An Act To Amend The Law Of 22 March 2001 Establishing The Guaranteed Income For The Elderly

Original Language Title: Loi modifiant la loi du 22 mars 2001 instituant la garantie de revenus aux personnes âgées

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013022607&caller=list&article_lang=F&row_id=1000&numero=1056&pub_date=2013-12-16&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-12-16 Numac: 2013022607 SERVICE PUBLIC FEDERAL security social 8 December 2013. -Act to amend the law of 22 March 2001 establishing the guaranteed income for the elderly PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. article 2 of the law of 22 March 2001 establishing the guaranteed income for the elderly, amended by the law of 23 December 2005, is complemented by the 5 ° and 6 °, worded as follows: "5 ° cohabiting legal: the person who has submitted a written statement of legal cohabitation in application of article 1475 of the civil Code;"
6 ° member of the family within the framework of the Euro-Mediterranean agreements, ratified between the Member States of the European Union and, respectively, the Morocco and the Algeria and the Tunisia: the spouse not legally separated or body or non-divorced spouse. "."
S. 3. at article 4 of the Act, as amended by the Act of 22 June 2012, the following changes are made: 1 ° 1st paragraph, 2 ° is supplemented by the words "or regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;";
2 ° in the same paragraph, the 4th is supplemented by the words "or the beneficiaries of subsidiary protection referred to in article 49/2 of the Act of 15 December 1980;";
3 ° in the same paragraph is inserted 7 as follows: "7 ° nationals of a State party to the European Social Charter of the Council of Europe, signed at Turin on 18 October 1961 and ratified by the Act of 11 July 1990 or to the revised European Social Charter of the Council of Europe, signed in Strasbourg, on 3 May 1996 and approved by the law of March 2, 2004;";
4 ° article is supplemented by a paragraph worded as follows: "under the provision of paragraph 1, 4 °, this article transposes partially Directive 2011/95/EU of December 13, 2011 of the European Parliament and of the Council relating to the conditions to be fulfilled by third-country nationals or stateless persons to qualify for international protection, a uniform status for refugees and persons eligible for subsidiary protection standards , and the content of the protection in relation to beneficiaries of subsidiary protection referred to in article 49/2 of the Act of 15 December 1980. "."
S.
4. article 6 of the Act is replaced by the following: 'article 6 § 1.
The annual amount of the guaranteed income amounts up to 4 653.00 euros.
Without prejudice to the application of section 2 of this chapter, this amount is awarded to the person who meets the age requirements laid down in articles 3 and 17 and that shares the same main residence with one or more other persons.
Are expected to share the same principal residence, the applicant and any other person who ordinarily resides with him in the same place.
Habitual residence is clear from the inscription in the registers of the population of the commune of place of residence.

§ 2. The 1.50 coefficient shall be applied to the amount referred to in paragraph 1 for the beneficiary who does not share his main residence with one or more other persons and who meets the age requirements laid down in articles 3 and 17.
Notwithstanding the entry in the registers of the population at the same address as the applicant, the following persons are not expected to share the same principal residence that the applicant: 1 ° the minor children;
2 ° the major children for whom family allowances are perceived;
3 ° the persons accommodated in the same rest house, the same House of rest and care, or the same House of psychiatric care of the applicant;
4 ° or allied on-line top-down or bottom-up parents and their legal cohabitants.
§ 3. The 1.50 coefficient shall be applied to the amount referred to in paragraph 1erpour the beneficiary who: 1 ° has the same principal place of residence that the spouse or cohabitant it legal while latter was admitted to a nursing home or a House of rest and care in a psychiatric care home and who doesn't have this House as a principal place of residence and provided that the beneficiary does not share this main residence with a or several people other than a relative or ally in descending or ascending direct line and their cohabiting, or one or more minor or major children for whom family allowances are perceived;
2 ° has the same principal place of residence that the spouse or cohabitant it legal while this beneficiary was admitted to a nursing home or a House of rest and care in a psychiatric care home and who is not this House as a principal place of residence;
3 ° has the same principal place of residence that the spouse or cohabitant it legal so that both the beneficiary that the spouse or cohabitant it legal have been admitted to a nursing home or a House of rest and care in a psychiatric care home and who do not have this House as a principal place of residence.
§
4. The King may determine, by Decree deliberated in the Council of Ministers, under what conditions the provisions of paragraphs 2 and 3 may be extended to other categories of persons as it may determine.

§ 5. The King may, by Decree deliberated in the Council of Ministers, increase the amount referred to in paragraph 1.
§ 6. The amount referred to in paragraph 1 is linked to the index 103.14 (base 1996 = 100) and varies in accordance with the provisions of the law of 2 August 1971 organizing a system of binding to the index of prices to the consumption of the salaries, wages, pensions, allowances and subsidies to the public Treasury of certain social benefits, on the limits of compensation to take into account for the calculation of certain contributions of social security of workers , as well as obligations in social matters to the self-employed.
§
7. The amount referred to in paragraph 1 is adjusted every two years. For this purpose, the King determines, by Decree deliberated in the Council of Ministers, the coefficient of rehabilitation on the basis of the decision which is taken in maximum for the evolution of labour costs in execution, either article 6 or article 7 of the law of 26 July 1996 on the promotion of employment and the preventive of competitiveness preservation. "."
S. 5. article 7 of the Act, as amended by the Act of 9 July 2004, is replaced by the following: 'article 7 § 1.
The guaranteed income may be granted only after examination of resources and pensions. All resources and pensions, of any kind they are, have the person or the spouse or cohabitant with which it shares the same main residence, are taken into account for the calculation of the guaranteed income, subject to the exceptions laid down by the King.
For the person who lives in the community or who shared the residence with other people, other than the spouse or cohabitant it legal, it is only taken into account resources and pensions which the applicant has personally. When the person concerned satisfies the conditions laid down in article 6, § 2, account shall be taken, for the calculation of the guaranteed income, only resources and pensions available to it personally.
The King determines which resources it is not taken into account in the establishment of the guaranteed income.
§ 2. Total resources referred to in paragraph 1, and the pension is, after deduction of the immunizations referred to in articles 8 to 10 and 12, divided by the number of people whose resources and pensions are, in accordance with paragraph 1, taken into account, including the person concerned. This total is communicated to the person concerned.
By way of derogation from the preceding subparagraph, the number of minors of age and major children for whom family allowances are perceived, limited, in both cases, first degree in relation to the person or the spouse or to the cohabiting legal, and to the extent that they are registered in the register of the population at the address of the person concerned, is included in the denominator.
Are also included in the denominator, children placed by judicial decision to the person concerned or of his spouse or cohabitant legal, for whom family allowances are perceived and who are registered in the register of the population at the address of the person concerned.
The result of this calculation is, after deduction of the immunization referred to in article 11, deducted from the annual amount referred to in article 6, §§ 1, 2, or 3, as the case may be.
§ 3. The fixed King in what circumstances and under what conditions the amount referred to in article 6, § 1, is converted without a re-examination on resources to the amount referred to in article 6, §§ 2 or 3.
§ 4. For the purposes of § 1, paragraph 2, the King determines, by Decree deliberated in the Council of Ministers, what is meant by "person who lives in the community". "."
S.
6. in articles 8, 10, 12 and 13 of the Act, the words "' people with" every time are replaced by the words "the spouse or cohabitant it legal with".
S. 7. article 11 of the Act is replaced by the following: 'article 11. the guaranteed income is reduced by that part of the resources that exceeds the amount fixed by the King.
This amount may be different depending on whether a beneficiary referred to in article 6, §§ 1, 2, or 3. "."
S. 8. sections 110 and 111 of the Act of 6 May 2009 laying of the provisions are repealed.

S. 9. this Act comes into force January 1, 2014, with the exception of article 3 (2), which comes into force on December 21, 2013 and with the exception of article 3, 3 °, which comes into force on the date fixed by the King.
Respect of which a decision on guaranteed income for the elderly was taken with effect prior to January 1, 2014, retain the amount allocated to them until the moment where, ex officio or on request, in accordance with the provisions of Chapter 2, sections 2 and 3, of the royal decree of 23 May 2001 on the general regulation on guaranteed income for the elderly reconsideration decision is taken following recent developments which occur no earlier than 1 January 2014.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 8, 2013.
PHILIPPE by the King: the Minister of Pensions, A. DE CROO sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note records of the House of representatives: 53-2953-2012/2013: No. 1: Bill.
53 - 2953 - 2013/2014: No. 2: amendments. -No. 3: report. -No 4: Text adopted by the commission.
-No 5: amendments. -No 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: November 7, 2013.
The Senate documents: 5-2330. -2013/2014: No. 1: project not referred by the Senate.