4 SEPTEMBER 2002. - An Act to entrust public social assistance centres with the mission of guidance and financial social assistance in the provision of energy to the poorest people (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Public social assistance centres, referred to as CPAS, are responsible for:
1° give people who have difficulties in paying their gas or electricity bills, the necessary social and budgetary support and guidance. This accompaniment to clients in difficulty includes:
- negotiating payment plans;
- the development of budgetary guidance;
2° to provide financial social assistance to persons whose debt situation is such that they can no longer face, despite their personal efforts, the payment of their gas and electricity bills.
Art. 3. Except as opposed to the customer, the distribution company sends to the relevant CPAS the list of customers in difficulty of payment in order to allow the CPAS to contact them.
The King defines the terms and conditions relating to the client's opposition and the transmission of this list.
Art. 4. § 1. An annual lump-sum amount of EUR 37,184 per full-time equivalent is provided to CPAS to cover the gross annual salary charge of staff determined in the following paragraph and the costs associated with that staff.
§ 2. Funding is carried out in accordance with a double key: the number of beneficiaries of the increased intervention of insurance referred to in Article 37, §§ 1^er and 19 of the Compulsory Health Care and Compensation Insurance Act, co-ordinated on 14 July 1994, by commune of 1^er January of the previous year, on the one hand and the number of failing debtors registered at the Central of Credits to the Individuals by common at 1^er March of the previous year on the other hand.
For the calculation of the number of failed debtors registered at the Central Credits to Individuals, reference is made to the date of 1^er March 2002 in the first year of application.
When it appears from the accounts that a CPAS, based on the number of failing debtors registered at the Individual Credit Centre, falls in a higher class compared to the number of recipients of the increased insurance intervention, the highest class is considered.
For the purposes of this section, the following standards shall be taken into account:
(a)
- Class 1: for municipalities with less than 1,000 beneficiaries of the increased insurance intervention: a half-time equivalent;
- Class 2: for municipalities with a total of between 1,000 and less than 2,000 beneficiaries of the increased insurance intervention: a full-time equivalent;
- Class 3: for municipalities with a total of 5,000 to less than 5,000 beneficiaries of the increased insurance intervention: three full-time equivalents;
- Class 4: for municipalities with between 5,000 and less than 10,000 beneficiaries of the increased insurance intervention: five full-time equivalents;
- Class 5: for municipalities with between 10,000 and less than 20,000 beneficiaries of the increased insurance intervention: eight full-time equivalents;
- Class 6: for municipalities with 20,000 beneficiaries or more of the increased intervention of insurance: ten full-time equivalents.
(b)
- Class 1: for municipalities with less than 500 failing debts registered at the Individual Credit Centre: a half-time equivalent;
- Class 2: for municipalities with between 500 and less than 1,000 failing debtors registered at the Individual Credits Central: a full-time equivalent;
- Class 3: for municipalities with between 1,000 and less than 2,500 deficient debtors registered at the Individual Credit Centre: three full-time equivalents;
- Class 4: for municipalities with between 2,500 and less than 5,000 deficient debtors registered at the Central of Credits to Individuals: five full-time equivalents;
- Class 5: for municipalities with between 5,000 and less than 7,500 failing debtors registered at the Individual Credits Central: eight full-time equivalents;
- Class 6: for municipalities with 7.500 or more deficient or registered debtors at the Central of Personal Credits: ten full-time equivalents.
§ 3. The amount referred to in § 1^er is automatically indexed and the King can adapt it according to the evolution of wages by a deliberate decree in the Council of Ministers.
Art. 5. The financing referred to in Article 4, §§ 1^er and 2, depends, from 1^er January 2005, the approval by the competent authorities of the relevant CPAS debt mediation service or its agreement with a service or person authorized by the competent authorities.
Art. 6. In order to ensure the tasks set out in Article 2, 2°, the federal state distributes annually, after deduction of the means necessary for the financing of the measures provided for in Article 4, the balance of the funds referred to in Article 7 between the CPAS on the basis of the sum of the number of beneficiaries of the minimum means of existence or the right to social integration and the number of foreigners registered in the population register and receiving financial assistance from the CPAS^er January of the previous year.
This balance shall be allocated exclusively:
- an intervention concerning the payment of unpaid invoices and/or
- to measures within the framework of a preventive social policy on energy.
Art. 7. The means necessary for the financing of the measures provided for in sections 4 and 6 are taken from the funds provided for in section 21 of the Act of 29 April 1999 on the organization of the electricity market and section 15/11 of the Act of 12 April 1965 on the transport of gas and other products by pipelines.
Art. 8. This Act produces its effects on 1^er January 2002.
Promulgate this law, order that it be coated with the Seal of the State and published by the Belgian Monitor.
Given in Brussels, 4 September 2002.
ALBERT
By the King:
Minister of Social Integration,
J. VANDE LANOTTE
Minister of Economy and Scientific Research, responsible for the policy of major cities,
C. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) See:
Documents of the House of Representatives:
50-1664 - 2001/2002:
Nr. 1: Bill.
Nrs. 2-3: Amendments.
Nr. 4: Report.
Nr. 5: Text adopted by the Commission.
Nr. 6: Supplementary report.
Nr. 7: Text adopted by the Commission.
Nr. 8: Text adopted in plenary and transmitted to the Senate.
Full report: 23 May 2002.
Documents of the Senate:
2-1163 - 2001/2002:
Nr. 1: Project referred to by the Senate.
Nrs. 2 in 3: Amendments.
Nr. 4: Report.
Nr. 5: Amendments.
Nr. 6: Decision not to amend.
Annales du Sénat : 10 juillet 2002.