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21 FEBRUARY 2003. - An Act to create a Food Claims Service within the FPS Finance (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. . - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Definitions
Art. 2. For the purposes of this Act:
1° maintenance:
(a) the maintenance of children and fixed either by an enforceable judicial decision or by an agreement referred to in article 1288, 3°, of the Judicial Code or by an enforceable agreement referred to in articles 731 to 734 of the Judicial Code;
(b) the maintenance due between spouses or cohabitants and fixed either by an enforceable judicial decision or by an agreement referred to in article 1288, 4°, of the Judicial Code;
2° the Food Claims Service: Service within the Finance SPF with non-tax recovery in its skills.
CHAPTER III. - The intervention
Food Claims Service
Art. 3. § 1^er. The Food Claims Service is responsible for providing advances in respect of one or more specific terms of maintenance and for collecting or collecting advances, as well as the balance and arrears of food claims to the debtor of food.
§ 2. The payment of food claims by the Food Claims Service does not affect the application of the penal provisions provided for in the event of non-payment of these claims by the food debtor and, in particular, articles 360bis, 391bis and 391ter of the Criminal Code.
Art. 4. The amount of each of the advances is equal to that of the maintenance, if indexed, with a maximum of 175 euros per month and per creditor of food.
In the case of partial payment of a term of maintenance by the debtor of food less than that set out in paragraph 1^er, the advance is limited to the difference between the amount set out in paragraph 1^er and the amount actually received.
The King may, by order deliberately in the Council of Ministers, amend the maximum amount and the terms and conditions of the award of advance.
Art. 5. The intervention of the Food Claims Service entails payment of a contribution to the operating costs of this service.
The amount of this contribution is as follows:
(1) dependant on the debtor of food: 10% of the amount of money to be collected or recovered principally;
(2) dependant on the creditor of food: 5% of the balance of the amount of the debt collected or recovered and the arrears received or recovered.
Art. 6. The food creditor may request the intervention of the Food Claims Service when the food debtor has subtracted from the obligation to pay food in whole or in part, for two consecutive or non-consequential deadlines, during the twelve months preceding the application.
The application of this Act is limited to food creditors with their domicile or habitual residence in Belgium.
Art. 7. The application is filed in two copies with the Food Claims Service.
The application is signed by the food creditor, his legal representative or his lawyer and includes:
1° the name, first name, date of birth, place of birth and domicile of the creditor of food;
2° the name, first name, date of birth, place of birth and last known domicile of the debtor of food;
3° the amount of the food debt and the indication of the date and amount of the terms to which the food debtor has subtracted in whole or in part;
4° the order given to the Food Claims Service to collect or recover the full terms of the maintenance and the arrears;
5° where applicable, the documents relating to a stay or other enforcement measures that the creditor has taken to ensure the recovery of the amounts due.
Attached to the request, the shipment or the minute shall be made of the enforceable formula, the judicial decision or the act referred to in 1288, 3° or 4°, the Judicial Code, the enforceable judicial decision or the enforceable agreement, fixing or amending the maintenance, the documents relating to the meaning of the judicial decision, as well as the documents relating to enforcement.
Art. 8. Upon receipt of the application, the Food Claims Service shall notify, by registered letter to the post, of the request for intervention to the food debtor. This notification expressly states that if the intervention is granted, the Food Claims Service will conduct the collection and recovery of food claims instead of the food creditor.
The food debtor shall have a period of fifteen days beginning on the recommended date of the notification referred to in paragraph 1^er to demonstrate that he has regularly executed the judicial decision or the agreement referred to in Article 1288, 3° or 4°, of the Judicial Code or that the title of the food claim invoked by the food creditor is no longer present.
Art. 9. § 1^er. As soon as the application is complete, the Food Claims Service has 30 days to decide whether or not the food creditor is entitled to the intervention of the Food Claims Service.
§ 2. The Food Claims Service notifies its decision to the food creditor by regular mail.
§ 3. The creditor of food may appeal by request to the judge of the seizures, barely deferred within one month of the notification provided in § 2, of the decision not entitled to his request or where no decision has been made within the time limit provided for in § 1^er.
Art. 10. § 1^er. When the intervention is granted, the Food Claims Service sends to the food debtor a recommended letter to the position informing it that it collects and recovers the food debt and arrears in place of the food creditor.
This notification contains the identity of the food creditor, the title of the food debt, a statement of the amounts to be paid and the due date of payment of the maintenance allowance, and the account number of the Food Claims Service on which the amounts must be paid.
§ 2. Where applicable, this notification shall remain for the amounts it designates.
§ 3. From the date of notification of the decision until the date of notification of the termination of the intervention referred to in Article 11, § 2, only payments made to the Food Claims Service are free of charge.
§ 4. Any new data that may affect the amount of advances, maintenance or collection of such amounts must be communicated to the Food Claims Service by the most diligent party or by a third party.
Art. 11. § 1^er. The food creditor may waive at any time at the intervention of the Food Claims Service. Payment of advances shall be terminated as soon as all outstanding terms of maintenance have been paid to the Maintenance Claims Service for at least six consecutive months.
§ 2. The Food Claims Service shall inform the creditor of food by regular mail and the debtor of food and, where appropriate, third-party debtors, by registered letter to the post, of the termination of his intervention. The notification to the food debtor further states that, from the end of the intervention, only payments to the food creditor are liberating.
CHAPTER IV. - Collection and recovery of food debt
Section I^ère. - Perception and recovery of the debtor of food
Art. 12. The Food Claims Service is subject to full right, up to the amount of the advance granted, to the creditor of food, including civil rights and actions and the guarantees available to the creditor for the collection and recovery of its food debt.
For the collection and recovery of the balance and arrears of the food debt, the Food Claims Service acts on behalf of and on behalf of the food creditor.
Art. 13. As early as one month after the notification referred to in Article 10, the Food Claims Service shall collect amounts due by means of a constraint, in accordance with the provisions of Article 94 of the State Accounting Laws, coordinated on 17 July 1991.
Art. 14. § 1^er. After the service of the constraint referred to in Article 13, the Food Claims Service may, by registered letter to the post, make an arrest of the amounts and assets of which the depositary or debtor of the debtor of food is liable or must return. The seizure is also notified by registered letter to the position of the food debtor.
§ 2. For the surplus, the provisions referred to in Article 85 bis, § 1^er, paragraphs 2 and 3, § 2 and § 3, of the Value Added Tax Code are applicable.
Art. 15. Where the creditor of food has been authorized in court to collect, excluding the debtor of food, the conditions and within the limits determined by the judgment, the income of the latter or any other amount due to it by a third party, the Service of Food Claims may, without prejudice to the ordinary enforcement measures and after notification by registered letter to the post of the decision of intervention, oppose the judicial decisions or the agreement referred to in the Code 3
A third party debtor may, after notification, make liberatory payments only to the Food Claims Service.
Art. 16. § 1^er. Limitations and exclusions of assignment and seizure under articles 1409, 1409bis and 1410, § 1^er§ 2, 1° to 6°, § 3 and § 4, of the Judicial Code are not applicable.
§ 2. However, no recovery may be made as long as the debtor of food benefits from the integration income or has only resources of less than or equal to the amount of the integration income to which it would be entitled.
In addition, recovery may not have the effect of bringing down the debtor's resources below the amount of integration income to which it would be entitled.
§ 3. If the food debtor has obtained a collective payment of debts in accordance with sections 1675/2 and following of the Judicial Code, the Food Claims Service, when acting under section 6 or section 8, is deemed to have the status of a maintenance creditor, for the purposes of sections 1675/7 and 1675/13 of the Judicial Code.
Section II. - Retrieval of the food creditor
Art. 17. The Food Claims Service may claim the total or partial refund of the amounts paid when the food creditor failed to provide the Service with any new information that could have an impact on the amount of advances or food receivable and that was known to the Service, when it deliberately made an inaccurate or incomplete declaration, or when it is determined that the amount of maintenance was determined on the basis of fraudulent statements or statements.
The Royal Decree of 31 May 1933 concerning declarations to be made in respect of grants, allowances and allowances is applicable.
Art. 18. Unduly paid amounts are recovered by the Food Claims Service by means of a constraint, in accordance with Article 94 of the State Accounting Laws, coordinated on 17 July 1991.
Art. 19. As soon as the debt is due, the food creditor can only interrupt the execution by bringing a lawsuit to the judge of the seizures within three months of the meaning of the constraint.
Art. 20. The Food Claims Service may use the execution seizure-off referred to in section 14 for the recovery of the food creditor.
Art. 21. The Food Claims Service shall return to the food debtor the amounts that it has paid unduly and the related costs.
This restitution is made according to the amounts actually recovered from the food creditor.
Section III. - Information to be provided by public services, institutions and public officials and private individuals
Art. 22. In order to ensure recovery, public services or agencies responsible for a public interest mission are required to provide, at their own cost, any relevant information regarding the resources, domicile or residence of the debtor of food. The King shall rule the terms and conditions of application of this provision.
Without prejudice to the regulation of professional secrecy, the Food Claims Service may request, by request, the justice of the peace of the domicile of the food debtor, to order the private persons designated by it, to disclose any information or documents relating to the amount of income or other property of the food debtor.
CHAPTER V. - Maintenance income and expenditure
Section I^ère. - Imputation of income
Art. 23. A payment made by the food debtor is charged successively on:
1° recovery costs advanced by the Service;
2° the operating expenses referred to in Article 5;
3° interest;
4° advances granted;
5° the difference between the amount of food debt and the amount of advance granted;
6° the amount of the arrears available on the date of the request for intervention.
Section II. - Financial transactions
Art. 24. § 1^er. The accountant responsible for the maintenance and payment of the balance and arrears, opens a financial account for which it manages. This financial account is used only for the income and expenses of the maintenance, for the return of undue payments by the debtor of food and for the payment of recovery fees.
The Minister of Finance determines the terms and conditions for the opening, use and closing of the financial account.
The Minister of Budget is informed of the opening and closing of the financial account.
§ 2. Financial account management costs are borne by the accountant's department.
Art. 25. All revenues and expenditures on the financial account are deemed to be made on behalf of third parties.
Revenues that correspond to the amount of advances granted are paid to the Consolidated Revenue Fund in accordance with the terms and conditions to be determined by the Minister of Finance.
Revenues that correspond to the amount of the maintenance balance and arrears are paid to the creditor of food, in accordance with the terms and conditions to be determined by the Minister of Finance.
Revenues that correspond to the amount of undue payments are paid to the debtor of food, in accordance with the terms and conditions to be determined by the Minister of Finance.
Fund advances are granted to the Accountant for the payment of recovery fees, in accordance with the terms and conditions to be determined by the Minister of Finance.
Art. 26. § 1^er. If the accountant finds it impossible to recover the advances granted, he or she requests the Minister of Finance or his or her delegate to suspend the recovery order.
The amount for which recovery has been suspended is recorded as "in indefinite overseverance".
The accountant will re-assess if a possible recovery occurs later.
§ 2. If the accountant considers that any advances granted are definitively uncollectable, he or she may request the Minister of Finance or his or her delegate to waive and cancel the debt. The accountant is informed of the decision to cancel the debt.
Art. 27. § 1^er. If the accountant finds the impossibility of recovering the balance of the maintenance or arrears or interest, the accountant shall notify the creditor of the food by registered letter to the position.
The amount for which recovery has been suspended is recorded as "in indefinite overseverance".
When the creditor of food may disclose new elements relating to the income or assets of the debtor of food, he or she may request the accountant to proceed with the recovery.
§ 2. If the accountant considers that the balance of the maintenance, the arrears or interest are permanently uncollectable, he or she may ask the Minister of Finance or his or her delegate to waive the recovery of that debt and cancel it. The accountant is informed of the decision to cancel the debt.
The accountant shall inform the creditor of the decision of the Minister of Finance by registered letter to the position.
CHAPTER VI. - Tax provisions
Art. 28. § 1^er. Section 162 of the Code of Registration, Mortgage and Registry Rights is supplemented as follows:
"47° the acts, judgments and judgments relating to the interventions set out in the Act of 21 February 2003 creating a Food Claims Service within the SPF Finance."
§ 2. Section 59-1 of the Stamp Rights Code is supplemented as follows:
"63° the acts, judgments and judgments relating to the interventions set out in the Act of 21 February 2003 creating a Food Claims Service within the SPF Finance;".
CHAPTER VII. - Establishment of an evaluation commission
Art. 29. A committee to assess the Act of February 21, 2003 was established within the SPF Finance to establish a Food Claims Service within the SPF Finance. The commission has an equal number of members of each sex. It is responsible for preparing an annual evaluation report for the Minister responsible for Finance and the Minister responsible for Budget, and for submitting opinions.
The Minister of Finance is responsible for the submission of this report to the Federal Legislative Chambers, accompanied by comments from the Ministers referred to in paragraph 1^er.
The King sets out the composition and functioning of the Commission.
CHAPTER VIII. - Abrogatory provision and entry into force
Art. 30. The following articles of the Organic Act of 8 July 1976 on public social welfare centres are repealed:
1st article 68bis, inserted by the law of 8 May 1989 and amended by the law of 29 December 1990, the royal decree of 11 December 2001 and the law of 26 May 2002;
2° Article 68ter , inserted by the law of 8 May 1989 and amended by the law of 29 December 1990;
3° Article 68quater, inserted by the law of 8 May 1989 and amended by the law of 29 December 1990.
Art. 31. This Act comes into force on the first day of the sixth month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 February 2003.
ALBERT
By the King:
Minister of Finance,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Parliamentary references:
Documents of the House of Representatives:
50-1627-2001/2002:
- No. 1: Proposal by Mrs. Herzet, Coenen, Burgeon, Mr. Verherstraeten, Ms. Grauwels, Mr. J.-J. Viseur and Mrs. De Meyer, Moerman, Van Weert and Cahay-André.
- No. 2 - 9: Amendments.
- No. 10: Opinion of the Court of Auditors.
- No. 11: Opinion of the Council of State.
50-1627-2002/2003:
- No. 12 - 17: Amendments.
- Number 18: Report.
- No. 19: Text adopted by the commission (art. 77 of the Constitution).
- No. 20: Text adopted by the commission (Article 78 of the Constitution).
- No. 21: Text adopted in plenary and transmitted to the Senate (Article 78 of the Constitution).
Full report: 23 January 2003.
Documents of the Senate:
2-1439-2002/2003:
- No. 1: Project not referred to by the Senate.