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An Act To Amend Article 18 Of The Law Of 7 August 1974 Establishing The Right To A Minimum Of Livelihoods And Section 19 Of The Act Of 2 April 1965 Support For Relief By The Public Social Assistance Centres (1)

Original Language Title: Loi modifiant l'article 18 de la loi du 7 août 1974 instituant le droit à un minimum de moyens d'existence et l'article 19 de la loi du 2 avril 1965 relative à la prise en charge des secours accordés par les centres publics d'aide sociale (1)

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belgiquelex.be - Carrefour Bank of Legislation

3 MARCH 1998. An Act to amend section 18 of the Act of 7 August 1974 establishing the right to a minimum of means of existence and section 19 of the Act of 2 April 1965 on the care of relief provided by public welfare centres (1)



ALBERT II, 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, with the exception of § 10 introduced by Article 2, which regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Article 18 of the law of 7 August 1974 establishing the right to a minimum of means of existence, as amended by the law of 12 January 1993, is supplemented by § 9 and § 10, as follows:
Ҥ 9. If the public centre for social assistance has unduly declared itself incompetent to intervene and is condemned by a judicial decision cast in force of a measure judged, to the granting of the minimum means of existence, the minister who has the Social Integration in his powers may, on the basis of this judicial decision and the report of his inspection service from which he appears that the public center for social assistance has acted as a means of This sanction cannot be applied if the CPAS decision is consistent with the decision of a guardianship authority. 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.
§ 10. An appeal against the Minister's decision shall be appealed to the Council of State within thirty days of notification of the decision. " .
Art. 3. In Article 19 of the Law of 2 April 1965 on the Care of Relief granted by the State Social Welfare Centres, whose Dutch text was amended by the Law of 9 July 1971, is inserted, instead of § 3, which becomes § 4, a new § 3, as follows:
Ҥ3. When a public welfare centre has declared itself unduly incompetent to intervene and is, by judicial decision cast as a force of measure, ordered to grant assistance, the minister who has the Social Integration in his or her powers may, on the basis of this judicial decision and the report of his or her inspection service from which he or she appears that the public welfare centre has acted in a systematic way in this type of conflict This sanction cannot be applied if the CPAS decision is consistent with the decision of a guardianship authority. 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. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 March 1998.
ALBERT
By the King:
Minister of Public Health and Pensions,
Mr. COLLA
The Secretary of State for Social Integration,
J. PEETERS
State seal: Minister of Justice,
S. DE CLERCK

(1) Regular session 1996-1997:
House of Representatives:
Parliamentary documents. - Bill No. 766/1. Amendment No. 766/2. - Opinion of the Council of State, No. 766/3. - Amendments, No. 766/4 and No. 766/5. - Report of the commission, no. 766/6. - Text adopted by the commission, no. 766/7. - Amendment No. 766/8. - Articles adopted in plenary session, No. 766/9. - Text adopted in plenary meeting and transmitted to the Senate, No. 766/10. - Project re-established by the Senate, No. 766/11. - Amendments, No. 766/12. - Report of the commission, No. 766/13. - Text adopted by the Commission, No. 766/14. - Text adopted in plenary session, No. 766/15.
Annales parliamentarians. - Discussion: 3 and 11 December 1997. - Discussion and adoption: meetings from 18 to 19 February 1998.
Senate:
Annales parliamentarians. - Bill No. 1-284/1. - Report of the commission, no. 1-284/2. - Text adopted by the Commission, No. 1-284/3. - Text adopted in plenary and transmitted to the House of Representatives, No. 1-284/4. - Draft amended by the House of Representatives, No. 1-284/5. - Amendments, no. 1-284/6. - Report of the commission, no. 1-284/7. - Text adopted by the commission, no. 1-284/8. - Text brought back by the Senate and referred to the House of Representatives, No. 1-284/9.
Annales parliamentarians. - Discussion and adoption: meeting of 7 November 1996. - Discussion and adoption: meeting of 22 January 1997.