Key Benefits:
Law of 21 December 1995 on the provision of insurance for survivors
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to replace the General Widows 'Law and Road Law with a survivor' s insurance, which takes into account social developments of recent decades;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Public insurance premium: the public insurance premium provided for in the Social insurance financing law ;
c. the Social Insurance Bank: the Social Insurance Bank, named in Chapter 6 of the Act implementing organisation of work and income ;
d. naexisting: the spouse of the person, who is insured on the day of death under this law;
e. [ Red: expiring;]
f. 'orphan's benefit' means a benefit for a child who has become old age through the death of the person insured on the day of death under this law;
g. body: a legal person, a company and a company, a form of cooperation with no legal personality which may be assimilated to an association, a company of legal persons governed by public law and a target assets;
h. Stranger: what is meant by the Aliens Act 2000 ;
i. joint household: a common household as intended in Article 3, second to sixth paragraphs ;
j. needy: the person who is permanently unable to conduct his own household because of illness or one or more physical, intellectual or mental disorders, as he is daily dependent on intensive care of others;
k. a common household for the care of a need for assistance:
1 °. the joint conduct of a post-holder with a need of assistance if the deceased or the deceased insured person has taken a household with the aim of taking care of the person in need of assistance; or
2 °. the joint conduct of a nexus who is in need of assistance with another if the nexus is to conduct a household with the purpose of being cared for by the other;
-law has been deprived of his freedom: freedom of law has been deprived of his right, subject to the cases provided for in the Law on special drawings in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
(m) 'Judicial establishment' means a penitentiary device, a device for the purpose of consulting, or a device as intended for the purpose of Article 1 (b) of the PrincipLaw of the Judicial Youth ;
n. continental shelf: the exclusive economic zone of the Kingdom, specified in: Article 1 of the National Law on the exclusive economic zone , to the extent that it borders the territorial sea of the Netherlands;
(o) deprivation of liberty or deprivation of liberty: a custodial sentence or measure involving deprivation of liberty imposed by an irrevocable judgment as intended for the purpose of the Penal code , subject to the cases provided for in Article 37, first paragraph, of the Penal Code ;
p. pensionable age: pensionable age, intended in Article 7a, first paragraph, of the General old-age law .
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Gross minimum wage: the Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances amount referred to;
b. net minimum wage: the gross minimum wage, after deduction of premiums of public insurance and payroll taxes. Wage tax and public insurance premium, referred to in Article 4 (2). Article 1 of the Social Insurance Financing Act , are calculated for an employee who has not reached the retirement age, taking into account only 182.5% of the general charging discount, Article 22 of the Law on Earnings Act 1964 , on the gross minimum wage;
c. gross minimum holiday balance: the amount on which the person claiming the gross minimum wage is due Article 15 of the minimum wage law and minimum holiday allowances Claim;
d. net minimum holiday benefit: the difference between the amount, which would have been calculated for an employee who has not yet reached the retirement age, if Part B is applied to the gross minimum wage plus the gross minimum holiday allowances, and the net minimum wage, referred to in subparagraph (b).
2 An overall revision of the amount of a benefit under this Act in connection with a change to the net minimum wage is made known in the State Official Gazette by or on behalf of Our Minister, together with the date on which this amendment goes into effect.
3 An amendment to a benefit under this Act in connection with a change to the net minimum wage will be made without the decision being adopted by decision.
4 The Social Insurance Bank shall pay the amended benefit referred to in paragraph 3 for the first payment of benefit after the amendment referred to in the third paragraph has taken place.
5 With effect from 1 July 2012 to 1 January 2014 and from 1 January 2018, the percentage referred to in paragraph 1 (b) shall be reduced by 2,5 percentage points twice per calendar year, on 1 January and 1 July of this year. From 1 January 2014 to 1 January 2018, the percentage referred to in paragraph 1 (b) shall be reduced by 1,25 percentage points twice per calendar year, on 1 January and 1 July of this year. The amended percentage and the date of amendment shall be published by or on behalf of Our Minister in the Official Journal. This paragraph expires at the time the percentage of 100 is reached.
1 The following shall be treated in the same way as the following:
a. spouse: registered partner;
b. marriage: registered partnership;
c. married: registered as a partner;
d. the marriage closure: entering into the registered partnership;
e. entering into marriage: a registered partnership.
2 This law and the provisions based thereon shall be considered to be married or spouse, the unmarried adult who carries a common household with another unmarried adult, unless it is related to a relative in the first Degree. For the purposes of applying the first sentence, the person who lives permanently separately from the person with whom he is married shall be regarded as unmarried.
3 A common household is involved if two persons have their main residence in the same dwelling and they show care for each other through the provision of a contribution to the cost of the household or otherwise.
4 A common household shall be deemed to be present, in any event, if the persons concerned have their main residence in the same dwelling and:
a. They have been married to each other, or have been equal to them before the application of this Law;
b. their relationship a child has been born or recognised by one child of one by the other;
(c) they have a mutual obligation to contribute to the housekeeping under a contractual social contract; or
d. They shall be regarded as having a common household attitude, according to their nature and scope, corresponding to the joint conduct referred to in the third paragraph.
5 In the case of a general measure of management, the registrations and during which period shall be taken into account for the purposes of paragraph 4 of the fourth paragraph.
6 In the case of a general measure of management, rules may be laid down in respect of what is meant by the display to ensure that another person is referred to it as referred to in paragraph 3.
7 The first-degree blood-related relationship referred to in paragraph 2 shall be understood as an adult or former foster child of the descendants or of the deceased insured or former foster child of the deceased insured or of the deceased person. the person who conducts a joint household with the naexisting.
8 Under the former foster child as referred to in paragraph 7, the term 'foster child' means a foster child for whom the post-existing person received or receives a foster charge on the basis of the Law on Youth or the Juvenile law , or child benefit received on the basis of the General Child by-entry law .
1 In this law and the provisions based thereon, by way of derogation from Article 3, second to sixth paragraphs 'naexisting' means the former spouse of a deceased insured person, if:
a. The marriage was dissolved other than by death; and
b. the deceased insured immediately prior to death is obliged to provide maintenance to the former spouse on the basis of Book 1 of the Civil Code in accordance with a court ruling or an agreement, laid down in:
1 °. a notarial deed;
2 °. a deed signed by a lawyer;
3 °. an instrument which is made by the former spouse that it has been established by the use of a lawyer involved in divorce; or
4 °. a document drawn up in consultation between the former spouse and the deceased insured through the intermediary of a mediator; and
c. the former spouse would have been entitled to a survivor's benefit in accordance with the provisions of this Law, if death would have taken place on the day of dissolution of the marriage other than by death.
2 In the case of a ministerial arrangement, detailed rules may be laid down for paragraph 1 (b), which shall be the fourth paragraph.
1 This law and its related provisions are considered to be children, their own child, child or foster child in the sense of the child; General Child by-entry law , which was born before or on the day of death of the insured person.
2 For the purposes of application of paragraph 1, a child of whom a woman is pregnant on the date of death of her husband shall be regarded as already born on that date.
3 By way of derogation from the first paragraph, only as a foster child of the post-existing person shall be the foster child for whom the nexisting at the time of the death of the spouse was concerned as if he were older.
Resident within the meaning of this law is the one who lives in the Netherlands.
1 Where a person lives and where a body is located is assessed according to the circumstances.
2 For the purposes of the first paragraph, ships which have their home port in the Netherlands shall be considered as part of the Netherlands.
3 The person who left the Netherlands with whom he left and within a year thereafter returned to the Netherlands without having in the meantime in Aruba, Curaçao, Sint Maarten, the public bodies Bonaire, Sint Eustatius and Saba, or on the territory of another power. has lived, is also considered to have resided in the Netherlands for the duration of his absence.
The law and the provisions based thereon are deemed to be the same as death on the same basis. Ministerial arrangements shall lay down how the presumed death and the date on which death is deemed to have occurred shall be determined.
1 This law and the provisions based thereon shall mean the income of the descendants of labour or other income.
2 In the case of a general measure of management, the term 'employment' or 'other income' referred to in paragraph 1 shall be defined as the term 'first paragraph'. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 The person who is unfit for work is the person who, as a direct and objective medical practitioner, is unable to earn 55% of what healthy persons with similar training and experience, on the ground where he is employed. the work performed or last performed, or in the environment thereof, normally earned.
2 In the first paragraph the term 'first' means all generally accepted labour to which that person is capable of being able to work with his powers and abilities.
By a decision taken pursuant to Article 49 The National Bureau of Collection Maintenance Contributions is also involved.
1 Insured in accordance with the provisions of this Act is the one, which
a. Resident;
b. is not resident, but is subject to payroll tax in respect of labour in the Netherlands or in the continental shelf in employment.
2 Uninsured is the foreigner who does not lawfully stay in the Netherlands stay within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
3 By way of derogation from the first and second paragraphs, by means of a general measure of management or under a general measure of management, it may be granted to the class of insured persons.
4 If an insured person ceases to be resident, his insurance ends, except for the application of the Social insurance financing law and to the extent not already covered by a corresponding arrangement of Aruba, Curaçao, Sint Maarten, the public entities Bonaire, Sint Eustatius and Saba, of any other Mogenity or an international organisation, not more than six weeks after the day, with effect from which he has ceased to be resident. In the period laid down in the first sentence, the General Term Act Not applicable.
5 In the case of a measure referred to in paragraph 3, a measure may be taken to determine that, in the case of a non-lawful stay in the Netherlands, Article 8 (a) to (e) and (l) , be insured:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legitimately residing in the Netherlands as intended in Article 8 (g) or (h) of the Aliens Act 2000 .
If necessary by derogation from Article 13 and the following provisions:
a. The person who is insured is the person whose insurance arises under this law from the application of provisions of a treaty or of a decision of an international organisation;
b. does not qualify as an insured person, the person to whom the legislation of another power is applicable under a treaty or to a decision of an international organisation.
1 Right to survivor's benefit has the naexisting which:
a. having an unmarried child who is less than 18 years of age and does not belong to another household; or
b. is unfit for work
1 °. on and since the day of death of the insured person, or
2 °. on and since the last day of the month in which he no longer meets the condition set out in part A , and whose incapacity for work after the invalidity period of 1 ° and 2 ° lasts for a period of at least three months, or to whom it is likely that the incapacity for work will continue for at least three months after the day as referred to in the preceding day.
2 The right to survivor's benefit is payable on the first day of the month of death of the insured person.
3 For the naexisting which on the day of death of the insured person does not meet the condition, mentioned in the first member, part A Because the child belongs to another person at the time of death, the right to survivor's benefit will be payable on the first day of the month in which he fulfils that condition as a result of death.
4 For next-existing ones who are not entitled to a survivor's benefit on the basis of Article 15, first paragraph, part d , the right to benefit from a survivor's benefit on the first day of the month, no later than six months after the death of the insured person, does not carry out this common household.
5 The social security bank may, by way of derogation from the fourth paragraph, fix a longer period if the application with regard to the six-month period will lead to an imequity of the following.
1 No right to survivor's benefit has the following:
a. whose husband has died within one year of being married to the spouse and the state of health should reasonably be expected to do so at the time of the marriage closure; or
b. if the spouse has died within one year of the commencement of his insurance and the state of health has been reasonably expected to do so at the time of commencement of insurance; or
c. if the spouse was intentionally deprived of life by the naexisting or with his complicity.
d. that conduct a joint house position, unless it is a common household for the care of a need for assistance;
e. who already has the right to a survivor's benefit under this law and who subsequently became post-existent as a result of the death of the needy with whom he conducted a joint house for the care of who are in need of assistance.
2 In the case of a general measure of management, in respect of the cases in which the deceased person is under the general measure of management, as referred to in Article 2 (1), Article 13, third paragraph Rules shall be imposed on or under an agreement or a social security scheme which is in force between the Netherlands and one or more powers under this Law or not for a year has been insured.
3 No entitlement to survivor's benefit arises if the spouse dies either on or after the day at which the next-old reaches pensionable age.
4 The components A and B of the first paragraph shall not apply if the surviving spouse, if not remarried, would have been entitled to a survivor's benefit.
1 The right to survivor's benefit ends, if:
a. No longer subject to the conditions of Article 14, first paragraph, points (a) and (b) , being satisfied; or
b. either entering into marriage or having a common household, other than in order to provide care of a needy; or
c. Reached the next-present pensionable age.
2 The right to benefit shall end with effect from the first day of the month following that in which the circumstances set out in paragraph 1 arise, but in the case of part c as from the day on which the pensionable age becomes was reached.
(3) The right to a survivor's benefit from the first day of the month at the latest, whose benefit is payable under paragraph 1 (b) for the conduct of a common household, shall be entitled to a survivor's benefit from the first day of the month within six months of the end of the survivor's benefit, this joint housekeeping shall no longer be carried out.
4 The social security bank may, by way of derogation from the third paragraph, fix a longer period if the application for a period of six months is likely to result in a lack of fairness.
1 The gross survivor benefit is determined in such a sum that after the amount to be kept of that amount is taken into account for a person who has not reached retirement age for a person who has not reached the retirement age. keeping exclusively the general charging discount, for the purpose of Article 22 of the Law on Earnings Act 1964 , is deducted, the net survivor benefit is equal to 70% of the net minimum wage.
2 By way of derogation from paragraph 1, the surviving gross survivor benefit of the surviving member shall be fixed, as long as it carries out a common household for the care of a person in need of assistance, in such a sum that after the amount has been paid withholding payroll tax and public insurance premium for a person who has not reached the retirement age, taking into account only the general charging discount, meant in Article 22 of the Law on Earnings Act 1964 , has been deducted, the net survivor benefit is equal to 50% of the net minimum wage.
3 The gross survivor benefit is for a post-existing resident outside the Netherlands, one of the other Member States of the European Union, another State party to the Agreement on the European Economic Area and Switzerland, a percentage of the amount of the amount fixed under the first or second paragraph by means of a ministerial arrangement. The percentage shall be determined in such a way as to reflect the ratio between the cost level of the country where the post-existing resident is and that of the Netherlands. The maximum percentage shall be 100.
4 The gross survivor benefit of the next-to- Article 4 shall not be higher than the deceased insured person's claim for the maintenance of the next-of-charge payment.
5 By way of derogation from paragraph 1, the gross survivor benefit of the surviving person who has one or more adult persons residing in the same property shall be determined to have the amount fixed in such a way that after the amount to be kept up pay tax and public insurance premium for a person who has not reached the retirement age, taking into account only the general charging discount, intended Article 22 of the Law on Earnings Act 1964 , has been deducted, the net survivor benefit is equal to 50% of the net minimum wage.
6 The fifth paragraph shall not apply to survivors who have not reached the age of 21 years.
7 To the persons referred to in paragraph 5, the following shall not be counted:
a. the person who has not reached the age of 21 years,
b. the person, not a blood-or related in the first or second degree of the naexisting, who, on the basis of a written agreement with the naexisting, having agreed a commercial price, as the landlord, tenant, Landlord, sub-tenant, valuer or breadmaker in the same dwelling as the naexisting has his main residence,
c. the person who, on the basis of a written agreement with a third party, agreed on a commercial price, as a tenant, sub-tenant or breadwinner in the same property as the naexisting his main residence, provided that he agrees to the agreement has the same person as with whom the naexisting has a written agreement whereby a commercial price has been agreed to, as a tenant, sub-tenant or the cost-goer; and
d. the person:
1 °. This education shall be subject to the entitlement to the tuition-financing referred to in Article 1 (1). Article 3.1, first or second paragraph, of the Law for Study 2000 may exist and may, at any time during that course of education, be able to benefit from the funding of the study at his age;
2. which follows education for which a claim may be granted on the basis of Chapter 4 of the Act of Concession Education Contribution and School Costs and at any time during that period of education, having regard to his age, may be eligible for that concession;
3 °, which is vocational training as intended Article 7.2.2, first paragraph, points (a) to (e) of the Law on education and vocational education follow the course of the occupational accompanying learning path;
4 °, which follows a similar type of education or vocational training within the meaning of 1 ° to 3 ° outside the Netherlands, where, for under 1% and 2 °, he is less than 30 years of age at any time during such education or during the month of commencement of employment; has reached the age of 30 years.
8 At the request of the Social Insurance Bank, the naexisting shall transfer the written agreement referred to in paragraph 7 (b) or (c) and show the commercial price payment by submitting the proof of the contract. payment.
1 Income is deducted from the survivor's benefit.
2 By way of derogation from the first paragraph, the income from employment shall not be taken into account:
a. An amount equal to 50% of the gross minimum wage; and
b. To the extent that the income from labour exceeds the amount referred to in subparagraph (a), a third part of that quantity.
3 By way of derogation from the second paragraph, in the month in which the post-existing pensionable age is reached, the gross minimum wage referred to in paragraph 2 (a) shall be multiplied by the factor X/Y, where:
-X is for the number of days situated in the month in which the next-age reaches the pensionable age, before the next-age has reached this age, and
-Y stands for the number of days of the month in which the naexisting has reached pensionable age.
4 For a post-existing person living outside the Netherlands, one of the other Member States of the European Union, another State party to the Agreement on the European Economic Area and Switzerland, shall, by way of derogation from the second paragraph, be percentage of the amount determined by the Ministerial Regulation excluded from the amount determined under that paragraph. The percentage shall be determined in such a way as to reflect the ratio between the cost level of the country where the post-existing resident is and that of the Netherlands. The maximum percentage shall be 100.
1 The survivor's benefit is revised in the event of a change in income. This revision shall take effect on the first day of the month in which the amendment arises.
2 If change of circumstances other than changes in income leads to a lower benefit, that revision shall take effect from the first day of the month following that in which the change occurs. If this leads to a higher benefit, that revision shall be the day referred to in the first paragraph.
In the case of a general measure of administration, rules may be laid down for overlapping of benefits under this Law on the survivor's benefit under the legislation of Aruba, Curaçao, Sint Maarten, the law of the Netherlands for the benefit of the public entities Bonaire, Sint Eustatius and Saba, of any other power, or of an international organisation.
1 Where a pension scheme of a pension fund or of an employer includes provisions or is included under which all or part of a benefit is taken into account in respect of a benefit under this chapter, the application of these provisions is to be taken into account, that an increase in the benefit under that law as a result of the Articles 17 and 29 , which is not taken into account after a pension or after obtaining a right to deferred pension.
2 The first paragraph shall not apply to pension schemes in which provisions are laid down according to which a benefit under that law and the premium-free claims or pensions of that scheme are taken together after the cessation of the active participation annually at least increased by the percentage of the increase in the benefit referred to in the first paragraph or the percentage of wage or price development.
1 Right to an orphan's benefit has a child who has become old-free due to the death of an insured person, as long as it has not reached the age of 16.
2 For the purposes of applying the first paragraph, a child who has not reached the age of 16 shall be treated in the same way as:
a. A child aged 16 or 17 with regard to who is fulfilled to the obligations, intended in the Article 2, first paragraph , and 4a, first paragraph, of the Compulsory 19691969 , or one of the exemptions from those obligations on the basis of That Act is applicable;
b. A child aged 16 or 17 who after obtaining a start qualification as intended in Article 1 (f) of the Compulsory Law of 1969 for physical or psychological reasons it is not suitable for admission to a school or to an institution or a follow-up study;
c. a child of 18 years of age or older, less than 21 years old, who is enrolled as a pupil or participant in a school or institution as referred to in Article 4a of the Apprentice 1969 and it visits regularly or follows a follow-up study;
d. An unmarried child aged 16 or over, but under 21 years old, that is a starting qualification as intended in Article 1 (f) of the Compulsory Law of 1969 has obtained or who has been or would have been one of the exemptions referred to in subparagraph (a) and whose work time available is largely taken up by the care of its household, where, by the way, at least one of the children entitled to an orphan's benefit belongs.
3 For the purposes of paragraph 2 (d), the child shall be regarded as unmarried and the child who carries out a common household with a person in need of assistance if the deceased has gone to a household with the need for assistance before his death. with the aim of taking care of the needy or if, after the death of the insured person, the child is to conduct a household with a person in need of assistance with the aim of taking care of the needy.
4 The right to an orphan's benefit shall enter on the first day of the month in which the child has become old age and the conditions referred to in the second paragraph are fulfilled.
5 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of the second paragraph.
6 The failure to comply with the obligations referred to in paragraph 2 (a) shall be apparent from an appropriate communication from the College of Mayor and of aldermen of the municipality in which the child resides.
Article 26 As that article was the same as on the day preceding the entry into force of Article III, Section B, the Law of 4 February 2010 amending the General Child Allowances Act and the General Survivors Law in connection with adaptation to the introduction of the Act of Children of the European Union. a qualifying obligation in the Apprenticeship 1969 and the introduction of a number of simplifications in the General Child Allowances Act and some other adjustments to that Act (Stb). 74) shall continue to apply to the child, which has reached the age of 16 before 1 October 2009.
1 The entitlement to an orphan's benefit does not exist if:
(a) the insured person has died within one year of the commencement of his insurance and the state of health should reasonably be expected to do so at the time of commencement of insurance; or
b. the insured person was intentionally deprived of the life by the old child or with his complicity.
2 In the case of a general measure of management, in respect of the cases in which the deceased person is under the general measure of management, as referred to in Article 2 (1), Article 13, third paragraph Rules shall be imposed on or under an agreement or a social security scheme which is in force between the Netherlands and one or more powers under this Law or not for a year has been insured.
1 The right to an orphan's benefit shall end with effect from the first day of the month following that of the month in which the conditions for obtaining an orphan's benefit are no longer covered by the provisions of the Article 26, first and second paragraphs , it will be met.
2 The right to an orphan's benefit shall be reborn from the first day of the month, in which the child fulfils the conditions for obtaining an orphan's benefit.
3 A child shall no longer be regarded as being old-free:
a. in the case of child recognition; or
b. when it is adopted with effect from the day on which the pronunciation has gone into force of res judiced.
4 Denial of the fatherhood resulting from recognition would restore the right to an orphan's benefit if it had not been recognised, as from the day on which the decision declaring the refusal to grant an orphan's entered into force of res judiced.
5 Revocation of adoption as referred to in the third paragraph B , does the right, if any, have existed, if no adoption would have taken place, to be revived with effect from the day on which the Award went into force of res judiced.
1 The gross orphan's benefit is equal to a percentage of the gross amount of the survivor's benefit referred to in the Article 17, first paragraph .
2 The percentage referred to in paragraph 1 shall be for a child who shall be on the first day of a calendar month
a. Less than 10 years: 32
b. 10 years of age or older but less than 16 years of age is: 48; and
c. 16 years of age or older but less than 21 years of age: 64.
3 The gross orphan's allowance is for a child residing outside the Netherlands, one of the other Member States of the European Union, another State party to the Agreement on the European Economic Area and Switzerland, a Ministerial arrangement established percentage of the amount fixed under the first and second paragraphs. The percentage shall be determined in such a way as to reflect the ratio between the cost level of the country in which the child is resident and that of the Netherlands. The maximum percentage shall be 100.
1 The person receiving a survivor's benefit shall also be entitled to a concession.
2 The person receiving an orphan's benefit shall also be entitled to a concession.
3 The concession referred to in paragraphs 1 and 2 shall not be regarded as a survivor's benefit or an orphan's benefit under that law, except in respect of the application of Section II of Chapter 3 .
4 Article 2, third paragraph , shall apply mutatis mutandis.
5 In the case of a general measure of management, rules shall be laid down regarding the amount, indexation and method of payment of the concession.
6 The concession shall be granted if the former or the orphan resides outside the Netherlands, one of the other Member States of the European Union, another State party to the Agreement on the European Economic Area and Switzerland, a Ministerial arrangement established percentage of the amount fixed under the first to fifth paragraph. The percentage shall be determined in such a way as to reflect the ratio between the cost level of the country where the Nexisting or orphan is resident and that of the Netherlands. The maximum percentage shall be 100.
7 The concession shall not be open to seizure.
The person entitled to benefit from a survivor's allowance or to an orphan's benefit over one month shall be entitled to a holiday allowance.
1 The gross holiday allowance on the survivor's benefit is determined in such a way that the net holiday allowance for the survivor's benefit is equal to 70% of the net minimum holiday allowance per month.
2 The gross holiday benefit on the orphan's benefit is determined on the basis of the first paragraph of the first paragraph.
3 For the purpose of determining the percentage referred to in paragraph 2 Article 29, second paragraph , mutatis mutandis.
1 If the survivor's benefit is applied Article 17, second, third, fourth or fifth member , 18 , 67 or 70, 1st Member , be reduced or otherwise set at a lower amount than the amount referred to in Article 17, first paragraph, a proportional reduction is applied to the holiday benefit or the holiday benefit must be reduced proportionately.
2 In the case of ministerial arrangements, detailed rules may be laid down for calculating the holiday allowance of the person whose benefit is paid by applying the Article 20 has been reduced and who, in addition to the payment of benefits under the legislation of another power, has no right to benefit from a holiday benefit under that legislation.
3 If the orphan's benefit is applied Article 29, third paragraph , if the amount referred to in Article 29, first and second paragraph is lower, the holiday allowance shall be reduced proportionately.
1 No right to survivor's benefit arises from the survivor if he does not reside in the Netherlands on the day of the death of the insured person. No entitlement to an orphan's benefit arises for the child if it does not reside in the Netherlands on the day of the death of the insured person.
2 The first paragraph shall not apply where the person who, on the date of the death of the insured person, resides in a country in which, under a treaty or a decision of an international organisation, he is entitled to death on the date of the death of the insured person. The survivor's benefit may be underpaid.
3 For the person referred to in paragraph 1, shall arise, without prejudice to: Article 15 or 27 , entitlement to a survivor's benefit or an orphan's benefit from the day that:
a. The naexisting in the Netherlands lives and he meets a condition as referred to in Article 14, first paragraph , or the conditions specified in Article 66a, second paragraph ;
b. the child lives in the Netherlands and it conforms to a condition as intended Article 26, first and second paragraphs .
4 The third paragraph shall apply mutatis mutandis where the second or other person who is the child does not reside in the Netherlands from the date of residence in a country with which a treaty entered into force or a decision of a Member State which is a member of the Netherlands. Under international law, an organisation of international law has entered into force, under which entitlement to a survivor's benefit may be granted.
5 In the case of, or under a general measure of management, entitlement to a survivor's benefit or an orphan's benefit may be granted for:
a. the naexisting or the child, if the next-present or the child carries out work in the public interest and does not reside in the Netherlands;
b. The next-present or child, if the next-present or the child lives in Aruba, Curaçao, Sint Maarten or the public bodies Bonaire, Sint Eustatius and Saba; or
(c) the members of the family of the offspring referred to in points (a) or (b).
6 Our Minister shares in which countries may, under a treaty or a decision of international law, be entitled to a survivor's benefit or an orphan's benefit. This communication shall also include:
(a) the place where the relevant Convention or Decision is established; and
b. any restrictions which may be present in that Convention or Decision.
1 The right to survivor's benefit ends on the first day that the post-existing person does not live in the Netherlands. The right to an orphan's benefit ends on the first day that the child does not live in the Netherlands.
2 Relives for the person referred to in paragraph 1, without prejudice to: Article 15 or 27 , entitlement to a survivor's benefit or an orphan's benefit on the day:
a. The naexisting in the Netherlands lives and he meets a condition as referred to in Article 14, first paragraph , or the conditions specified in Article 66a, second paragraph ;
b. the child lives in the Netherlands and it conforms to a condition as intended Article 26, first and second paragraphs .
3 The second paragraph shall apply mutatis mutandis if the second or other person who is the child does not reside in the Netherlands from the date of residence in a country with which a treaty entered into force or a decision of a Member State which is a member of the Under international law, an organisation of international law has entered into force, under which entitlement to a survivor's benefit may be granted.
4 Article 32a, second, fifth and sixth paragraphs , shall apply mutatis mutandis.
1 No right to survivor's benefit arises for the surviving member if he is on the day of the death of the insured person, or on the day following the end of the application of Article 32e with regard to that right to benefits, rights have been deprived of his freedom. The child shall not be entitled to an orphan's benefit if it is deprived of his freedom on the day of the death of the insured person or on the day following the application of Article 32e in respect of that right to benefit.
2 For the person referred to in paragraph 1, shall arise, without prejudice to: Article 15 or 27 , entitlement to a survivor's benefit or an orphan's benefit from the day that:
a. the naexisting is placed in freedom and he fulfils a condition as referred to in Article 14, first paragraph , or the conditions specified in Article 66a, second paragraph , and without prejudice to Article 14, third paragraph ;
b. the child is placed in freedom and it complies with a condition as intended in Article 26, first and second paragraphs .
3 The first paragraph shall not apply and the second paragraph shall apply mutatis mutandis to categories of persons subject to general measures of management, where the execution of a custodial sentence or measure involving deprivation of liberty is excluded from the scope of the measure. a judicial establishment.
1 The right to survivor's benefit terminates, if the right to freedom has been deprived of its freedom, from the day that this freedom of freedom took one month. The right to an orphan's benefit ends, if the child has been deprived of his freedom, from the day that he took his liberty for one month.
2 Relives for the person referred to in paragraph 1, without prejudice to: Article 15 or 27 , entitlement to a survivor's benefit or an orphan's benefit on the day:
a. the naexisting is placed in freedom and he fulfils a condition as referred to in Article 14, first paragraph , or the conditions specified in Article 66a, second paragraph , and without prejudice to Article 14, third paragraph;
b. the child is placed in freedom and it complies with a condition as intended in Article 26, first and second paragraphs .
3 For the purposes of the first paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
4 Article 32c, third paragraph , shall apply mutatis mutandis.
5 The right to benefit of a survivor's benefit or to the right to an orphan's benefit shall, by way of derogation from paragraph 1, end as from the day of entry of the freedom of liberty, if, on the day prior to the release of liberty, there is no right to that person Allowance based on Article 32f, first paragraph .
The survivor's benefit shall not be granted to the surviving person if and for as long as he is on the day of the death of the insured person and subsequently deprived of the execution of a custodial sentence or detention order. No entitlement to an orphan's benefit arises for the child if and for as long as it is on the day of the death of the insured person and subsequently detracting from the enforcement of a custodial sentence or detention order.
1 The right to survivor's benefit ends, if the naexisting withdraws from the implementation of a custodial sentence or detention order. The right to an orphan's allowance shall end if the child is deprived of the execution of a custodial sentence or measure involving deprivation of liberty.
2 Relives for the person referred to in paragraph 1, without prejudice to: Article 15 , 27 or 32d , entitlement to a survivor's benefit or an orphan's benefit on the day:
a. the naexisting no longer withdraws from the implementation of a custodial sentence or custodial measure and he complies with a condition as referred to in Article 14, first paragraph , or the conditions, intended in Article 66a, second paragraph , and without prejudice to Article 14, third paragraph;
(b) the child is no longer deprived of the implementation of a custodial sentence or custodial measure and it meets a condition as intended Article 26, first and second paragraphs .
1 The social security insurance bank shall, on application, be established or entitled to a survivor's benefit or an orphan's benefit.
2 The holiday benefit is paid without having been adopted by decision.
3 An application shall be made by means of a form made available by the Social Insurance Bank.
4 The right to benefit is not fixed for periods of one year prior to the day on which the Social Insurance Bank has received the application for benefit. The Social Insurance Bank shall be empowered to derogate from the first sentence in special cases.
1 Without prejudice to any revision or withdrawal of a decision on the granting of benefit and in respect of a refusal to benefit, the Social Insurance Bank shall, without prejudice to the provisions of this Act, revise or withdraw such a decision in:
a. if it is not or is not properly fulfilling a liability under Article 35 , 36, second paragraph , or 37 has led to an undue payment of benefit or an excessive amount of benefit;
b. if otherwise the benefit has been wrongly or to an overstated amount;
c. if not properly fulfilling an obligation on the basis of: Article 35 , 35a , 36, second paragraph , or 37 there is no way to determine whether the right to benefit is still available.
2 If there are compelling reasons for this, the Social Insurance Bank may decide to waive or cancel all or part of the revision or withdrawal.
1 The next-date, the old child and his legal representative, and the institution to which Article 49 or 57 the benefit is paid out to the social security insurance bank at its request or without delay to communicate on its own initiative all facts and circumstances which are reasonably clear to them that they may be affected by the payment of benefits. the right to benefit, the amount of the benefit, the payment of the right to benefit or the amount of the benefit, which is paid out. The obligation shall not apply where such facts and circumstances can be determined by the Social Insurance Bank on the basis of information deemed to be authentic by law or may be obtained from a ministerial arrangement Administrations to be allocated. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
2 At the request of the Social Insurance Bank, the majority-year-old person who is in the same dwelling as the next-head shall lay down as intended Article 17, fifth paragraph , if requested, all information and information relating to the assessment of the claim for benefit may be of interest.
In addition to Article 35 the Social Insurance Bank may request the post-existing or his legal representative or his legal representative to show that:
a. The naexisting does not conduct a joint household position other than for the purpose of caring for a needy;
b. Child, intended in Article 26, second paragraph, part d , is unmarried and that until his household is at least another child who is entitled to an orphan's benefit;
c. the actual living situation of the offspring or of a parent-free child is in accordance with the given address of those descendants or of that old-age child.
In order to enable him to do so, the Social Insurance Bank may, with the consent of the next-age child or the legal representative, make available to the social security insurance bank the dwelling of the existing or to enter the old age-free child.
1 The Social Insurance Bank shall be empowered to adopt control rules. These rules may not go beyond what is strictly necessary for the proper implementation of this law.
2 The next-date, the old child or his legal representative or the institution to which, on the basis of Article 49 or 57 the benefit is paid out, is required to follow the rules and otherwise to provide the social security bank with the assistance reasonably necessary for the implementation of this Act on request.
3 The next-age, the old child or his legal representative, shall abstain from very serious misconduct in respect of the persons and bodies responsible for the implementation of this Law while carrying out their activities.
For the purposes of the application of the Article 5, second paragraph , 11 , 14, first paragraph, introductory wording and part b , 26, second paragraph, introductory wording and part b The person concerned shall, at the request of the Social Insurance Bank, submit a medical examination, either in order to determine whether a common household is being conducted for the care of a person in need of assistance.
1 The social security insurance bank shall refuse the benefit temporarily or permanently, in whole or in part, if the next-old child, or his legal representative, has an obligation on the basis of Article 36, second or third paragraph , or 37 imposed, or the obligations, specified in Article 55, second paragraph, of the Act implementing organisation of work and income , not properly fulfilled or not properly fulfilled, the obligation to be applied Article 35 , has not been complied with within the time limit set by the Social Insurance Bank.
2 A measure referred to in paragraph 1 shall be tailored to the seriousness of the conduct and to the extent to which the next-age child, or his legal representative, can be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
3 The Social Insurance Bank may waive the imposition of a measure as referred to in paragraph 1 and suffice to give a written warning in respect of the failure to comply with the obligation in time, as referred to in Article 3 (2). Article 35 If the failure to comply in time of the obligation has not resulted in an undue payment or an excessive amount of benefit, unless the fulfilment of the obligation is not fulfilled in due time within a period of two years starting from the date of the the date on which a warning has been issued earlier to the next-existing, the elderly person, or his legal representative.
4 The Social Insurance Bank may waive the imposition of a measure if there are compelling reasons for doing so.
5 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as provided for in Article 39 shall be imposed.
6 In the case of, or under general management, detailed rules relating to the first and second members shall be laid down.
1 The Social Insurance Bank shall impose an administrative penalty of up to the amount of the penalty for failure or failure to comply properly with the next-age child, or its legal representative of the obligation, as specified in the Annex. Article 35 . The administrative penalty is not lower than the penalty which would be imposed on the basis of the third paragraph if there was no penalty amount.
2 In this Article, bending is meant to be the gross amount intended as a result of the failure or failure to fulfil the obligation. Article 35 , erroneously or up to an excess amount of survivor's benefit or orphan's benefit.
3 If it is not or is not properly fulfilled by the next-term, the old child, or his legal representative of the obligation, intended in Article 35 , has not resulted in a benzenary amount, the Social Insurance Bank shall impose an administrative penalty of up to the amount of the second category referred to in the Article 23 (4) of the Code of Criminal Law .
4 The Social Insurance Bank may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to give a written warning for failure or failure to comply with the obligation, as referred to in Article 4 (2). Article 35 , unless the fulfilment of the obligation not properly or not properly takes place within a period of two years from the date on which the earlier, the old child, or his legal representative, has previously been given a warning such as to has been given.
5 The Social Insurance Bank imposes an administrative penalty for failure or failure to properly comply with the next-term, old-age child, or his legal representative of the obligation, intended in Article 35 , as a result of which an undue amount of survivor's benefit or orphan's benefit has been unduly paid out, up to a maximum of 150% of the amount of death if, within a period of five years prior to the date of the commit ment of the the infringement has been imposed on an earlier administrative penalty or criminal penalty for an earlier offence, consisting of the same conduct, which has become irretrievable.
6 By way of derogation from paragraph 5, the five-year period referred to in that paragraph shall be 10 years if, as a result of the earlier offence, referred to in paragraph 5, the parent-free child, or his legal representative, has been penalised by a person Unconditional imprisonment.
7 The social security bank may:
a. Reducing the administrative fine if there is a reduction in reproach;
(b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.
8 The person to whom an administrative penalty has been fined shall be required to provide the Social Security Bank with the information which is important for the enforcement of the administrative fine.
9 In the case of general administrative measures, detailed rules on the level of administrative penalty shall be laid down.
10 By way of derogation from Article 8:69 of the General Law governing the administrative law the right to appeal or appeal may also alter the amount on which the administrative fine was determined to the detriment of the next-age child, or of his legal representative.
In the case of ministerial rules, rules may be laid down concerning the period for which payment of the administrative fine may be deferred and the amount of the administrative penalty may be granted. Article 45, first or second paragraph Amount to be reckoned and the period or time limits within which the netting is to be charged.
1 The Social Insurance Bank shall set off the administrative penalty with a benefit under this Act, child benefit under the General Child by-entry law or old age pension on the basis of the General Old-age Law The person to whom an administrative fine has been imposed shall be entitled to it.
2 Without prejudice to the first paragraph, the Social Insurance Bank may charge the administrative penalty with a claim against the person to whom the administrative penalty has been imposed on him.
3 The college of mayor and aldermen of the municipality in question shall, without the necessary authorization, pay the amount of the administrative fine upon its request to the office of the municipality concerned. Social security insurance bank if the person to whom an administrative fine has been imposed receives a benefit on the basis of the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers , the Law on income provision older and partly incapacitated self-employed workers , the Income Provision of the older unemployed , the Unemployment law , the Disease law , the Law for incapacity for the self-employed , the Law on incapacity for work of young handicapped persons , the Law employment and income to work , the Incapacity for work insurance or the Law Labour and Care or a surcharge on the basis of the Supplements Act .
4 The in Article 479g of the Code of Civil Procedure The National Office Collection Maintenance Contributions shall be granted equally to the Social Insurance Bank. If the Social Insurance Bank makes use of that jurisdiction, the notice of the compulsory order shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the next-child, old-age child, or his legal representative, is obligated to Article 39, eighth paragraph , not properly, or not properly,
a. is the Social Insurance Bank, by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law (i) jurisdiction to the extent seized on the creditor's claim would be null and void;
b. applies to the attachment free foot intended in the Articles 475c to 475th of the Code of Civil Procedure , by way of derogation from Article 4:116 of the General Administrative Law Act , not in the recovery of an administrative fine in the case of a warrant.
1 In netting specified in Article 45, first paragraph , the administrative penalty is to be charged in Article 39, fifth paragraph , by social insurance bank, by way of derogation from Article 4:93, fourth paragraph, of the General Law governing the administrative law , settled for a period not exceeding five years from the time of the day drawing on which the administrative penalty has been imposed.
2 Article 45, first paragraph , and the first paragraph shall apply mutatis mutandis to the settlement of the administrative fine, referred to in Article 39, first paragraph , if and to the extent that at the time of reckoning referred to in the first member, the administrative penalty by the offender has not been paid.
3 The social security bank may, at the request of the person subject to the administrative penalty, decide not to apply the first and second paragraphs, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be required.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 45, first paragraph Without prejudice to the period referred to in the first paragraph.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act shall be released on application by a ministerial order on application of the said Act in respect of costs of care, housing costs and the cost of children. The free share of the benefit may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph, detailed rules may be laid down by means of a ministerial arrangement.
7 The released part referred to in paragraph 5 shall not be open for confiscation, including confiscation of natural persons under the bankruptcy or application of the debt-anting scheme.
1 The Social Insurance Bank shall pay the benefit to which it is entitled under this Law.
2 The payment referred to in paragraph 1 shall normally be paid as a general rule per month.
3 The Social Insurance Bank shall suspend payment of the benefit or suspend payment if, on the basis of clear evidence, it considers whether it has reasonable grounds for suspecting that:
(a) the right to benefit does not exist or no longer exists; or
b. entitlement to a lower benefit exists; or
c. The next-present, the old child, or his legal representative or the institution to which, Article 49 or 57 the benefit is paid out, an obligation to Article 35 , 35a , 36, second paragraph , or 37 has not been complied with.
4 The social security insurance bank shall immediately inform the person or institution concerned in writing of the decision referred to in the third paragraph.
1 The Social Insurance Bank suspends payment of the benefit if the person granted a benefit is a foreigner who does not lawfully stay in the Netherlands as intended by the person concerned. Article 8 of the Aliens Act 2000 .
2 The payment of the benefit will resume if requested to do so and the Bank has been found to be resident or resident in fact outside the Netherlands.
1 The Social Insurance Bank shall suspend payment of the benefit if it is found that the address provided by the post-existing address of himself or of a child deviates from the address under which the person concerned is registered in the basic registration.
2 No suspension shall take place:
(a) if the derogation cannot reasonably have an effect on the entitlement to or the level of the benefit;
(b) if the derogation of the derogation cannot reasonably be made of the derogation.
3 The Social Insurance Bank shall notify in writing of the suspension to the existing one.
4 The suspension shall be terminated as soon as it has become apparent to the Social Insurance Bank that the derogation no longer exists.
In so far as is not otherwise provided by or under this Act, an advance on the outstanding benefit shall be considered to be a benefit under that law.
If the benefit is paid abroad, the payment is made by way of derogation from Article 4:89, third paragraph, of the General Law governing the administrative law at the time at which the account of the bank designated for that purpose by the creditor is credited.
1 The Social Insurance Bank shall be empowered to make provision for the payment of an orphan's benefit to any person other than the legal representative of the child, if necessary after the opinion of the National Office for Recovery Of Maintenance.
2 If the rightholder or his legal representative fails to apply for an orphan's benefit, this application may be made by the National Office for Collection Maintenance Contributions, which shall also give advice to whom the orphan's benefit is paid. It can be affordable.
1 The social insurance bank pays, in so far as not already paid, the holiday benefit by way of derogation from Article 46 annually in May on the month preceding the month preceding that month, or if the right to benefit ends earlier than in the month of May, during the month in question, unless the right to benefit is entitled to benefit under that law due to the General Old-age Law will be created
2 The arrangements for payment of the holiday allowance shall be laid down in the case of a ministerial arrangement.
1 After the death of a survivor's benefit, a death allowance shall be paid from the day following the death of the survivor's death:
a. to the minor children to whom the deceased person was in family law;
b. in the absence of the component A Children of the same kind to those with whom the deceased lived in the family.
2 The death allowance shall be equal to the amount of the survivor's benefit in one month, calculated on the basis of the amount of that allowance in the month of death of the recipient of the survivor's benefit.
3 The amount of the death allowance shall be paid by the Social Insurance Bank, of its own motion or at the request of the rightholder or right-holders.
4 The death allowance is paid in a lump sum.
5 The amount of death allowance is reduced by the amount of survivor's benefit which has already been paid out over the days of death.
6 The death allowance is not subject to seizure.
1 A benefit under this Act which has not been received or has been recovered within three months of the day of payment of payment is no longer paid.
2 The Social Insurance Bank shall be empowered to derogate from the three-month period in special cases in favour of the next-age or old-age child.
1 The benefit under this Act which as a result of a decision as referred to in Article 34 the social insurance bank of the next-office or old-age child or his legal representative, or the institution to which is paid otherwise, has not been paid, and the payment is not paid otherwise. Article 49 or 57 the benefit is paid out, recovered.
2 By way of derogation from paragraph 1, the Social Insurance Bank may decide to waive recovery or any further recovery if the next-age or old-age child or his legal representative, or the institution to which Article 49 or 57 the benefit is paid:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
3 The time limit set out in paragraph 2 (a), (b) and (c) shall be 10 years if recovery is the result of failure or failure to comply with the obligation laid down in Article 4 (2) of the Treaty. Article 35 .
4 The period referred to in paragraph 2 (a) and (b) shall be three years if:
a. the average income of the person concerned during that period, the attachment of the ground in the Articles 475c and 475d of the Code of Civil Procedure has not been exceeded; and
b. Recovery is not the result of failure or failure to properly discharge the obligation, referred to in Article 35 .
5 If there are compelling reasons for this, the Social Insurance Bank may decide to waive all or part of the recovery.
6 The person from whom recovery is to be recovered shall, upon request, provide the Social Security Bank with the information which is important for the recovery.
7 By way of derogation from paragraph 1, the Social Insurance Bank may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered does not exceed a sum to be fixed by Our Minister. is going.
1 The social insurance bank may pay the unchargeable benefit, Article 53, first paragraph ...........
2 Article 45 shall apply mutatis mutandis, except that if the average income of the party concerned is intended for three years the attachment of the property in the Articles 475c and 475d of the Code of Civil Procedure The social security insurance bank has not been able to determine the amount of redemption.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 53, first paragraph , may the Social Insurance Bank, at the request of the post-old or old-age child, or its legal representative, or the institution to which under Article 49 or 57 the benefit is paid out, partial recovery or partial recovery of the payment shall be made by cooperating with a debt scheme, where:
a. It is reasonable to foresee that the next-age child or its legal representative, or the institution to which, Article 49 or 57 the benefit is paid out, cannot continue to pay for his debts or if he is in the condition that he has ceased to pay;
b. It is reasonable to foresee that, subject to the claims referred to in paragraph 2, a debt settlement of the other creditors will not be established without such a decision;
c. a reliable proposal for a debt settlement established in the judgment of the Social Insurance Bank has been created through the intervention of a debt aid provider as referred to in Article 3 (1) of the EC Treaty. Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply where a claim arose from the failure to comply with the law of the next-old child or of his legal representative or of the institution to which, Article 49 or 57 the benefit is paid out, of the obligation to be paid Article 35 , and for this a fine as intended in Article 39 has been imposed or has been declared on the basis of the failure to comply with that obligation Penal code .
3 The decision to refrain from recovery or recovery shall be withdrawn or amended to the detriment of the person concerned if:
(a) a system of debt which meets the requirements of the first paragraph not within 12 months of publication of that decision;
b. the next-office, old-age child, or his legal representative, or the institution to which, Article 49 or 57 the benefit is paid out of the debt to the social security insurance bank not in accordance with the debt scheme; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim by the Social Insurance Bank as referred to in the Articles 53 and 55a is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 For the receipt and the discharge of the payment of the benefit a minor shall be treated as a young person.
2 If the legal representative of the minor opposes payment to the minor in writing to the Social Insurance Bank, the benefit shall be paid to the legal representative.
(1) If the person who has been granted benefit under this law is included in an establishment for the care of the mentally ill or of the mentally retarded and the social security bank of the institution or of the college of mayor and aldermen of the municipality paying the costs of recording the request to pay the benefit to that establishment or to the municipality, the Social Insurance Bank shall be empowered to grant such a request without the imposition of any other conditions.
2 If the person to whom benefit is granted under this Law is entitled to provide or benefit from care as referred to in the Long-term care law and under that law a contribution to that care is payable, the Social Insurance Bank shall be entitled to pay the benefit to the recipient of that contribution, rather than to the person to whom the benefit has been granted, without having to pay the benefit of that contribution. to the Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
3 Where the second paragraph is applied, the jurisdiction referred to in paragraph 1 shall cover the part of the benefit, which shall not be paid out to the institution referred to in paragraph 2.
4 A revision of a benefit under paragraph 2 as a result of a change in the fee due shall be made without the decision being taken at the disposal of the Member State.
1 The benefit is
a. Inalienable
b. Not susceptible to drop-off or belated.
2 Full power to receive benefits, under whatever form or name granted, is always revocable.
3 Each clause, contrary to any provision of this Article, shall be null and void.
In fixing the damages, on which the post-existent and old-age children of the insured person are entitled to claim to civil law in respect of the death of the insured person, the judge shall take into account the claims of the insured person. cash benefits, which have the naexisting and the old-age child under this law.
1 The social security insurance bank has, in respect of the costs incurred under this law, the person who, in connection with the cause of the death of the insured person, has, against his or her descendants, become a member of civil law until the end of the year. damages are required, but not more than the amount for which, in the absence of claims under this law, they would be liable to civil law, reduced by an amount, equal to that of the damages to payment of which the person liable to the post-existing and old-age children become has been taken into civil law.
2 The Social Insurance Bank may, instead of the amount of the periodic benefits in kind, claim the present value in the form of a sum to be fixed annually to be paid to the Social Insurance Bank for the total amount of the indemnial compensation as a result of the cause of death.
1 If the insured person was employed during his death, Article 61 In the case of the employer of the insured person, as a civil law, of the insured person, as regards the person subject to civil law to compensation for damages, who is in the service of the same person employer as the insured person against whose descendants and parents have become dependent on civil law for damages, only if the death of the insured person is due to deliberate intent or deliberate recklessness of that person. Employer's or other person.
2 For the purposes of application of paragraph 1, the employer shall be deemed to be an employer, as referred to in Article 2 (2). Article 34 of the Act of Invorting .
For the purpose of this chapter and of the provisions based thereon, the insured person shall be the person whose compulsory insurance has ended.
1 The insured person may voluntarily assure himself of a period of 10 years from the day following the day on which the compulsory insurance has ended. The first sentence shall apply only where the former insured person has been compulsable, directly prior to the voluntary insurance period, for at least one year.
2 The insured person referred to in paragraph 1 may, if the period of voluntary insurance has been interrupted by a period of compulsory insurance for less than one year, re-voluntarily guarantee for the remaining period of the period of insurance 10 years, as referred to in that paragraph.
3 The period not exceeding 10 years referred to in the first paragraph shall not apply to:
(a) the former insured person in employment with a legal person governed by the law of the Netherlands or who benefits from such a legal person as a legal person;
b. the former insured person who has been sent to perform work for the development cooperation organisations to be identified by our Minister in agreement with our Minister for Foreign Affairs;
c. the former insured person who is employed by an international organisation of international law by Our Minister, Our Minister for Health, Welfare and Sport, and our Minister of Internal Affairs and Kingdom Relations;
d. the insured person who carries out any work which is financed by the State and which is also under contract by the State under a statutory mission or in the context of an international treaty or a the equivalent of an agreement or a decision of an international organisation;
e. the former insured person who, on the day on which compulsory insurance has ended the age of 50, does not reside in the Netherlands and has the right to a:
1. benefit based on the Law employment and income to work ;
2. benefit based on the Incapacity for work insurance ;
3. benefit on the basis of the Law for incapacity for the self-employed ;
4. benefit or entitlement to employment support on the basis of the Law on incapacity for work of young handicapped persons ;
5 °, benefit under the Law on incapacity for work in the military ;
6 °. pension on the basis of incapacity for work Privatisation of the Railways Pension Fund ;
7 ° pension on the basis of incapacity for work under the General Military Pensions Act, as in 1 January 1998;
8 ° oldage pension on the basis of the General Old-age Law ; or
9 °. survivor's benefit under this law;
provided that such benefit or pension is at least equal to 35% of the amount in Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances amount referred to; or
f. the former insured person whose entitlement to a benefit referred to in subparagraph e has ended only as a result of reaching pensionable age;
g. the insured person referred to in the Article 63d, second paragraph .
4 The maximum of ten years referred to in paragraph 1 shall not apply to the spouse of the former insured person referred to in paragraph 3, and to the resident underage children with whom the former insured person was insured or who was the spouse in question. Family-friendly relationship.
5 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.
1 The former insured person of the voluntary insurance referred to in Article 63a, first paragraph , if you wish to make use of it, it is obliged to submit an application to the Social Insurance Bank no later than one year after the day on which the insurance has ended.
2 The application shall be rejected if the former insured fails to comply with the conditions laid down in or pursuant to this Chapter.
1 The voluntary insurance, for the purpose of Article 63a, first paragraph , ends:
(a) from the first day of the second month following that in which the Social Insurance Bank has received a written notice from the former insured person;
b. as of the day, on which the ten-year period referred to in Article 63a, first paragraph , has elapsed;
c. as of the day on which the former insured person is compulsable under this law;
d. from the first day of the fourth month following the last day of the period laid down by the Social Insurance Bank within which the premium payable for the voluntary general survivor's insurance referred to in Article 71 of the Social Insurance Financing Act , to be paid, if that payment has not taken place or has not taken place entirely;
(e) from the day following the last day of a period laid down by the Social Insurance Bank within which the former insured person must supply the information requested in connection with the application of this Chapter, if: the former insured person has not provided such information, unless the former insured person makes sure that he is unable to be accused in such a manner.
1 The Articles 63 to 63c shall apply mutatis mutandis to:
(a) the insured person who was insured under an obligation on 31 December 1999 under the conditions of Article 26 of the Decision of the Enlargement and Limits of the Public Insurance Directive 1999 and, on or after 1 January 2000, but before the day of entry into force of the Law revision voluntary insurance AOW and ANW , the age of 65 has reached;
(b) the insured person who, on 31 December 1999, was voluntarily insured on the basis of Article 63 of this law, as provided for by that Article until the day preceding the day of entry into force of the Law revision voluntary insurance AOW and ANW and whose voluntary insurance has ended between 31 December 1999 and the date of entry into force of the Wet Revision Act AOW and ANW exclusively as a result of reaching the age of 65 years;
except that for the application of Article 63b, first paragraph , the insurance is deemed to have ended, on the day before the entry into force of the Law revision voluntary insurance AOW and ANW .
2 The Articles 63 to 63c shall apply mutatis mutandis to the former insured person voluntarily insured on 31 December 2005 on the basis of a general measure of management based on Article 63, as stated on the day before the Act entered into force; Amendment of a number of laws in the field of the Ministry of Social Affairs and Employment in order to bring them into line with the motion of the member of the Court of Justice and others.
1 A decision pursuant to this Act and the provisions based thereon shall be given within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within eight weeks of receipt of the application or a notification as referred to in the third paragraph has been made.
3 If a decision cannot be made within the period of eight weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law The Social Insurance Bank shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
1 Against judgments of the Centrale Raad van Beroep, any of the parties may appeal in cassation for the infringement or incorrect application of the Articles 3 (2) to (6) , 6 , 7 and 13 and the provisions based on those articles.
2 The rules governing the appeal in cassation against judgments of the courts of appeal in tax cases shall apply mutatis mutandis, with the Centrale Raad van Beroep taking the place of a court of justice.
1 A person, whose husband dies within three years of the entry into force of this Law, shall be regarded as being born before 1 January 1950.
2 For the purposes of the first paragraph, a person shall be deemed to be next-existing if he:
a. was born on or after 1 January 1950 and before 1 July 1956;
b. on the day of death was married to the person who subsequently passed away, where Article 3 , remains out of application; and
c. incidentally, on the death of his spouse, if that death occurred on the day before the entry into force of this Act, he would have been entitled to a widower's pension under the General Widows ' Law and Road Law.
3 By way of derogation from the first paragraph, by way of derogation from the first paragraph, by way of derogation from the provisions of general measure, a person complying with the rules and the second paragraph, but whose spouse dies either on or after the day three years from the day of the day of entry into force of this Law, shall be deemed to be born before 1 January 1950. These rules shall cover, in any event, the period within which and the conditions under which an application for membership of the Social Insurance Bank must be submitted and informed of the amount of the contribution due. In addition, these rules relate to the reimbursement due by the Social Insurance Bank to third parties in respect of costs incurred by them for the purpose of implementing the general measure of management referred to in the first sentence.
1 Until the day from which he has a new right to survivor's benefit under this law, the person entitled to benefit on the day prior to the entry into force of this Law is entitled to benefits under Article 8 of the General Rule of Law of the European Union. Widows 'and' Wezenlaw ' according to the provisions of this Law, right to a survivor's benefit, subject to:
a. The right to survivor benefit does not end when the naexisting no longer meets the conditions of Article 14, first paragraph, points (a) and (b) , as long as he has not reached the retirement age, if he:
1 °. 40 years or older, on the last day of the month, in which the day is situated from which he does not meet the conditions laid down; or
2 °. 35 years or older but less than 40 years of age is on the last day of the month, in which the day is situated, with effect from which he no longer fulfils the condition for entitlement to benefit in accordance with Article 14, first paragraph, part a ;
b. income, consisting of a benefit based on the Law for incapacity for the self-employed or the Law on incapacity for work of young handicapped persons to be deducted from the survivor's benefit; and
(c) from 1 January 1998, with effect from 1 January 1998 on the survivor's benefit, the other income shall be deducted in accordance with the second paragraph, where an amount equal to 30% of the gross minimum wage is not eligible for the survivor's benefit.
2 For the person referred to in the first paragraph, the income referred to in paragraph 1 shall be included in the C , out of account, an amount equal to 70% of the gross minimum wage. Where the income is wholly or partly made up of income from employment and that income is more than 70% of the gross minimum wage, a third instalment of the amount shall be left in addition to the amount referred to in the first sentence.
3 The person referred to in paragraph 1, who, on the date of entry into force of this Law, pursues a joint conduct other than for the care of a needy and still carries out this joint conduct on 31 December. In December 1997, the survivor's benefit will be reduced from 1 January 1998 to 30% of the gross minimum wage, to which a benefit referred to in paragraph 1 (b) is deducted. This survivor's benefit is increased to 70% of the net minimum wage as from the first day of the month that the post-existing one before 1 July 1998 does not carry out a common household balance. The Social Insurance Bank may, where the application of the second sentence as regards the date of 1 July 1998, leads to an imequity of the same kind, fix a later date.
4 For the application of the Law Limits aggregation of benefits under the General Widows and Road Act with benefits and renten under the Accident Act 1921 is a benefit under the General Widows and Road Act as a benefit. taken into account under this Act, except that for the purposes of determining the interest rate under the Accident Act 1921 which comes to the payment of the payment, Article 18 remain out of account.
5 In the case of a ministerial arrangement, detailed rules may be laid down for situations in which this Article does not provide or does not provide sufficient results or the application of this Article.
6 By way of derogation from paragraph 3, the survivor's benefit of the person referred to in paragraph 1, which shall, on the date of entry into force of this Law, conduct a joint conduct for the care of a person in need of care and of care of the survivor of the survivor's family. (ii) joint housekeeping continues to be carried out on 31 December 1997, with effect from 1 January 1998 reduced to a sum of 50% of the net minimum wage, to which a benefit referred to in paragraph 1 (b) is deducted. For the part of the survivor's benefit which is greater than 30% of the gross minimum wage, the other income referred to in paragraph 1 (c) shall be deducted. The survivor's benefit referred to in the first sentence shall be increased to 70% of the net minimum wage as from the first day of the month in which no joint conduct for the care of a person in need of assistance is taken care of.
7 If the joint conduct of the household, referred to in paragraph 6, ends with the death of a person in need of aid which is not also an existing one, there shall be no new right to benefit from the survivor's benefit.
8 By way of derogation from the second paragraph, the gross minimum wage referred to in paragraph 2 of the second paragraph shall be multiplied by the factor X/Y, in the month in which the post-existing pensionable age is reached, where:
-X is for the number of days situated in the month in which the next-age reaches the pensionable age, before the next-age has reached this age, and
-Y stands for the number of days of the month in which the naexisting has reached pensionable age.
9 The survivor's benefit is a percentage of the amount fixed by ministerial arrangement of the amount fixed under the first to the eighth paragraph if the surviving person resides outside the Netherlands, one of the other Member States of the European Union, another State party to the Agreement on the European Economic Area and Switzerland. The percentage shall be determined in such a way as to reflect the ratio between the cost level of the country where the post-existing resident is and that of the Netherlands. The maximum percentage shall be 100. For the application of the first sentence, Article 17, third paragraph , out of application.
1 Chapter 3, Section I, paragraph 9 , does not apply to the person who:
(a) on 31 December 1999 on the basis of Article 14 or 26 , is entitled to a survivor's benefit or to an orphan's benefit and is not resident in the Netherlands on that day; and
(b) on 19 December 2005, that entitlement to a survivor's benefit, or to an orphan's benefit, only applies under Article 2 of the Law of 9 December 2004, approving the intention to terminate it in Geneva on 28 June 1962. Treaty on equality of treatment of nationals and foreign nationals with regard to social security (Convention No 118, adopted by the International Labour Conference in its sixtieth session; 1962, 122 and Trb. 1964, 23) (Stb. 2004, 715).
2 The first paragraph shall continue to apply as long as that person continues to reside in the same country as the country in which he resided on 19 December 2005 and remains in accordance with the other conditions governing entitlement to a survivor's benefit or an orphan's benefit.
1 Chapter 3, Section I, paragraph 9 , does not apply to the person to whom that paragraph would become applicable as a result of the termination of a treaty, termination of the provisional application of a treaty or the termination of a similar situation to which it was terminated, as long as this person continues to live in the same country as the country where he resided on the day for entry into force, respectively, on the day before the termination and continues to comply with the remaining conditions for the right to Survivor's benefit, or an orphan's benefit.
2 Our Minister shall communicate to which country, including the day on which, a Treaty as referred to in paragraph 1 has entered into effect or the provisional application of a treaty or a similar situation to that country, has been terminated in the first paragraph.
1 By way of derogation from Article 17, fifth paragraph , the gross survivor benefit is fixed in such a sum that after the amount to be held over that amount is taken into account for a person who has not reached retirement age for a person who has not reached pensionable age. keeping exclusively the general charging discount, for the purpose of Article 22 of the Law on Earnings Act 1964 , has been deducted, the net survivor benefit is equal to:
a. From 1 July 2015 until 31 December 2015 68%;
b. 65% in 2016;
c. 60% in 2017;
d. 55% in 2018;
of the net minimum wage per month.
2 This Article shall expire with effect from 1 January 2019.
1 The person who, on the day before the entry into force of this Law, had a right to an orphan's pension under the General Widows and Road Law, shall be entitled to an orphan's benefit in accordance with the provisions of this Law.
2 By way of derogation from the first paragraph, in respect of the child who is 16 years or older on the day of entry into force of this Act and entitled to benefit under Article 17 of the General Widows and Road Law in the application of Article 26, second paragraph, parts a and c and Article 29 (c), second paragraph read for 21 years: 27 years.
3 Of the person referred to in this Article, who is entitled to benefit on the basis of Article 26, second paragraph, part c , and which, on the date of entry into force of this Act, carries out a common household, and continues to conduct this joint conduct on 31 December 1997, the orphan benefit shall end from 1 January 1998.
4 [ Red: Expated.]
5 By way of derogation from the third paragraph, the orphan's benefit of the person referred to therein shall not end as long as the person carrying out a common household with a person in need of assistance and if the person or deceased insured person has taken a household with a person who is not The aim is to take care of the needy.
The Article 5, third paragraph , and 9 As they were, on the day preceding the entry into force of Article XII (A) and (B) of the Law of 12 March 2014 on the approximation of laws and the establishment of transitional provisions relating to the revision of the measures of child protection, Stb. 2014, 131, shall continue to apply to the persons upon whom these articles were applied on the day before that law enters into force.
For the purposes of this Act and the provisions based thereon, a period of insurance under the General Widows and Road Law shall be considered to be an insurance period under this Act.
A conduct contrary to a general measure of management issued under this Act, where expressly referred to as a criminal offence within the meaning of this Article, shall be subject to custody of a maximum of one month or a fine. of the second category. The fact of the matter is considered to be a violation.
1 The entry into force of this Law does not alter the claims, rights and obligations expressed in guilders until 1 January 2000, such as those for those involved in pension schemes of a pension fund or of a pension scheme. employer in the middle of the day before the date of entry into force.
2 If, before 1 January 2000, a review of the pension scheme in connection with this Act is agreed upon or agreement is reached on the maintenance of the rules applicable before the date of entry into force of this Act survivor's pension, the entry into force of this law may, as of that date, alter the claims, rights and obligations set out in paragraph 1.
3 The provisions of paragraph 1 shall not apply to the pension claims of the survivors of the military, former military or retired military officer who has died as a result of injury, illness or defects, as referred to in Article E11 of the General Military Pensions Act. In order to do so, our Minister of Defence shall lay down detailed rules for the period referred to in paragraph 1 and subject to the second paragraph of the ministerial arrangement, in accordance with the rules of the construction and franchise of that law.
Within five years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice.
1 The General Widows ' Law and Road Act is repealed.
2 The General Widows ' Law and Road Law and the provisions based thereon shall continue to apply to the rights, obligations and powers over the periods prior to the date of entry into force of this Law, to the extent that it is not otherwise provided for in this Act Determined.
After the entry into force of this Act, the ministerial arrangement is based on Article 4 of the General Widows and Road Act. Article 8 of this law.
This Law shall enter into force on a date to be determined by or pursuant to Royal Decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: General Survivors Act.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at Gravenhage, 21 December 1995
Beatrix
The Secretary of State for Social Affairs and Employment,
R. L. O. Linschoten
Published on the 28th of December 1995The Minister of Justice,
W. Sorgdrager
