20, 20bis, 26, 28 and 35 of the Royal Decree of 8 April 1976, as they existed before being amended by the Royal Decree of 5 November 1987 amending the Royal Decree of 8 April 1976 establishing the Family Benefit Plan for Independent Workers. ".
Art. 42. In section 48, paragraph 2, 2°, of the same coordinated laws, inserted by the law of 20 July 2006, the words "of these laws" are replaced by the words "of this Act".
Art. 43. In section 50ter of the same coordinated laws, inserted by the Decree-Law of 28 February 1947 and last amended by the law of 27 December 2005, the word "worker" is replaced by the words "employed or independent workers".
Art. 44. In section 50quater of the same coordinated laws, inserted by the law of 8 March 1962 and amended by the law of 26 June 2002, the word "caisses" is replaced by the word "organisms".
Art. 45. In Article 50s of the same coordinated laws, inserted by the law of June 30, 1981 and last amended by the law of June 8, 2008, the word "workers" is replaced by the words "employed or independent workers".
Art. 46. In the same coordinated laws, in the Dutch text, the title of Chapter V, section 2, is replaced by the following:
"Section 2. - Personen die op kinderbijslag aanspraak kunnen maken en rechtgevende kinderen".
Art. 47. In section 51 of the same coordinated laws, replaced by the Act of 22 December 1989, the following amendments are made:
1° paragraph 1er, amended by the law of 12 August 2000, is supplemented by the 5° and 6° written as follows:
"5° the independent worker subject to Royal Decree No. 38 of 27 July 1967 and liable for the contributions referred to in Article 12, § 1er, or § 1erter, same arrest;
6° the independent worker is liable for social contributions referred to in Article 12, § 2, or Article 13, § 1erof Royal Decree No. 38 of 27 July 1967, provided that he cannot open a right to family allowances under another provision of this Act."
2° in paragraph 2, replaced by the law of 22 December 2008, the words "the person carrying the activity referred to in section 42bis, § 1er, 4°, as well as the persons referred to in articles 55 to 56bis and 56quater to 57" are replaced by the words "the persons referred to in articles 42bis, § 1er4° and 5°, and § 3, paragraphs 3, 55 to 56bis and 56quater to 57";
3° in paragraph 3, paragraph 1er, 5°, the words "of these laws or of the family allowance scheme for self-employed workers, unless the attribute in the latter regime is a brother or sister not part of the same household" are replaced by the words "of this Act";
4° in paragraph 4, replaced by the Act of 24 December 1999, the following amendments are made:
(a) in paragraph 1er, the words "Minister of Social Affairs or the Department of Social Affairs, Public Health and the Environment" are replaced by the words "Minister of Competent Affairs or the Public Service Officer of the Federal Social Security";
(b) in the same paragraph 1er, the word "worker" is replaced by the words "employed or independent workers";
(c) in paragraph 2, the words "Minister of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 48. In section 52 of the same coordinated laws, the following amendments are made:
1° to paragraph 2, replaced by the Act of December 24, 1999 and amended by the Act of December 22, 2008, the words "Minister of Social Affairs or the official of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "Minister of competent or public servant of the Federal Public Service Social Security";
2° in paragraph 3, replaced by the Act of 24 December 1999, the words "Minister of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 49. In section 53 of the same co-ordinated laws, restored by the Act of 22 December 1989, the following amendments are made:
1° paragraph 1er, last amended by the Royal Decree of 15 October 2010, is amended as follows:
(a) the words "For the purposes of these Acts" are replaced by the words "For the purposes of this Act";
(b) in paragraph 1er, the word "worker" is replaced each time by the words "employed worker";
2° in paragraph 2, the words "under these Acts" are replaced each time by the words "under this Act";
3° a paragraph 2/1 is inserted as follows:
§ 2/1. For the purposes of this Act, an independent worker is considered to be engaged in an independent activity which, within the framework of his or her militia obligations, is in one of the situations referred to in Article 31, § 1er, the Royal Decree of 22 December 1967 concerning the general regulation of the pension and survival of self-employed persons.
The benefit of this paragraph may only be invoked if the interested party had the attribute quality during the quarter in which the periods referred to in section 31 are beginning, or during the previous quarter."
Art. 50. Article 54, § 5, paragraph 1er, of the same coordinated laws, inserted by the law of 12 August 2000, the words "the present laws" are replaced by the words "this Act".
Art. 51. In section 55 of the same coordinated laws, replaced by law of 1er August 1985, the following amendments are made:
1° to paragraph 4, as amended by Royal Decree No. 534 of 31 March 1987 and by the Act of 22 December 1989, the words "of these Acts" are replaced by the words "of this Act";
2° in paragraph 6, the words "in the wage of wage workers or in the regime of self-employed persons" are replaced by the words "under this Act".
Art. 52. In section 56 of the same coordinated laws, replaced by Royal Decree No. 7 of 18 April 1967, the following amendments are made:
1° in paragraph 1er, last amended by the law of 24 December 2002, the word "worker" is replaced by the words "employed worker" and the word "worker" is replaced by the words "employed worker" each time;
2° in paragraph 1erParagraph 1er, 3°, replaced by the law of 22 February 1998 and amended by the law of 24 December 2002, the words "of these laws" are replaced by the words "of this Act";
3° paragraph 1erParagraph 1er, is completed by the 5°, 6° and 7°, written as follows:
"5° the self-employed person who is recognized to be in a state of incapacity for work in accordance with the provisions of the Royal Decree of 20 July 1971 establishing compensation and maternity insurance for self-employed and assisted spouses;
6° the self-employed person who does not meet the conditions for the licensee quality provided for in section 1re Chapter III of the Royal Decree of 20 July 1971 referred to above:
(a) if an accident-related incapacity for work is reached, provided that it meets the conditions to be attributable at the time of the accident;
(b) if the worker is incapacitated to work as a result of a disease, provided that he has met the conditions to claim at least six monthly lump sum allowances in a period of twelve months prior to that in which he is incapacitated;
7° the independent worker referred to in Article 51, § 1er, which, under the Disability Allowance Act, benefits from an allowance calculated on the basis of a permanent incapacity for work of at least 65% or whose capacity for gain is reduced to at least one third of what a valid person is able to earn or falls under Class II, III or IV, with respect to the degree of autonomy, in accordance with that same legislation. ".
4° it is inserted in paragraph 1erbetween subparagraphs 1er and 2, a paragraph reading:
"The incapacity referred to in paragraph 1er, 6°, (a) and (b), is appreciated in accordance with the rules of articles 19 to 25 of the royal decree of 20 July 1971 mentioned above. It can no longer be recognized if it takes place at the earliest, the day the attribute reaches the age of the pension, or the day on which an early retirement pension is taken effective under the pension plan for self-employed workers or that of employed workers. ";
5° in former paragraph 2 of paragraph 1er, which becomes paragraph 3, inserted by the law of 1er August 1985 and replaced by the Act of 22 December 1989, the words "previous paragraph" are replaced by the words "paragraph 1er";
6° in paragraph 2, paragraph 1er, last amended by the law of 24 December 2002, the word "worker" is replaced by the words "employed worker" and the word "worker" is replaced by the words "employed worker" each time;
7° in paragraph 2, paragraph 1er, 4°, last amended by the law of 22 December 1989, the words "the laws" are replaced by the words "this law";
Paragraph 2, paragraph 1er, is completed by a 5° written as follows:
5° the independent worker referred to in § 1erParagraph 1er, 5°, 6° and 7°, from the seventh month of incapacity to work. The six-month period is not required for the independent worker referred to in § 1erParagraph 1er, 7°, which already benefits from an income replacement or integration allowance under the legislation relating to allowances to persons with disabilities at the time it acquires the attribute quality under Article 51, § 1erFive. ";
9° in paragraph 2, between 1er and 2 are inserted in two paragraphs as follows:
"The interruptions allowed in articles 8, 9 and 10 of the Royal Decree of 20 July 1971 referred to above shall not interrupt the period referred to in § 2, paragraph 1erFive.
The attribute that meets the conditions set out in § 2, paragraph 1er, 5°, continues to open the right provided for in the interruption periods referred to in paragraph 2. ";
10° in paragraph 2, paragraph 2, which becomes paragraph 4, inserted by Royal Decree No. 282 of 31 March 1984 and replaced by the Act of 27 December 2006, the words "salariate or independent" are inserted between the words "The worker" and the words "seen in this paragraph";
11° in paragraph 2, paragraph 4, which becomes paragraph 6, last amended by the Act of 22 December 1989, the words "paragraph 2" are replaced by the words "paragraph 4";
Paragraph 2/1 is inserted as follows:
§ 2/1. Family benefits are granted by the head of the attribute referred to in § 1er, 6°, (a) and (b), after medical examination of his incapacity for work, his date of commencement and duration.
To this end, the competent institution submits an application for a finding of incapacity for work to the medical control service of the National Institute of Disability Health Insurance.
Where a new element justifies it, a review of the medical decision may be requested, either by the allocatary or attribute on the production of a medical certificate or by the competent institution.
If the required conditions are not met, the competent institution shall notify the allotted party and the attribute if they do not have the same main residence, its unfavourable decision by registered letter to the position. ".
Art. 53. Article 56bis, § 1er, of the same coordinated laws, inserted by the law of 27 March 1951 and last amended by the law of 27 December 2005, the words "of these laws" are replaced by the words "of this Act".
Art. 54. In article 56ter of the same coordinated laws, inserted by Royal Decree No. 7 of 18 April 1967, the word "worker" is replaced by the words "employed worker".
Art. 55. In section 56quater of the same coordinated laws, inserted by Royal Decree No. 7 of 18 April 1967, the following amendments are made:
1° to paragraph 1er, last amended by the Act of 27 December 2004, the words "in section 40 of these Acts" are replaced by the words "in section 40 of this Act";
2° in the same paragraph 1er, the words "under these Acts" are replaced each time by the words "under this Act";
3° to paragraph 2, last amended by the Act of December 24, 1999, the words "Minister of Social Affairs or the public servant of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "appropriate minister or official of the Federal Public Service Social Security".
Art. 56. In section 56sexies of the same coordinated laws, inserted by Royal Decree No. 7 of 18 April 1967 and replaced by the law of 1er August 1985, the following amendments are made:
1° in paragraph 1erParagraph 1er, replaced by the Act of 22 February 1998, the following amendments are made:
(a) in the Dutch text, the word "arbeiders" is replaced by the word "werknemers";
(b) the words ", at the rates provided for in Article 40," are inserted between the words "right to family allowances" and the words "in favour of children";
2° in paragraph 1er, paragraph 2, 1° and 5°, (a), inserted respectively by the laws of 24 December 2002 and 30 December 2009, the words "Regulation (EEC) No 1408/71 of 14 June 1971 of the Council of the European Communities concerning the application of social security schemes to wage workers, non-workers, as well as to members of their family, who move within the Community" are replaced each time by the words "EC"
3° in paragraph 3, last amended by the Act of 22 December 1989, the words "the Acts or under the Family Allowance for Independent Workers" are replaced by the words "this Act";
4° in paragraph 4, paragraph 1er, last amended by the Act of December 24, 1999, the words "Minister of Social Affairs or the public servant of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "competent minister or official of the Federal Public Service Social Security";
5° in paragraph 4, paragraph 2, inserted by the law of 27 December 2005, the words "Minister of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 57. In the same coordinated laws, an article 56sexies/1 is inserted as follows:
"Art. 56sexies/1. The child disappeared within the meaning of Article 62, § 9, the quality of attribute within the limits defined in this article, provided that the conditions set out in the article are met.".
Art. 58. Section 56s, § 1erParagraph 1erand § 2, paragraph 1er, the same coordinated laws, last amended by the Act of 22 December 2008, the words "the present laws or the Royal Decree of 8 April 1976 establishing the regime of family benefits for independent workers" are each replaced by the words "of this Act".
Art. 59. In section 56octies, the same coordinated laws, inserted by Royal Decree No. 534 of 31 March 1987, the following amendments are made:
1° to paragraph 1er, amended by the law of 22 December 1989, the word "worker" is replaced by the words "employed worker";
2° Paragraph 3 is replaced by the following:
"This section is not applicable to an employee who is entitled to family allowances as an independent worker under this Act."
Art. 60. In section 56decies of the same coordinated laws, inserted by the law of 22 December 1989, the following amendments are made:
1° paragraph 1er, as amended by the Act of 22 February 1998, is amended as follows:
(a) the word "worker" is replaced by the words "employed or independent workers";
(b) the words "of these laws" are replaced by the words "of this law";
2° to paragraph 2, the following amendments are made:
(a) in paragraph 1er the word "worker" is replaced by the words "employed or independent workers";
(b) in paragraph 2, as amended by the Act of 24 December 1999, the words "Minister of Social Affairs or the civil servant of the Ministry of Social Affairs, Public Health or the Environment that he designates, shall be replaced by the words "competent minister or official of the Federal Public Service Social Security whom he designates, may decide" and the word "worker" shall be replaced by the words "employed or independent";
(c) in paragraph 3, inserted by the Act of 27 December 2005, the words "Ministry of Social Affairs" are replaced by the words "competent minister" and the words "National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
3° to paragraph 3, the following amendments are made:
(a) in paragraph 2, as amended by the Act of 24 December 1999, the words "Ministry of Social Affairs or the official of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "competent minister or official of the Federal Public Service Social Security";
(b) in paragraph 3, inserted by the Act of 27 December 2005, the words "Ministry of Social Affairs" are replaced by the words "competent minister" and the words "National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 61. In section 56undecies of the same coordinated laws, inserted by the Act of 29 April 1996, the following amendments are made:
1° to paragraph 1er, modified by the Royal Decree of 11 December 2013, the word "worker" is replaced by the words "employed worker";
2° in the same paragraph 1er, a), the words "of the French Community" are replaced by the word "francophone";
3° in paragraph 2, the word "worker" is replaced by the words "employee worker";
4° in the same paragraph 2, the words "of these laws" are replaced by the words "of this law".
Art. 62. In article 56 of the same coordinated laws, inserted by the law of 27 December 2004, the words "of these laws or the royal decree of 8 April 1976 establishing the regime of family benefits for independent workers" are replaced by the words "of this Act".
Art. 63. In the same coordinated laws, an article 56terdecies is inserted as follows:
"Art. 56terdecies. Is an attribute of family allowances at the rates provided for in Article 40:
1° the independent worker who has ceased his work, provided that he has had the attribute quality for at least six months on the twelve calendar months before that during which he ceased his activity. It loses this attribute quality by the last day of the second calendar quarter following the quarter in which it ceased its activity;
2° the self-employed person who, while having ceased his or her independent activity, is authorized to continue paying contributions under the pension and survival plan for self-employed persons;
3° the independent worker who benefits from social insurance under the Royal Decree of 18 November 1996 establishing social insurance for self-employed persons in the event of bankruptcy, similar situations or forced cessation. It loses this attribute quality by the last day of the fourth calendar quarter following the first quarter for which social insurance is granted. ".
Art. 64. In section 57 of the same coordinated laws, replaced by the Act of 27 March 1951, the following amendments are made:
1° to paragraph 1er, 1°, the word "worker" is replaced by the words "worker" and the word "workers" is replaced each time by the words "workers";
2° to paragraph 1er, 2°, last amended by the Royal Decree of 11 December 2013, the word "worker" is replaced by the words "employed worker";
3° the same paragraph 1er, is completed by 3° and 4° written as follows:
"3° the self-employed person who benefits from a pension or an unconditional pension under the pension and survival legislation of independent workers;
4° the self-employed person who does not receive an unconditional pension of a pensioner because he has assigned a building to the constitution of his pension fund under the legislation relating to the pension of self-employed persons, from 1er the day of the month that follows the month in which it reaches the pension age. ".
4° to paragraph 2, last amended by the Act of 22 December 1989, the words "of these Acts" are replaced by the words "of this Act".
Art. 65. In section 57bis of the same coordinated laws, inserted by the Act of 27 March 1951 and replaced by the Act of 29 April 1996, the following amendments are made:
1° to paragraph 1er, the words "56terdecies" are inserted between the words "56undecies, paragraph 2," and the words "or 57, paragraph 2";
2° in the same paragraph 1er, the word "worker" is replaced by the words "employed or independent workers";
3° in paragraph 2, replaced by the Act of 24 December 2002, the words "The Minister of Social Affairs or the official of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "The competent minister or the official of the Federal Public Service Social Security";
4° in the same paragraph 2, the word "worker" is replaced by the words "employed or independent workers";
5° in the same paragraph 2, the words "of these laws" are replaced by the words "of this law";
6° to paragraph 3, inserted by the law of 27 December 2005, the words "Ministry of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 66. In section 58, paragraph 2, of the same coordinated laws, inserted by the law of 22 February 1998, the words "of these laws" are replaced by the words "of this Act".
Art. 67. Section 59 of the same coordinated laws, replaced by the Act of 22 December 1989 and last amended by the Act of 24 December 2002, is replaced by the following:
"Art. 59. The benefit of the provisions relating to wage workers provided for in this Act shall not be invoked by persons who exercise a principal profession other than that of a worker bound by a contract of employment referred to in that Act.
For the purposes of this Act, a part-time employee shall be considered to have as principal the quality of employed worker when the worker's average working hours are equal to at least half of the average working hours of the reference person.
For the determination of the principal occupation, the periods assimilated under section 53.
The King may set special rules for certain categories of employed workers. ".
Art. 68. In section 60 of the same coordinated laws, the following amendments are made:
1° in paragraph 1erParagraph 1er, replaced by Royal Decree No. 54 of 15 July 1982, the words "of these laws" are replaced by the words "of this Act";
2° Paragraph 2, replaced by Royal Decree No. 54 of 15 July 1982, is repealed;
3° paragraph 3, inserted by the law of 1er August 1985 and last amended by the Act of 27 December 2005, is repealed.
Art. 69. In section 62 of the same coordinated laws, last amended by the Act of 10 January 2010, the following amendments are made:
1° the words "of these laws" are replaced each time by the words "of this law";
2° a paragraph 9 is inserted as follows:
"§ 9. The right to family allowances is extended to the missing child in accordance with the following provisions:
1° per missing child, it is necessary to hear the child who involuntaryly ceased to be present at the place of his residence, of which one is without news, unless he appears that the child is, on all probability, deceased in circumstances such as accidents or disasters, even if his body has not been found. Disappearance may be established by law. However, the child abducted by one of his parents is not considered missing;
2° at the time of its disappearance, the child must have the status of beneficiary within the meaning of Article 62 §§ 1er 5, or 63;
3° Family allowances are granted for a maximum of five years from the first day of the month following the month of the child's disappearance as long as the child has not reached the age of 25 or 21 years, if he was a beneficiary under section 63;
4° the right to family allowances of the disappeared child shall be extinguished at the end of the month in which he is found, unless he is satisfied with the conditions of article 62, §§ 1er 5 or 63."
Art. 70. In section 64 of the same coordinated laws, the following amendments are made:
1° in paragraph 2, replaced by Royal Decree No. 122 of 30 December 1982 and last amended by the Act of 30 December 2009, the words "of these laws" are replaced by the words "of this Act" and the words "the laws" are replaced by the words "this Act";
2° in paragraph 2bis, inserted by the law of 20 July 2006, the words "of these laws" are replaced by the words "of this law" and the words "the laws" are replaced by the words "this law".
Art. 71. In section 66 of the same coordinated laws, replaced by Royal Decree No. 122 of 30 December 1982, the following amendments are made:
1° to paragraph 3, last amended by the Act of December 27, 2005, the words "Minister of Social Affairs or the public servant of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "competent minister or official of the Federal Public Service Social Security";
2° to paragraph 4, inserted by the Act of 27 December 2005, the words "Minister of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
3° the article is supplemented by a paragraph written as follows:
"All exemptions to the order of attributes decided by the Minister of Average Classes in individual cases pursuant to Article 13, § 3, of the Royal Decree of 8 April 1976 establishing the regime of family benefits for independent workers, remain valid as long as the attribute designated in accordance with Article 13, §§ 1er and 2, of the above-mentioned Order remains the priority attribute under this Act.".
Art. 72. In section 68 of the same coordinated laws, last amended by the Act of 24 July 2008, paragraph 1er is replaced as follows:
"Without prejudice to the provisions of Article 69, § 1/1, family allowances, birth allowances and adoption allowances are paid directly to persons referred to in Article 69."
Art. 73. In section 69 of the same coordinated laws, replaced by the Royal Decree of 21 April 1997, the following amendments are made:
1° a paragraph 1/1 is inserted as follows:
§ 1/1. The designated allocate father in accordance with Article 31, § 1erParagraph 1er, 1°, of the Royal Decree of 8 April 1976 establishing the family benefits scheme for self-employed persons loses the quality of allegiance to the mother.
In order to ensure continuity of payments, family benefits continue to be paid to the father. However, the mother may request that the family allowances be paid directly to her. The application takes effect the month following its receipt by the family allowance agency.
Payments made by the family allowance fund to the father before taking effect of this application are free of charge. ".
2° in paragraph 3, paragraph 1er, replaced by the law of 24 December 2002 and amended by the laws of 29 March 2012 and 17 March 2013, the words "and 9°" are inserted between the words "594, 8°" and the words ", of the Judicial Code";
3° the same paragraph 3 is supplemented by a paragraph which reads as follows:
"The changes in allegiance resulting from an opposition made in accordance with Article 31, § 3, of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers continue to produce their effects for the purposes of this Act.".
Art. 74. Article 70bis, paragraph 4, of the same coordinated laws, inserted by the Royal Decree of 21 April 1997, is replaced by the following:
"When a third of the family allowances due in favour of the child placed within the meaning of section 70 must be paid on a savings account opened to his name, the amount of the family allowance due in favour of the child is fixed, as if it were part of the household of the attribute, according to its rank in the chronology of the births of the children of that household. The allowances referred to in section 40 and the supplements referred to in sections 41, 42bis and 50ter are distributed among the different allocatories, as defined in sections 69 and 70, proportionally to the number of children raised by each of them while the supplements referred to in sections 44, 44bis, 44ter and 47 are paid to the allocator within the meaning of sections 69 and 70, which raises the child beneficiary of these benefits. ".
Art. 75. In section 71 of the same coordinated laws, the following amendments are made:
1° paragraph 1erbis, inserted by the Act of 22 December 1989 and amended by the Act of 22 February 1998, is supplemented by paragraph 3, which reads as follows:
"The principle of non-regularization of accounts referred to in paragraph 2 applies, for periods as of 1er July 2014, for all family allowance schemes. ";
2° in paragraph 3, as amended by the Act of December 27, 2004, the words "Minister who has the Social Provident in his powers" are replaced by the words "Minister who has the Social Affairs in his competence".
Art. 76. In section 72 of the same coordinated laws, as amended by the Royal Decree of 25 October 1960, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 77. In section 73 of the same coordinated laws, replaced by the Act of 6 June 2010, the following amendments are made:
1° to paragraph 1er, in the Dutch text, the word "compensatiekassen" is replaced by the word "kinderbijslagfondsen", and the words "the National Office of Family Allowances" are replaced by the word "FAMIFED";
2° in paragraph 2, in the Dutch text, the word "compensatiekassen" is replaced by the word "kinderbijslagfondsen", the word "werknemers" is replaced by the word "begunstigden" and the words "the National Office for Family Allowances" are replaced by the word "FAMIFED".
Art. 78. In section 73bis of the same coordinated laws, inserted by the Order of the Board of 29 December 1944 and replaced by the Royal Decree of 18 April 1967, the following amendments are made:
1° in paragraph 1erParagraph 1er, replaced by Royal Decree No. 122 of 30 December 1982, the words " compensation schemes for family allowances" are replaced by the words "family allowance schemes" and the words "of these laws" are replaced by the words "of this Act";
2° in paragraph 1er, paragraph 2, replaced by the Act of 24 December 2002, the words "of these Acts" are replaced by the words "of this Act";
3° in paragraph 2, paragraph 2, replaced by Royal Decree No. 7 of 18 April 1967, the words " compensation for family allowances" are replaced by the words "family allowances cash".
Art. 79. In section 73ter of the same coordinated laws, inserted by the Order of the Board of 29 December 1944, the following amendments are made:
1° to paragraph 2, replaced by the Act of December 24, 1999, the words "Minister of Social Affairs or the official of the Ministry of Social Affairs, Public Health and the Environment" are replaced by the words "Minister competent or public servant of the Federal Public Service Social Security";
2° to paragraph 3, inserted by the law of 5 January 1976 and replaced by the law of 24 December 1999, the words "Minister of Social Affairs" are replaced by the words "competent minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 80. In section 73quater of the same coordinated laws, restored by the law of 30 December 1992, the following amendments are made:
1° in paragraph 1er, as amended by the Act of 20 July 2006, the words "family allowance cash" are replaced by the words "family allowance cash";
2° to paragraph 3, replaced by the Act of 24 December 2002, the following amendments are made:
(a) in paragraph 1er, the words "Minister of Social Affairs or the Department of Social Affairs, Public Health or the Environment" are replaced by the words "Minister of Competent Affairs or the Public Service Officer of the Federal Social Security";
(b) in paragraph 2, the words "Minister of Social Affairs" are replaced by the words "appropriate minister" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 81. In chapter V of the same co-ordinated Acts, section 4quater, comprising section 73quinquies, inserted by the Act of 5 January 1976, is repealed.
Art. 82. In section 74 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, modified by the Royal Decree of 10 April 1957, the words "salary or extraditing" are replaced by the words "professional income";
2° to paragraph 2, as amended by Royal Decree 1er March 1971, the words "Salary Minima" were replaced by the words "income ceilings".
Art. 83. In the same coordinated laws, the title of Chapter VI, section 2, is replaced by the following:
"Section 2. - Employees who do not give rise to any contribution."
Art. 84. In section 91 of the same coordinated laws, replaced by the Act of 12 August 2000, the following amendments are made:
1° in paragraph 2, (a), the words "31 December 1999" are replaced by the words "30 June 2014";
2° in paragraph 2, b), 2°, the words "the national office of family allowances for employed workers" are replaced by the word "FAMIFED";
3° paragraph 2, (b), 2°, is supplemented by the words "and 1.5% of the amount of unduly paid family benefits that have been recovered";
Paragraph 2, (f), is repealed;
5° in paragraph 3, paragraphs 2 and 3, the words "office" are replaced each time by the word "FAMIFED";
6° in paragraph 4, 7° and 8°, the words "office" are replaced each time by the word "FAMIFED";
7° in paragraph 5, the words "office" are replaced by the word "FAMIFED".
Art. 85. In section 91/2 of the same coordinated laws, inserted by the law of 28 June 2013, the following amendments are made:
1° to paragraph 1er, the words "The National Office" are replaced by the word "FAMIFED";
2° in paragraph 2, the words "the National Office" are replaced by the word "FAMIFED".
Art. 86. In section 93 of the same coordinated laws, replaced by the Act of 12 August 2000, subsection 2 is replaced by the following:
"§2. The Working Capital Fund for the Payment of Family Benefits is provided by the amounts referred to in Article 108, paragraph 1er1°. ".
Art. 87. In section 94 of the same coordinated laws, replaced by the Act of 12 August 2000, the following amendments are made:
1° in paragraph 2, (a), the words "the national office of family allowances for employed workers" are replaced by the word "FAMIFED";
2° in paragraph 5, (a), the words "31 December 1999" are replaced by the words "30 June 2014".
Art. 88. In section 96 of the same coordinated laws, replaced by the law of 10 June 1998 and amended by the law of 22 December 2003, the words "caisse de compensation" are replaced by the words "caisse d'allocations familial".
Art. 89. In section 97 of the same co-ordinated laws, as amended by the law of 10 June 1998, the word "caisse" is replaced by the words "caisse d'allocations familiale" and the words "The National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 90. In section 99 of the same coordinated laws, replaced by the Royal Decree of 25 October 1960, the following amendments are made:
1° to paragraph 1er, modified by the law of 10 June 1998, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale" and the words "cette caisse" are replaced by the words "cette caisse d'allocations familial";
2° to paragraph 2, as amended by the Act of 10 June 1998, the word "caisse" is replaced by the words "caisse d'allocations familiale;
3° in paragraph 4, the word "caisse" is replaced by the words "caisse d'allocations familiale intéressése" and the words "l'Office interessé" are replaced by the word "FAMIFED";
4° in paragraph 5, the word "caisse" is replaced by the words "caisse d'allocations familiale intéressése" and the words "the Office concerned" are replaced by the word "FAMIFED";
5° in paragraph 6, as amended by the Act of 10 June 1998, the word "caisse" is replaced by the words "caisse d'allocations familiale".
Art. 91. In the same coordinated laws, the title of Chapter VII is replaced by the following:
"Chapter VII. Federal agency for family allowances (FAMIFED)".
Art. 92. In section 101 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, replaced by the law of 22 February 1998, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
2° in paragraph 2, replaced by the Royal Decree of 25 October 1960, the words "The National Office" are replaced by the word "FAMIFED" and the word "caisses" is replaced by the words "caisses d'allocations familial";
3° in paragraph 3, replaced by the Act of 22 December 1989, the words "primary cash" are replaced by the words "free family allowance cash";
4° in paragraph 3, 1°, as amended by the Royal Decree of 27 May 2004, the word "workers" is replaced by the words "workers and independent workers" and the words "of these laws" are replaced by the words "of this Act";
5° to paragraph 3, 6°, as amended by the law of 27 December 2006, the words "family allowances" are inserted between the word "caisse" and the word "special";
6° Paragraph 3, 9°, inserted by the Act of 27 April 2007 and amended by the Acts of 22 December 2008 and 28 June 2013, is amended as follows:
(a) the words "the National Office" are replaced each time by the word "FAMIFED";
(b) this provision is supplemented by the following sentence:
"From 1er January 2015, this provision applies to all public law personnel referred to above who are liable for the contribution provided for in Article 38, § 3, 11°, of the Act of 29 June 1981 establishing the general principles of social security of employed workers. ";
7° in paragraph 4, inserted by the law of 29 April 1996 and replaced by the law of 28 June 2013, the words "the National Office" are replaced each time by the word "FAMIFED";
8° in paragraph 5, inserted by the law of June 28, 2013, the words "the National Office" are replaced by the word "FAMIFED" each time;
9° to paragraph 6, inserted by the law of 29 April 1996 and amended by the law of 25 January 1999, the words "the National Office" are replaced by the word "FAMIFED";
10° in paragraph 7, replaced by the Act of 21 December 1994 and amended by the Act of 22 February 1998, the words "The National Office" are replaced by the word "FAMIFED";
11° to paragraph 8, inserted by the Act of 21 December 1994 and last amended by the Act of 22 December 2008, the words "The National Office" are replaced by the word "FAMIFED";
12° to paragraph 9, inserted by the law of 22 December 2008, the words "the National Office" are replaced each time by the word "FAMIFED" and the words "this Office" are replaced by the word "FAMIFED".
Art. 93. In section 102 of the same co-ordinated laws, last amended by the Act of 20 July 2005, the words "the National Office of Family Allowances for Employees" and the words "this National Office" are replaced by the word "FAMIFED", the words "Minister who has the Social Affairs in his duties" are each time replaced by the words "competent minister" and the words "the National Office" are replaced by the word "MYFAMIF".
Art. 94. Article 104 of the same coordinated laws, restored by the law of 1er August 1985, the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED" and the words "Minister who has social foresight in his or her powers" are replaced by the words "competent minister".
Art. 95. In section 105 of the same co-ordinated laws, last amended by the Act of 10 June 1998, the words "the National Office of Family Allowances for Employees" and the words "the National Office" are replaced by the word "FAMIFED".
Art. 96. In section 106 of the same co-ordinated laws, last amended by the Act of 28 June 2013, the words "The National Office for Family Allowances for Employees" are replaced by the word "FAMIFED", the words "Minister of Social Welfare" are replaced by the words "Minister who has Social Affairs in his skills" and the words "the National Office" are replaced by the word "FAMIFED".
Art. 97. In section 106bis of the same coordinated laws, restored by the law of June 28, 2013, the words "The National Office" are replaced by the word "FAMIFED".
Art. 98. In section 107 of the same coordinated laws, replaced by the Act of 22 February 1998, the following amendments are made:
1° in paragraph 1erthe following amendments are made:
(a) in paragraph 1er, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
(b) in paragraph 2, as amended by law of 25 January 1999, the words "of these Acts" are replaced each time by the words "of this Act";
(c) in paragraph 3 the words "the Agency" are replaced by the word "FAMIFED";
2° in paragraph 2 the words "Office" are replaced by the word "FAMIFED";
3° in paragraph 3 the words "Office" are replaced by the word "FAMIFED";
4° in paragraph 6 the words "Office" are replaced by the word "FAMIFED".
Art. 99. In the same coordinated laws, the title of Chapter VIII is replaced by the following:
"CHAPITRE VIII. - The financial distribution that FAMIFED is responsible for operating."
Art. 100. In section 108 of the same coordinated laws, replaced by the Royal Decree of 25 October 1960, the following amendments are made:
1° to the first sentence, as amended by the law of 10 June 1998, the words "The National Office for Family Allowances for Employees" are replaced by the word "FAMIFED";
2° to 1°, replaced by the law of 30 December 1992, the words "primary cash" are replaced by the words "family allowance cash" and the words "special cash" are replaced by the words "special family allowance cash".
3° to 2°, modified by Royal Decree No. 28 of 15 December 1978, the words "primary cash" are replaced by the words "family allowance cash", the words "special cash" are replaced by the words "special family allowance cash" and the words "the said car" are replaced by the words "the said family allowance fund".
Art. 101. In section 110 of the same coordinated laws, restored by the Act of 27 March 1951, the following amendments are made:
1° to paragraph 1e, replaced by the Royal Decree of 25 October 1960 and amended by the Act of 30 December 1992, the words "the National Office of Family Allowances for Employees" are each replaced by the word "FAMIFED";
2° to paragraph 1er, 1°, the words "the present laws" are replaced by the words "this law";
3° to paragraph 1er, 2°, replaced by the royal decree of October 25, 1960, the words "the present laws" are replaced by the words "the present law", the words "they" are replaced by the words "this one" and the word "caisses" is replaced by the words "caisses d'allocations familial";
4° to paragraph 2, as amended by Royal Decree No. 122 of 30 December 1982, the words "coordinated laws" are repealed.
Art. 102. In the same coordinated laws, an article 110/1 is inserted, which reads as follows:
"Art. 110/1. Financing of FAMIFED mission costs for the period 1er July 2014 to December 31, 2014 is provided respectively by the overall SONS-management referred to in section 5, paragraph 1er, 2°, of the Act of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers, and by the overall financial management of the social status of independent workers referred to in Article 2 of the Royal Decree of 18 November 1996 concerning the introduction of a comprehensive financial management in the social status of independent workers, pursuant to Chapter I pension of Title VI of the Law of 26 July 1996 on the Modernization of Social Security The share of the overall SONS-management is 90%, and the share of the overall financial management of the status of self-employed is 9.1%. This distribution key may be modified by a royal decree deliberated in the Council of Ministers. ".
Art. 103. In the same coordinated laws, an article 110/2 is inserted, which reads as follows:
"Art. 110/2. Without prejudice to paragraph 2, the funding of FAMIFED's management costs for the period of 1er July 2014 to December 31, 2014 is insured by the overall SONS-management referred to in section 5, paragraph 1er, 2°, of the law of 27 June 1969 revising the Decree-Law of 28 December 1944 concerning the social security of workers.
The National Institute of Social Insurance for Independent Workers pays to FAMIFED, in the second quarter of 2014, an amount of 4.5 million euros as funding for the above-mentioned management costs.".
Art. 104. In the same coordinated laws, the title of Chapter IX is replaced by the following:
"CHAPITRE IX. - Allowances to be reimbursed to FAMIFED by the state or the provinces."
Art. 105. In section 111 of the same coordinated laws, last amended by the Act of 27 April 2007, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED", the words "paragraphs 4 and 5" are replaced by the words "paragraphs 4, 5 and 6" and the words "the National Office" are each replaced by the word "FAMIFED".
Art. 106. In the same coordinated laws, the title of Chapter X is replaced by the following:
"Chapter X. Rules to be followed in the event of an imbalance between FAMIFED's revenues and the overall sum it needs to ensure the equal minimum allowances for all recipient children".
Art. 107. In article 113 of the same coordinated laws, as amended by the Royal Decree of 10 December 1964, the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 108. In section 114 of the same coordinated laws, replaced by the Royal Decree of 25 October 1960, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 109. In section 117 of the same coordinated laws, replaced by the Act of 10 October 1967, the following amendments are made:
1° to paragraph 1er, amended by the law of 12 May 1971, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
2° in paragraph 3, amended by the laws of 12 May 1971 and 4 April 1991, the word "worker" is replaced by the words "employed or independent workers".
Art. 110. In section 119 of the same coordinated laws, replaced by the Act of 12 May 1971, the following amendments are made:
1° the words "caisses de compensation" are replaced by the words "caisses d'allocations familial";
2° the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
3° the words "or social insurance funds referred to in Article 15, § 3, paragraphs 1er and 2," are inserted between the words "same traders," and the words "are, in all cases."
Art. 111. In section 121 of the same coordinated laws, the following amendments are made:
1° to the first sentence, last amended by the law of 3 July 2005, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the words "de l'article 155" are replaced by the words "du Code pénal social";
2° the second sentence, inserted by the law of 22 December 2008, is repealed.
Art. 112. In section 139bis of the same coordinated laws, inserted by the law of 22 December 2008, the words "primary cash" are replaced by the words "free family allowance cash".
Art. 113. In the same coordinated laws, the title of section 1re, Chapter XV, is replaced by the following:
"Section 1re. - Control exercised by the minister who has social affairs in his or her skills, the Federal Agency for Family Allowances and the Family Allowance Funds."
Art. 114. Article 140, paragraph 1er, of the same coordinated laws, as amended by the Royal Decree of 25 October 1960, the words "primary funds" are replaced by the words "free family allowance schemes", the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED" and the words "competent minister" are replaced by the words "minister who has the Social Affairs in his competence".
Art. 115. In section 141 of the same coordinated laws, replaced by the Act of December 21, 2013, the following amendments are made:
1° to paragraph 1erthe following amendments are made:
(a) the words "The National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
(b) the words "competent minister" are replaced by the words "Minister who has social affairs in his or her skills";
(c) the words "on employers affiliated to the Agency who are indebted with charitable contributions and" are repealed;
2° in paragraph 2, the words "Reports are drawn up" are replaced by the words "This state is established" and the words "competent minister" are replaced by the words "Minister who has the Social Affairs in his competence".
Art. 116. In section 142 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, as amended by the Royal Decrees of 10 April 1957 and 25 October 1960, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED", the words "primary funds" are replaced by the words "free family allowance funds" and the words "competent minister" are replaced by the words "minister who has social affairs in his skills";
2° Paragraph 2, inserted by Royal Decree No. 290 of 30 March 1936, is replaced by the following:
"The FAMIFED General Administration submits to its Management Committee annually a report on the General Monitoring Mission. This report is forwarded to the Minister who has social affairs in his or her competence after approval by the Management Committee."
Art. 117. In the same coordinated laws, the title of Chapter XV, section 2, is replaced by the following:
"Section 2. - Comptrollers designated or authorized by the Minister who has the Social Affairs in his or her skills as well as the Supervisory Services of the Federal Agency for Family Allowances and Family Allowance Funds".
Art. 118. In section 143 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, the words "competent minister" are replaced by the words "minister who has social affairs in his or her skills";
2° to paragraph 2, as amended by the Royal Decree of 25 October 1960, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale libre" and the words "The National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 119. In section 144 of the same coordinated laws, the following amendments are made:
1° in the opening sentence of paragraph 1er, the words "primary cash" are replaced by the words "free family allowance cash";
2° to paragraph 1er, a), as amended by the Act of May 2, 1958, the words "Minister of Labour and Social Welfare" are replaced by the words "Minister who has Social Affairs in his or her skills";
3° in paragraph 2, (a), the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED";
4° in paragraph 3, as amended by the Royal Decree of 25 October 1960, the words "primary cash" are replaced by the words "free family allowance cash" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 120. In section 145 of the same coordinated laws, replaced by the Act of 6 June 2010, the following amendments are made:
1° the words "of these laws and their decrees" are replaced each time by the words "of this law and its decrees";
2° in the Dutch text, the words "van deze wetten en van de uitvoeringsbesluiten" and the words "van deze wetten en hun uitvoeringsbesluiten" are replaced by the words "van deze wet en zijn uitvoeringsbesluiten".
Art. 121. In section 148 of the same coordinated laws, as amended by the Royal Decree of 25 October 1960, the words "competent minister" are replaced by the words "minister who has social affairs in his competence" and the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 122. In section 149 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, modified by the law of 30 December 1992, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the words "ministry of work and social foresight" are replaced by the words "minister who has social affairs in his skills";
2° to paragraph 3, as amended by the Act of 30 December 1992, the words "Minister of Labour and Social Welfare" are replaced by the words "Minister who has Social Affairs in his jurisdiction".
Art. 123. In section 150 of the same coordinated laws, as amended by the Royal Decree of December 19, 1939, the words "Minister of Labour and Social Welfare" are replaced by the words "Minister who has Social Affairs in his jurisdictions" and the words ", as well as those of the Régies, companies, communities, institutions and institutions referred to in section 138, which are pre-posed or cooperate in the purchase of goods" are repealed.
Art. 124. In section 151 of the same coordinated laws, as amended by the Royal Decree of October 25, 1960, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED" and the words "Minister of Labour and Social Welfare" are replaced by the words "Minister who has Social Affairs in his competence".
Art. 125. In section 152 of the same co-ordinated laws, replaced by the law of June 28, 2013, the words "The National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 126. In section 153, the same coordinated laws, as amended by the Royal Decree of October 25, 1960, the words "primary funds" are replaced by the words "free family allowance schemes", the words "the National Office of Family Allowances for Employee Workers" are replaced each time by the word "FAMIFED" and the words "competent minister" are replaced by the words "minister who has the powers".
Art. 127. In section 154 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, amended by the Royal Decree of 25 October 1960, the words "primary cash" are replaced by the words "free family allowance cash" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
2nd paragraph 2, (b), as amended by the Act of 30 December 1992, is supplemented by the words "and self-employed."
Art. 128. In the same co-ordinated laws, chapter XVI entitled "Chapter XVI. Criminal provisions" is repealed.
Art. 129. In section 165 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, last amended by the law of 30 December 1992, the words "caisses de compensation" are replaced by the words "caisses d'allocations familiale" and the word "workers" is replaced by the words "social insured";
2° in the same paragraph 1er, in the Dutch text, the words "deze kas" are replaced by the words "dit kinderbijslagfonds";
3° in the same paragraph 1er, the word "desservis" is replaced by the words "which depend on this family allowance fund";
4° in paragraph 3, as amended by the Royal Decree of 19 December 1939, the words "special cash" are replaced by the words "special family allowance cash".
5° to paragraph 4, as amended by the Act of 10 October 1967, the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 130. In section 166 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, modified by the royal decree of October 25, 1960, the words "caisse de compensation" are replaced by the words "caisse d'allocations familiale", the words "Office national d'allocations familiale pour travailleurs wages" are replaced by the word "FAMIFED", the words "cette caisse" are replaced by the words "cette caisse d'allocations familial" and the words "ou Office" are replaced
2° to paragraph 2, as amended by the Royal Decree of 19 December 1939, the word "salariés" is inserted between the word "workers" and the word "interested".
Art. 131. Article 169, paragraph 1er, of the same coordinated laws, as amended by the Royal Decree of 25 October 1960, the words "special funds" are replaced by the words "special family allowance schemes" and the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 132. In section 170 of the same coordinated laws, replaced by the Act of March 29, 2012, the words "The National Office for Family Allowances for Employees" and the words "the Agency" are replaced by the word "FAMIFED" and the words "qualified minister" are replaced each time by the words "Minister who has Social Affairs in his or her skills".
Art. 133. Article 170 bis, paragraph 1erthe following amendments are made:
1° the words "competent minister" are replaced by the words "Minister who has social affairs in his skills";
2° the words "special cash" are replaced by the words "special family allowance cash";
3° the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED";
4° the word "caisse" is replaced by the words "caisse d'allocations familial".
Art. 134. In section 171 of the same coordinated laws, the following amendments are made:
1° to paragraph 1er, amended by the Royal Decree of 25 October 1960, the words "The National Office of Family Allowances for Employees" are replaced by the word "FAMIFED", the words "the National Office of Family Allowances for Independent Workers" are replaced by the words "the National Institute of Social Insurance for Independent Workers" and the words "in the conditions determined by articles 250 and following of the Royal Decree 2238
2° Paragraph 2 is repealed.
Art. 135. Section 172 of the same coordinated laws, last amended by the Royal Decree of 23 January 1976, is repealed.
Art. 136. In article 173, paragraph 3, of the same coordinated laws, replaced by the Royal Decree of 25 October 1960, the words "the National Office for Family Allowances for Employees" are replaced by the word "FAMIFED" and the words "special cash" are replaced by the words "special family allowances".
Art. 137. In article 173bis of the same coordinated laws, inserted by the Royal Decree of 10 April 1964 and amended by the law of 30 December 1992, the words "the National Office of Family Allowances for Employees" are replaced by the word "FAMIFED".
Art. 138. In article 173ter of the same coordinated laws, inserted by the law of 29 December 1990, the words "Ministry of Social Welfare" are replaced by the words "Federal Public Service Social Security".
Art. 139. Article 173quater, paragraph 1er, of the same coordinated laws, inserted by the law of 4 April 1991, the words "of these laws" are replaced by the words "of this Act".
Art. 140. In section 173quinquies of the same coordinated laws, inserted by the Act of 4 April 1991, the following amendments are made:
1° in paragraph 3, in the Dutch text, the word "in" is inserted between the word "kinderbijslaginstelling" and the words "of bevoegde autoriteit";
2° in paragraphs 3 and 4, the words "of these laws" are replaced by the words "of this law".
Art. 141. In article 173sexies, paragraph 2, of the same coordinated laws, inserted by the law of 4 April 1991, the words "of these laws" are replaced by the words "of this Act".
Art. 142. In article 173ssepties, the same coordinated laws, inserted by the Royal Decree of 10 June 2001, the words "of these coordinated laws" are replaced by the words "of this Act".
Art. 143. Section 175 of the same coordinated laws, as amended by the Royal Decree of 19 December 1939, is repealed.
Art. 144. In the same co-ordinated laws, the section entitled "Transitional Provisions", comprising sections 176 and 177, as amended by the Royal Decree of 19 December 1939 and the Royal Decree of 25 October 1960, is repealed.
Art. 145. In the same co-ordinated laws, the section entitled "Transitional provisions introduced by the Royal Decree of 30 March 1936", comprising section 178, as amended by the Royal Decree of 19 December 1939, is repealed.
Art. 146. In the same co-ordinated laws, the section entitled "Additional Article added by the same Order", comprising section 181, as amended by the Royal Decree of 19 December 1939, is repealed.
Art. 147. In the same coordinated laws the section entitled "Transitional provisions introduced by the Royal Decree of 22 December 1938" is repealed.
Art. 148. In the same coordinated laws the section entitled "Additional Provisions" inserted by the Decree-Law of August 22, 1946 is repealed.
Art. 149. In the same coordinated laws, a new chapter XVIII entitled “Chapter XVIII”. Amending, abrogatory and transitional provisions".
Art. 150. In the new chapter of the same co-ordinated laws, an article 175 is inserted as follows:
"Art. 175. Are repealed:
1° Articles 1er to 7 included and 9 of the Act of 29 March 1976 on the Family Benefits of Independent Workers, amended by the Acts of 17 March 1993, 6 April 1995, 20 December 1995 and the Royal Decree of 18 November 1996;
2° the Royal Decree of 8 April 1976 establishing the Family Benefits Plan for Independent Workers, last amended by the Royal Decrees of 20 January 2009, 9 May 2009, 12 July 2009, 9 July 2010, 3 September 2010, 16 April 2013 and 19 July 2013;
3° the Royal Decree of 27 April 1976 supplementing the Royal Decree of 8 April 1976 establishing the Family Benefits Plan for Independent Workers, last amended by the Royal Decrees of 25 May 1984, 9 March 1985, 3 July 1985, 3 September 1985, 23 December 1986, 29 September 1987, 21 February 1991, 13 March 1995, 30 September 1997, 13 July 2001, 31 December 2003, 17 September 2005, 12 July 2006, 9 May 2007 and 3 September 2010;
4° the Royal Decree of 10 April 1987 amending the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers;
5° the Royal Decree of 5 November 1987 amending the Royal Decree of 8 April 1976 establishing the Family Benefits Plan for Independent Workers;
6° the Royal Decree of 21 February 1991 amending certain provisions relating to the family benefits scheme for independent workers;
7° the royal decree of 21 February 1991 carrying out article 34, § 4, of the royal decree of 8 April 1976 establishing the family benefits scheme for independent workers;
8° the royal decree of 28 August 1991 carrying out articles 20, §§ 2 and 3, 26 and 35 of the royal decree of 8 April 1976 establishing the regime of family benefits for independent workers and article 23 of the royal decree of 21 February 1991 amending certain provisions concerning the regime of family benefits for independent workers, amended by the royal decrees of 16 November 1999 and 13 July 2001;
9° the royal decree of 25 January 2004 carrying out articles 20, 26 and 35, § 2, of the royal decree of 8 April 1976 establishing the family benefits scheme for independent workers, as amended by the royal decrees of 5 August 2006, 25 February 2007 and 9 May 2009;
10° the Royal Decree of 19 July 2005 carrying out articles 17, 17bis, 19 and 20, § 1erof the Royal Decree of 8 April 1976 establishing the family benefits scheme for self-employed persons, as amended by the Royal Decrees of 26 and 27 April 2007 and the Royal Decree of 18 September 2008;
11° the ministerial decision of 29 September 1980, which was taken pursuant to article 27 of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers, as amended by the ministerial decrees of 20 October 1986, 7 May 1991 and 28 March 1994;
12° the ministerial order of 2 August 1985, taken in execution of Article 34 of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers, as amended by the ministerial decree of 22 February 1991;
13° Article 21, paragraph 2, of the Act of 10 June 1998 amending the coordinated laws of 19 December 1939 relating to family allowances for wage workers, in that it aims:
(a) Article 3 of the Act of 10 June 1998 referred to above, to the extent that it covers articles 77, 78 and 79 of the coordinated laws of 19 December 1939 relating to family allowances for employed workers;
(b) Articles 4, 1°, 10, 12 and 19 of the same law.
Art. 151. In the new chapter of the same co-ordinated laws, an article 175/1 is inserted as follows:
"Art. 175/1. The social object in the statutes of family allowances approved before 1er July 2014 is extended to the distribution of family allowances, birth allowance and adoption allowance for self-employed workers. ".
Art. 152. In the new chapter of the same co-ordinated laws, an article 175/2 is inserted as follows:
"Art. 175/2. The National Institute of Social Insurance for Independent Workers, which managed family benefits files under section 5 of the Act of 29 March 1976, transfers its mission in respect of family benefits exclusively to FAMIFED.".
Art. 153. In the new chapter of the same coordinated laws, an article 175/3 is inserted as follows:
"Art. 175/3. Social insurance funds remain competent for the payment or recovery of family benefits for a period prior to 1er July 2014. "
Art. 154. In the new chapter of the same co-ordinated laws, an article 175/4 is inserted as follows:
"Art. 175/4. The legal provisions not contrary to this Act, which refer to provisions of the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers, are presumed to refer to the equivalent provisions of this Act.".
Art. 155. In the new chapter of the same co-ordinated laws, an article 175/5 is inserted as follows:
"Art. 175/5. The general and individual exemptions granted under the Royal Decree of 8 April 1976 establishing the family benefits scheme for independent workers continue to produce their effects for the purposes of this Act.".
Art. 156. In the new chapter of the same co-ordinated laws, an article 175/6 is inserted as follows:
"Art. 175/6. The regulations made pursuant to and pursuant to the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers and its enforcement orders apply to the independent worker to the extent necessary for the execution of this Act.".
Art. 157. In the new chapter of the same co-ordinated laws, an article 175/7 is inserted as follows:
"Art. 175/7. The regulations made pursuant to and pursuant to the co-ordinated laws of 19 December 1939 relating to family allowances for employed workers are assumed to refer, whenever they mention the terms of the National Office of Family Allowances for Employees or one of its abbreviations, to the Federal Agency for Family Allowances (FAMIFED).
The same applies to all legal provisions that would refer to the National Office for Family Allowances for Employees or to one of its abbreviations.
The legal and regulatory provisions that mention the coordinated laws relating to family allowances for employed workers or one of their abbreviations are assumed, whenever they refer to them, to the General Law on Family Allowances (FAA). ".
Art. 158. This Act comes into force on 30 June 2014 with the exception of sections 84, 3°, 102 and 103 that produce their effects on 1er January 2014, and Article 11, 9°, with respect to paragraphs 3 and 4 of paragraph 3 that it inserts, which comes into force on 1er May 2014 and articles 75, 1°, 84, 4°, 86 and 115, 1°, c), which come into force on 1er January 2015.
Promulgate this Act, order that it be coated with the ssceau of the State and published by the Belgian Monitor.
Given in Brussels, 4 April 2014.
PHILIPPE
By the King:
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Average Class,
Mrs. S. LARUELLE
The Secretary of State for Social Affairs and Families,
Ph. COURARD
Seal of the state seal:
The Minister of Justice,
Ms. A. Turtelboom
____
Note
(1) Session 2013-2014.
House of Representatives
Documents. - 53K3339
Senate
Document. - 5-2523