belgiquelex.be - Carrefour Bank of Legislation

26 MAI 2002. - Law concerning the right to social integration (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^er. - Right to social integration
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Everyone has the right to social integration. This right may, under the conditions set out in this Act, take the form of employment and/or integration income, whether or not accompanied by an individualized social integration project.
Public social assistance centres are responsible for ensuring this right.
Art. 3. In order to benefit from the right to social integration, the person must simultaneously and without prejudice to the specific conditions provided by this law:
1° having its effective residence in Belgium, in the sense to be determined by the King;
2° be a major or assimilated to a major person under the provisions of this Act;
3° belong to one of the following categories:
- possessing Belgian nationality;
- benefit from the application of Regulation (C.E.E.) No 1612/68 of 15 October 1968 of the Council of the European Communities concerning the free movement of workers within the Community;
- be registered as a foreigner in the register of the population;
- be a stateless person and fall under the application of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954 and approved by the law of 12 May 1960;
- be a refugee within the meaning of section 49 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens;
4° do not have sufficient resources or be able to claim or be able to obtain them, either by his personal efforts or by other means. The centre calculates the human resources in accordance with the provisions of heading II, chapter II;
5° be willing to work unless health or equity reasons prevent it.
6° assert its rights to benefits under Belgian and foreign social legislation.
Art. 4. § 1^er. The individual may be required to assert his or her rights with respect to persons who owe him or her food, which are limited to: his or her spouse or, where applicable, his or her ex-spouse; the ascendants and descendants of the first degree, the adopter and the adopter.
§ 2. The maintenance agreements are not enforceable at the centre.
§ 3. The centre may act in full right in the name and in favour of the individual in order to assert the rights referred to in Articles 3, 6°, and 4, § 1^er.
Art. 5. For the purposes of this Act:
1° center: the public social welfare centre;
2nd Minister: the Minister who has the Social Integration in his duties.
CHAPTER II. Beneficiaries
Section 1^re. - Social integration for persons under 25 years of age
Art. 6. § 1^er. Any person who is under 25 years of age is entitled to social integration through employment adapted to his or her personal situation and abilities within three months of his or her application when he or she meets the conditions set out in Articles 3 and 4.
§ 2. The right to social integration through employment can be the subject of either a labour contract or an individualized social integration project leading, in a specified period, to a labour contract.
§ 3. The individual may be assisted by a person of his or her choice when negotiating with the centre the proposed work contract or the individualized social integration project. It also has a period of reflection of 5 calendar days prior to the signing of the contract of work or social integration and may request to be heard by the centre in accordance with the provisions of Article 20.
Art. 7. Is considered to be a major person, the minor person of age who is emancipated by marriage, or has one or more dependent children, or proves that she is pregnant.
Art. 8. The employment related to a contract of employment referred to in Article 6 may be carried out according to the provisions of Article 60, § 7, or Article 61 of the Act of 8 July 1976 organic of the public welfare centres.
This right to employment related to a contract of employment remains maintained until the employee is admitted to a social allowance of at least equal to the integration income to which he may claim according to his class.
Art. 9. § 1^er. The right to social integration by employment may also be realized for the person referred to in section 6 by a financial intervention of the centre in the costs related to the professional insertion of the person entitled to.
§ 2. The King determines the types of insertions for which the centre intervenes financially as well as the amount, terms and conditions of granting and the terms and conditions of this financial intervention. The King can determine the conditions of access to various integration and employment programs.
§ 3. By derogation from section 23 of the Act of 12 April 1965 concerning the protection of workers' remuneration, the financial intervention of the centre may be charged against the remuneration of the worker. This charge is performed directly after the deductions authorized under section 23, paragraph 1^er, 1°, of the same law and does not intervene within the limit of a fifth provided for in section 23, paragraph 2. A financial intervention that is attributed to the worker ' s remuneration is nevertheless considered to be a compensation for tax and social legislation.
§ 4. The King may, by order deliberately in the Council of Ministers, under the conditions it determines, for the occupied workers with the benefit of a financial intervention of the centre in their remuneration:
1° provide for exemptions from the provisions of the Act of 3 July 1978 relating to contracts of work, with respect to the rules relating to the termination of the contract of work by the worker when the worker is engaged in the bonds of another contract of work or appointed in an administration;
2° provide for a temporary, total or partial exemption of employers' social security contributions, referred to in article 38, §§ 3 and 3bis, of the law of 29 June 1981 establishing the general principles of social security of workers and employers' social security contributions, referred to in article 2, §§ 3 and 3bis, of the decree-law of 10 January 1945 concerning the social security of workers who are minors and minors.
Art. 10. In the expectation of employment related to a contract of employment or as part of an individualized social integration project, or if the person cannot work for reasons of health or equity, he or she is entitled, under the conditions laid down in this Act, to an integration income.
Where income resulting from employment is less than the amount of integration income to which the individual may claim, the right to integration income is maintained under the conditions set out in this Act.
Art. 11. § 1^er. The grant and maintenance of integration income can be accompanied by an individualized social integration project, either at the request of the individual himself or at the initiative of the centre.
The project is based on the aspirations, abilities, qualifications and needs of the person concerned and the opportunities of the centre.
Depending on the needs of the person, the individualized project will focus either on professional integration or on social integration.
In the development of the individualized social integration project, the centre ensures that a fair proportionality is met between the requirements of the individual and the assistance granted.
§ 2. This project is mandatory:
(a) where the centre accepts, on the basis of fairness grounds, that in order to increase its opportunities for professional integration, the person concerned initiates, resumes or continues full-year studies at a registered, organized or subsidized educational institution by the communities;
(b) in the case of a project referred to in Article 6, § 2.
§ 3. The project referred to in § 1^er is the subject of a written contract concluded in accordance with Article 6, § 3 between the person concerned and the centre. At the request of one of the parties, one or more third parties may be a party to the contract. The contract may be amended at the request of each party during its execution.
The King sets by order deliberately in the Council of Ministers the minimum conditions and terms for which a contract for an individualized project of social integration must meet, as well as the specific conditions of a contract containing a project leading in a specified period to a contract of work, a contract of full-service studies or a contract of training.
Section 2. - Social integration for people from age 25
Art. 12. Every person from 25 years of age has the right to social integration when it meets the conditions set out in Articles 3 and 4.
Art. 13. § 1^er. The right to social integration may be realized either through the granting of an integration income or through employment related to a labour contract as referred to in Articles 8 and 9.
§ 2. The granting and maintenance of an integration income may be accompanied by an individualized social integration project referred to in Article 11, §§ 1^er and 3, either at the request of the individual himself or at the initiative of the centre.
§ 3. The provisions provided for in Article 6, § 3, are applicable when, within the framework of its right to social integration, the person concerned is offered an individualized job or project of social integration.
PART II. - Application of the law
social integration
CHAPTER I^er. - Amount of integration income
Art. 14. § 1^er. Annual integration income is:
1° 4.400 EUR for anyone living with one or more people.
Cohabitation must be understood that people live under the same roof and deal mainly in common with their household issues;
2° 6.600 EUR for an isolated person;
3° 7.700 EUR for :
- an isolated person who is indebted to a maintenance of his or her children, on the basis of either a judicial decision or a notarial act in the context of a divorce or separation of body and property by mutual consent and who provides proof of payment of that pension;
- an isolated person who hosts half of the time only is a minor unmarried child in his or her care during that period, or several children, including at least one unmarried minor child who is in his or her care during that period, in the context of the alternating accommodation, fixed by judicial decree or by a convention referred to in article 1288 of the Judicial Code.
4° 8.800 EUR for single-parent family with child load.
A single-parent family with a child's charge means the isolated person who exclusively hosts either a minor unmarried child or several children, including at least one unmarried minor child.
§ 2. The amount of integration income is reduced by the applicant's resources, calculated in accordance with the provisions of Part II, Chapter II.
§ 3. The beneficiary of an integration income that loses the quality of the homeless by occupying a dwelling that serves as a principal residence shall, once in his life, be entitled to an increase of one twelfth of the annual amount of integration income, set out in § 1^erParagraph 1^erFour.
By derogation from the preceding paragraph, the King may provide for the possibility to award, in cases of interest, a second time the increase of a twelfth of the annual amount of integration income, set out in § 1^erParagraph 1^erFour.
The King can assimilate other categories of people to homeless people.
Art. 15. The amounts referred to in Article 14, § 1^erParagraph 1^er, are attached to the index 103.14 applicable to 1^er June 1999 (base 1996 = 100) of consumer prices.
They vary in accordance with the provisions of the Act of 2 August 1971 organizing a linkage regime to the Consumer Price Index, wages, wages, pensions, allowances and subsidies of the Public Treasury, certain social benefits, the limits of pay to be taken into account in calculating certain social security contributions of workers, as well as social obligations imposed on independent workers.
CHAPTER II. - Resource calculation
Art. 16. § 1^er. Without prejudice to the application of the provision of § 2, all resources, regardless of the nature or origin of which the applicant has, are taken into consideration, including all benefits allocated under Belgian or foreign social legislation. It may also be taken into account, within the limits set by the King by order deliberately in the Council of Ministers, the resources of the persons with whom the applicant cohabits.
The King determines, by order deliberately in the Council of Ministers, the modalities of the resource investigation and sets out the rules for calculating these resources.
§ 2. The King may determine by order deliberately in the Council of Ministers the resources not taken into account, either in whole or in part for the calculation of resources.
CHAPTER III. - Procedure
Section 1^re. - Have information
Art. 17. The centre is obliged to communicate to any person who makes the request any useful information about its rights and obligations in the field of social integration in the form of integration income, employment or an individualized social integration project. The centre is required to provide the person concerned with any additional information relevant to the processing of his or her application or the maintenance of his or her rights.
The King determines what to hear by useful information.
Section 2. - Application, ex officio award, revision, withdrawal
Art. 18. § 1^er. The competent centre grants, reviews or withdraws the right to social integration in the form of an integration income, employment or an individualized social integration project either on its own initiative or at the request of the individual or of any person designated in writing for that purpose.
The centre referred to in sections 1 should be heard by "competent centre".^er, paragraph 1, 1 and 2 of the Act of 2 April 1965 on the care of social assistance granted by public welfare centres.
If it is a homeless person, the competent centre is the one referred to in section 57bis of the Act of July 8, 1976 organic of public social welfare centres.
§ 2. On the day of receipt, the application shall be entered in chronological order in the register held for that purpose.
The written application is signed by the interested person or by the designated person. When the application is oral, the interested person or the designated person signs in the ad hoc box of the register referred to in paragraph 1^er.
§ 3. The centre addresses or gives the same day an acknowledgement of receipt to the applicant.
Any acknowledgement of receipt must indicate the time limit for review of the application and the provisions of Articles 20 and 22, § 1^erParagraph 2.
§ 4. When a centre receives an application for which it does not consider itself competent, it shall forward the application within five calendar days in writing to the centre that it considers to be competent. At the same time, the applicant shall notify the applicant in writing of the transmission. In the absence of a nullity, the transmission of the application to the CPAS considered to be competent, as well as the notification to the applicant of the transmission, is made by a letter indicating the reasons for the incompetence.
However, the application will be validated at the date of receipt at the first centre, as determined in § 2.
The centre that fails to do so must, under the conditions laid down in this Act, grant integration income or social integration through employment until it has transmitted the application or provided the reasons for incompetence.
The decision of incompetence may be taken by the dependant president to submit his decision to the competent council or body at the next meeting, for ratification.
§ 5. The centre with which a request for social benefits is filed, for which it is not competent, shall forthwith transmit it to the competent social security institution. The applicant is notified of this.
§ 6. When the centre receives a request to obtain the right to social integration, transmitted by another social security institution, the application will be validated at the date of introduction to the non-competent institution, i.e. the date of the post's stamp and, if not, the date of receipt of the application.
Section 3. - Consideration of the application
Art. 19. § 1^er. The Centre conducts a social investigation for the granting of social integration in the form of integration income or employment, for the purpose of revising or withdrawing a related decision or for a decision to suspend payment of integration income.
The centre must use social workers for the social investigation, according to the qualification conditions established by the King.
§ 2. The interested party is required to provide any information and authorization that is relevant to the review of the application.
§ 3. The centre collects all information that is not available in order to assess the rights of the individual, where the applicant cannot do so.
§ 4. The King shall determine, by order deliberately in the Council of Ministers:
1° the information and authorizations that must be given at least by the applicant by means of a form to be completed in the application for social integration in the form of integration income or employment;
2° the conditions and modalities under which the centre may collect information from public administrations.
Art. 20. The centre is required to hear the applicant, if requested, before making a decision on:
- the granting, refusal or revision of an integration income, an individualized social integration project, or social integration through employment;
- the penalties referred to in Article 30, §§ 1^er and 2;
- the dependant recovery of a person who has received integration income.
The centre is obliged to inform the person concerned of this right, in accordance with the terms set by the King.
The interested person may be heard either by counsel or by the competent body having a decision-making power in the specific case.
During his hearing, the interested person may be assisted or represented by a person of his or her choice.
Section 4. - Decision
Art. 21. § 1^er. Without prejudice to the obligation to provide immediate assistance imposed by the Act of 8 July 1976 of the Organization of Public Social Assistance Centres, the Centre shall make its decision within thirty days of receipt of the application.
In the cases referred to in Article 18, § 4, paragraph 1^er, and § 6, the center has which the request has been transmitted decides within thirty days after the day the first centre seized or the social security institution transmitted the request.
§ 2. Any individual decision having legal consequences for the right of the person concerned to social integration in the form of integration income, employment or an individualized social integration project is written and motivated. This motivation must be sufficient and should cover both legal and factual elements on which the decision is based.
When the decision concerns a sum of money, it must mention the amount allocated, the method of calculating and the periodicity of payments.
§ 3. The decision should also include the following:
1 the possibility of an appeal before the competent court;
2° the address of the competent court;
3° the time and procedure for bringing an appeal;
4° the contents of articles 728 and 1017 of the Judicial Code;
5° the references of the file and service and the social worker who manages it;
6° the possibility to obtain any explanation of the decision from the service that manages the file;
7° the fact that the appeal before the Labour Court is not suspensive of the execution of the decision;
8° if applicable, the periodicity of payment.
If the decision does not contain the provisions of this article, the appeal period referred to in Article 47 § 1^erParagraph 2 does not start running.
§ 4. The decision shall be notified to the interested party within eight days under a recommended fold or against acknowledgment of receipt, in the manner that may be determined by the King. The date of the stamp of the position or the acknowledgement of receipt is the same.
§ 5. The decision granting or increasing an integration income, made following an application filed by the interested party, shall be effective on the date of receipt of the application.
By derogation from the previous paragraph, the decision taken by the competent centre in the case referred to in Article 18, § 4, paragraph 3, shall be effective on the day after the date on which the request was transmitted by the first centre seized.
If it is an ex officio decision, the centre determines in its decision the date on which the decision produces its effects.
§ 6. Any decision to grant, reject or revise the right to social integration in the form of an integration income, employment or an individualized social integration project shall be communicated to the Minister, in accordance with the terms determined by the King, within eight days after the end of the month in which the decision was made.
Art. 22. § 1^er. Without prejudice to statutory and regulatory requirements, the centre reviews a decision in the event of:
1. Amending circumstances that affect human rights;
2. to amend the law by a legal or regulatory provision;
3. legal or material error of the centre;
4. the person's incomplete and inaccurate statements.
With a view to a possible revision, the interested party must make an immediate declaration of any new element likely to have a repercussion on the amount granted to it or its rightful situation.
For the same purpose, the centre will regularly review, at least once a year, if the terms of granting are always met.
§ 2. The decision to review results from the date on which the reason for the review appeared.
Derogation from paragraph 1^er, the revision produces its effects on the first day of the month following the notification in case of legal or material error of the centre where the following conditions are met simultaneously:
1° the right to benefit is less than the originally granted right;
2° the person could not realize the error.
Section 5. - Payment
Art. 23. § 1^er. The first payment of integration income is made within fifteen days of the decision; if advances have been made, their amount is deducted from the amounts allocated for the corresponding period.
Other payments are made per week, by fifteen or a month at the centre's choice, as determined in the decision.
The King may specify the terms of this payment.
§ 2. In the event of a late payment, the integration income is of full interest from the date of its due date, i.e. the sixteenth day following the decision. If this decision is made with a delay attributable to the centre, interest is due from the forty-sixth day following the introduction of the application.
The King may determine the method of calculating interest. It may also set the interest rate without the interest rate being less than the normal rate of out-of-ceiling current account advances set by the National Bank.
§ 3. The King sets out the cases in which the payment is suspended in respect of the beneficiary under a measure of detention or imprisonment.
§ 4. The King determines the beneficiaries of the missed and unpaid arrears, when the beneficiary of the integration income died.
CHAPTER IV. - Collections
Art. 24. § 1^er. The integration income paid under this Act shall be paid to the individual:
1° in case of revision with retroactive effect, referred to in Article 22, § 1^er.
In the event of an error of the centre, the centre may either recover the undue, or on its own initiative, or at the request of the person concerned, completely or partially renounce recovery;
2° when it comes to having resources under his rights during the period for which integration income was paid to him. In this case, recovery is limited to the amount of resources that should have been considered for the calculation of the integration income to be paid if it had already disposed of it at that time. By derogation from section 1410 of the Judicial Code, the centre is subject to full right, up to the maximum of that amount, in the rights that the beneficiary can claim to the aforementioned resources.
§ 2. Apart from the cases referred to in § 1^era recovery of integration income from the individual is not possible. Any convention to the contrary is considered null.
§ 3. The decision referred to in § 1^er must comply with the provisions of Article 21, §§ 2, 3 and 4.
§ 4. Unduly paid amounts bear full interest from the payment, if the undue payment results from fraud, dol or fraudulent manoeuvres on the part of the person concerned.
Art. 25. § 1^er. This article applies to the case of recovery referred to in Article 24, § 1^er1°.
§ 2. The centre must notify in writing its decision to the interested party in order to recover from him the integration income that was paid to him. This decision shall include, in addition to the references referred to in Article 21, § 3, the following:
1° the finding that undue amounts have been paid;
2° the total amount of what was unduly paid, as well as the method of calculation;
3° the contents and references of the provisions in violation of which payments were made;
4° the limitation period taken into consideration;
5° the possibility for the centre to waive the recovery of unduly paid amounts and the procedure to be followed;
6° the possibility of submitting a duly motivated proposal for reimbursement by instalments.
Where the decision does not include the above mentioned references, the appeal period referred to in Article 47 § 1^erParagraph 2 does not start running.
The centre can only execute its recovery decision after one month. If the interested party requests that it be renounced of recovery, the centre may act only after confirming its decision by a new decision communicated to the interested party by registered letter.
§ 3. The King determines the conditions under which the centre renounces the recovery of the undue during the death of the person who has been paid.
Art. 26. Reimbursement of the integration income granted by a centre pursuant to this Act shall be pursued by that centre by virtue of its own right, within the limits, the conditions and terms fixed by the King, to the debtors of food referred to in Article 4, § 1^eras well as the dependants of the food debtors referred to in Article 336 of the Civil Code, up to the amount to which they are held during the period during which the integration income was granted.
Art. 27. The centre continues under a specific right to refund the dependant integration income of the person responsible for the injury or illness that resulted in the payment of integration income.
When the injury or illness results from an offence, the action may be exercised at the same time as the criminal action and before the same judge.
Art. 28. The centre shall not be exempt from the collection referred to in articles 24, § 1^er, 26 and 27 only by an individual decision and for reasons of fairness that will be mentioned in the decision.
The interested party may submit reasons for equity that the refund is not prosecuted.
No recovery shall be undertaken if the costs or steps inherent in this recovery exceed the expected result.
Art. 29. § 1^er. Repayment action referred to in Article 24, § 1^er and the action referred to in section 27, paragraph 1^er, prescribing in accordance with Article 2262bis , § 1^erParagraph 1^erThe Civil Code.
§ 2. The reimbursement action referred to in section 26 is prescribed in accordance with section 2277 of the Civil Code.
§ 3. The action referred to in Article 27, paragraph 2, shall be prescribed in accordance with Article 2262bis , § 1^erparagraphs 2 and 3 of the Civil Code.
§ 4. These requirements may be interrupted by a summation made either by registered letter to the post or against receipt.
CHAPTER V. - Sanctions
Art. 30. § 1^er. If the person fails to report any resources he or she knows about, or if he or she makes inaccurate or incomplete statements that affect the amount of the integration income, the payment of the latter may be partially or totally suspended for a period of not more than six months or, in the case of fraudulent intent, not more than 12 months.
In the event of recidivism within three years of the day on which the penalty for an earlier inaccurate omission or declaration has become final, the above periods may be doubled.
No penalty may be imposed once a two-year period has elapsed from the day on which the omission was committed or the inaccurate statement was made. No penalty can be executed once a two-year period has elapsed from the day the penalty has become final.
§ 2. After a stay, if the person concerned does not respect without legitimate reason his or her obligations under the contract containing an individualized project of social integration, referred to in articles 11 and 13, § 2, the payment of integration income may, after the opinion of the social worker in charge of the file, be partially or totally suspended for a period of up to one month. In case of recidivism within a maximum of one year, the payment of integration income may be suspended for a period of up to three months.
Assent under paragraph 1^er takes place on the first day of the second month following the decision of the centre.
§ 3. Administrative sanctions referred to in §§ 1^er and 2 shall be pronounced by the competent centre referred to in Article 18, § 1^er, and their execution may, if applicable, be prosecuted by the centre which subsequently becomes competent and for the duration of the penalty.
The rules of procedure set out in Articles 20, 21, §§ 2, 3 and 4 and Article 47 are applicable.
Art. 31. Without prejudice to the application of other criminal provisions, including those of the Royal Decree of 31 May 1933 concerning declarations to be made in respect of grants, allowances and allowances of any kind that are, in whole or in part, dependent on the State, shall be punished by imprisonment from eight days to one month and by a fine of EUR 26 to EUR 500 or only one of these penalties:
1. the beneficiary referred to in Article 30, § 1^er, who acted with fraudulent intent.
2. any person knowingly making false statements or statements relating to the health or social situation of the person concerned, with the aim of granting the person an integration income, to which he is not entitled to claim.
The provisions of Book I of the Criminal Code, including those of Chapter VII and Article 85, are applicable to offences under this section.
CHAPTER VI. - State subsidy
Section 1^re. - Return to integration
Art. 32. § 1^er. The State shall grant to the centre referred to in Article 18 a grant equal to 50% of the amount of integration income granted in accordance with the provisions of this Act.
§ 2. The subsidy referred to in § 1^er is increased to 60% of the amount of integration income for the centre that, on average monthly in the course of the penultimate year, has an integration income of at least five hundred eligible persons or has made a state-funded employment in their favour.
§ 3. The subsidy referred to in § 1^er is increased to 65% where, under the conditions referred to in § 2, the right has been granted to at least one thousand entitled persons.
§ 4. The subsidy referred to in §§ 2 and 3 is granted for the first time to the centre that exceeds the threshold of five hundred or a thousand entitled persons, provided that the number of entitled persons has increased by at least 5% from the previous year.
§ 5. When the number of eligible beneficiaries, calculated on an average monthly basis during the perennial year, decreases below the threshold of 500 or 1000 eligible persons, the centre retains the right to the higher subsidy, referred to in paragraphs 2 and 3, however decreased by 1% per year until it reaches the respective subsidy rates of 50% and 60% of the amount of integration income.
The decrease of the grant by 1% per year is not applied when the reduction in the number of eligible beneficiaries is less than 3% compared to the previous year.
Art. 33. The grant amounts, for a maximum period of six months, to 70% of the amount of integration income when in the context of a contract containing an individualized project of social integration, passed under articles 11 and 13, § 2, the beneficiary undergoes training at a minimum of 10 a.m./week or less as part of a training by work 10 a.m./week at least and no more than 20 a.m./week.
Training must be organized by a public training service for the unemployed or by a professional training organization that has been agreed with the centre. Training by work shall be carried out within the services or facilities of the centre or within a service or establishment referred to in section 61 of the Act of 8 July 1976, which is organic in the public welfare centres.
Art. 34. The subsidy referred to in Article 32 is increased by 10% during the period of a contract for an individualized social integration project concluded under Article 11, § 2, a , to the extent that the centre complies with the provisions set out in Articles 26 and 28.
Art. 35. By derogation from Article 55 of the Royal Decree of 17 July 1991 on the coordination of the laws on State accounting, the centre retains the amounts it recovers in accordance with Article 26 from the ascendants to the first degree, the adopters, the spouse or, where applicable, the former spouse and the debtors of the maintenance referred to in Article 336 of the Civil Code, where the beneficiary is bound by an individual project §
Section 2. - Employment
Art. 36. § 1^er A grant is payable to the centre when it acts as an employer pursuant to Article 60, § 7, of the Act of July 8, 1976 organic of public welfare centres. When the person is engaged full-time the grant is equal to the amount of the integration income set out in Article 14, § 1^er4° of this law. The grant remains payable to the centre until the end of the employment contract, even if the family or financial situation of the worker concerned is changed during the period of the employment contract or if it is settled in another municipality.
§ 2. The King sets out the amount of subsidy in the event of partial occupation and the conditions for granting this grant.
It can also increase the amount of the grant to a higher amount and set the conditions for specific social integration initiatives.
Art. 37. When the centre acts as an employer pursuant to Article 60, § 7, of the Act of 8 July 1976 organic of public welfare centres, in order to realize the right to social integration by the employment referred to in Article 6, the subsidy, determined in accordance with § 1^er and 2, paragraph 1^er, of section 36, is increased by not more than 25%, up to the gross salary cost of the person placed at work.
Art. 38. A grant is payable to the centre when it enters into an employment agreement with a private enterprise for a beneficiary, pursuant to section 61 of the Act of 8 July 1976 organic of public social assistance centres.
This grant must be entirely devoted to the supervision or training of the recipient referred to in paragraph 1^er in the company or in the center.
The King shall, by order deliberately in the Council of Ministers, determine the amount of the subsidy referred to in paragraph 1^eras well as the conditions, duration and modalities under which this grant is granted.
Art. 39. A grant is payable to the centre where the fee is incurred in the costs associated with the professional insertion of the person entitled under section 9 or section 13. The grant is equal to the amount of the financial intervention.
Section 3. - Staff costs
Art. 40. A grant is granted to the centre as an intervention in the personnel costs per file for which the centre receives a State subsidy following the granting of integration income or employment. This grant amounts to EUR 250 on an annual basis and is calculated on the basis of the number of days during which the centre receives the above-mentioned State subsidy.
The King sets by order deliberately in the Council of Ministers the terms and conditions for granting this grant.
Section 4. - Other major grants
Art. 41. The grant is equal to 100% of the amount of integration income for a period of up to one year when it is granted to a beneficiary who loses its status as homeless as referred to in Article 14, § 3, paragraph 1^er.
Art. 42. The grant is equal to 100% of the increase in integration income granted under Article 14, § 3, paragraph 1^er, to the recipient who loses his homeless quality.
Art. 43. It is equal to 100% of the amount of integration income for a maximum period of five years when it is granted to a beneficiary registered in the Aliens Register until the day it is registered in the Population Register.
Section 5. - Modalities
Art. 44. The King determines, by order deliberately in the Council of Ministers, the terms and conditions for the payment of subsidies and the payment of advances.
By derogation from the provisions of articles 28, paragraph 2, and 57 of the Royal Decree of 17 July 1991 on the coordination of the laws on State accounting, the amounts of subsidies paid over to centres and relating to years prior to the current year are considered an advance on the grant of the current year.
Section 6. - Sanctions for the centre
Art. 45. By reason of decision, the Minister may refuse to pay the grant or decide to reduce it:
- if the report prepared following the social inquiry referred to in section 19 does not mention that the different conditions for granting the integration income or realisation of employment are met;
- if the centre has not complied with the provisions of this Act relating to the recovery of integration income.
Art. 46. If the centre has unduly declared itself incompetent to intervene and is condemned by a judicial decision cast in force of a measure deemed to grant integration income, the Minister may, by reason of decision, refuse to pay the subsidy or decide to reduce it when it occurs repeatedly. This sanction takes place on the date of the request for assistance and ends no later than three years after the date of the court decision.
An appeal against the Minister's decision is open within thirty days of his notification to the Council of State.
CHAPTER VII. - Appeals
Art. 47. § 1^er. The individual or the minister, or his or her delegate, may lodge an appeal against the Centre's decision on the right to social integration with the Labour Court of the person's home. The individual may also lodge an appeal against the absence of a decision by the centre in this matter.
The appeal must be filed within three months by a request filed or sent by registered letter to the Registry of the Labour Court.
The three-month period begins to run, as the case may be, from:
- the notification of the decision referred to in Article 21, § 4;
- the day after the deadline in which the decision should have been notified at the latest under Article 21, §§ 1^er and 4.
§ 2. When the appeal is brought by the Minister or his delegate, it is directed either against the centre and the person concerned, or against the centre, the individual being called to the cause.
§ 3. The appeal is not suspensive of the enforcement of the decision.
§ 4. When a centre involved in the case contests its territorial jurisdiction, the Labour Court, if any, in derogation from Article 811 of the Judiciary Code, shall, on its own motion, summon the presumed competent centre by judicial fold so that it may appear at the next hearing.
If the centre's incompetence is raised at the introductive hearing, the clerk may note on the hearing sheet the decision to call on his or her own motion.
CHAPTER VIII. - Final and abrogatory provisions
Art. 48. § 1^er. Section 580, 8°, (c) of the Judicial Code is supplemented by the following paragraph:
"the law of ... establishing the right to social integration, with regard to disputes relating to the granting, revision, refusal and repayment by the beneficiary of social integration and to the application of the administrative sanctions provided by the relevant legislation. »
§ 2. In Article 728, § 3, paragraph 3, of the same Code, as amended by the Act of 30 June 1971, the words "on minimum means of existence" are replaced by the words "on minimum means of existence and the right to social integration".
Art. 49. Within the time required by the Minister, the Centre shall provide the Ministry of Social Affairs, Public Health and the Environment with all necessary data to establish statistics on the evolution of the application of this Act.
The King may determine the nature and modalities for the communication of such data.
Art. 50. § 1^er. The King may, by order deliberately in the Council of Ministers, increase the amounts of the integration income referred to in Article 14, § 1^er.
§ 2. The King may determine the terms and conditions of connection to the well-being of the amounts referred to in Article 14, § 1^er, Act by analogy to the coefficient of revalorization that exists in the Act of 28 March 1973.
Art. 51. The King may, by order deliberately in the Council of Ministers, raise the amount of social minima up to the amount of integration income, without prejudice to the consultation and consultation procedures provided for in the various regulations.
Art. 52. In article 2 of the Act of 2 April 1965 on the care of relief provided by public welfare centres, a paragraph 6 is inserted as follows:
“§ 6. By derogation from Article 1^er, 1°, the public social welfare centre assisting the person who pursues studies within the meaning of Article 11, § 2, a, of the law of 26 mei 2002 establishing the right to social integration is the public center of social assistance of the commune where the student is, at the time of application, registered as a principal residence in the register of population or foreigners.
This public social assistance centre remains competent for the uninterrupted duration of the studies. »
Art. 53. The King may, by order deliberately in the Council of Ministers, put the terminology of the legal provisions in force, as amended by this Act, in accordance with that of this Act.
Art. 54. The Act of 7 August 1974 establishing the right to a minimum of means of existence is repealed.
CHAPTER IX. - Transitional provisions
Art. 55. In derogation from section 52 of this Act, the centre that, at the time of the coming into force of this Act, granted a minimum of means of existence to a person referred to in section 11, § 2, a, shall remain competent until the person concerned has completed his or her studies.
Art. 56. Persons who, pursuant to Article 2, § 5, of the Act of 7 August 1974 establishing the right to a minimum of means of existence are beneficiaries of a minimum of means of existence within the framework of a work placement through an integration program, become beneficiaries of a financial intervention referred to in Article 9 at the time of the coming into force of this Act.
Art. 57. The provisions of Article 18 of the Act of 7 August 1974 establishing the right to a minimum of means of existence remain applicable to benefits granted under the aforementioned Act.
Art. 58. In the Act of 8 July 1976, the following amendments are made:
1° In Article 60, § 3, second paragraph, the words "Article 6 of the Law of 7 August 1974 establishing the right to a minimum of means of existence" are replaced by the words "Articles 3, 5 and 6, 4, 11 and 13, § 2, of the Law of 26 May 2002 concerning the right to social integration".
2° In Article 68bis, § 5, the words "Article 5 of the Law of 7 August 1974 establishing the right to a minimum of means of existence" are replaced by the words "Article 16 of the Law of 26 May 2002 concerning the right to social integration".
Art. 59. For the purposes of Article 32, §§ 2, 3, 4 and 5 are also taken into account until 31 December 2005 the beneficiaries of the minimum means of existence in accordance with the law of 7 August 1974 establishing the right to a minimum means of existence.
Art. 60. This Act comes into force on a date fixed by the King, and no later than 1^er October 2002, with the exception of section 40 which produces its effects from 1^er January 2002.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 May 2002.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Minister of Social Integration,
L. VANDE LANOTTE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) See:
Documents of the House of Representatives:
50-1603 - 2001/2002:
Number 1: Bill.
n^bones 2-3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
Number 6: Hearings.
No. 7: Text adopted in plenary and transmitted to the Senate.
Full report: 17 and 18 April 2002.
Documents of the Senate:
2-1104 - 2001/2002:
No. 1: Project not referred to by the Senate.