Key Benefits:
Law of 6 November 1986 providing for the provision of supplements to the relevant social minimum benefit claimants under the Unemployment Act, the Law of the Law of the Law of the General Incapacity for Work, the Law on Inemployment and Inemployment the Law on incapacity for work in the military
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 regulate the provision of surcharges to the relevant social minimum for persons entitled to benefit on the basis of the Disease law , the Unemployment law , the General Incapacity Act, the Incapacity for work insurance and the Law on incapacity for work in the military ;
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:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Employee Insurance Implementing Institute: The Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. Toeslagenfonds: the fund, referred to in Article 31 ;
d. Wage-granting allowance: a benefit under the compulsory insurance scheme based on the Unemployment law , the Disease law , the Law employment and income to work , the Incapacity for work insurance and the Law for incapacity for the self-employed , as well as a benefit or income provision on the basis of the Law on incapacity for work of young handicapped persons , on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care to the worker or the assimilated, intended in Article 3:6, first paragraph, of that law , the Law on incapacity for work in the military and the Income Provision of the older unemployed ;
e. "surcharge" means either a loan-allowance or a right to pay, which is to be paid in Article 629 of Book 7 of the Civil Code Whether the remuneration or the corresponding amount is to be found in the Article 76a of the Health Act , surcharge to be granted under this Act;
f. minimum wage:
1 °. for the person specified in Article 2, first paragraph , the minimum wage per month, intended to Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances (Stb. 1968, 657), divided by 21,75, and
2 °. for the person, intended in Article 2, second paragraph , the minimum wage per month for his age, intended to Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances in connection with Article 8, third paragraph, of that Act , divided by 21,75;
g. Follow-up dagloon: the follow-up dagloon, intended in Article 21b of the Incapacity Insurance Act ;
h. 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 .
2 For the purposes of this Act and the provisions based thereon, the following shall be treated in the same way as:
a. spouse: registered partner;
b. spouses: registered partners;
c. married: registered as a partner;
d. married: registered as a partner.
3 This Act and the following provisions shall be based on:
a. As married or as a spouse, the unmarried majority-year-old, who carries a common household with another unmarried adult, unless it concerns a relative of the first degree;
b. As unmarried, the person who lives permanently separated from the person with whom he is married shall be regarded as unmarried.
4 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.
5 A common household shall in any event be deemed to be present if the persons concerned have had 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 common household, referred to in the fourth paragraph.
6 In the case of general management measures, the registrations and during which period shall be taken into account for the purposes of the fifth paragraph.
7 In the case of a general measure of management, rules may be laid down in respect of what is meant by the demonstration to ensure another, as referred to in the fourth paragraph.
8 Under the first degree referred to in paragraph 3 (a), part (a) shall be understood to mean an adult child or a former foster child of the unmarried adult adult.
9 Under the former foster child as referred to in paragraph 8, the term 'foster child' means a foster child for whom the unmarried adult has 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 Right to surcharge has a married one, which:
a. entitlement to loanditional allowance; and
b. has an income per day which is less than € 70,68.
2 Except as provided for in paragraph 3, an extra-married person who has not reached the age of 21 years and an unmarried person who does not have his principal residence in the same dwelling with one or more adult persons and who has no residence in the same dwelling shall be entitled to an allowance:
a. entitlement to loanditional allowance; and
b. has an income per day which is lower than:
1 °. if he is 23 years of age or older: € 53,01;
2 °. if he is 22 years: € 41,91;
3 °. if he is 21 years: € 35,28;
4 °. if he is 20 years: € 29,49;
5 °. if he is 19 years: € 24,71
6 °. if he is 18 years: € 21,32.
3 No right to supplement has the unmarried person referred to in the second paragraph, who has not reached the age of 21 years and belongs to the household of his parents or foster parents.
4 As long as a married or unmarried person has no right to an unemployment benefit because he has been deprived of his freedom of law or because he disagrees with the enforcement of a custodial sentence or detention order, he has no right to to surcharge.
5 As long as a married or unmarried person has not reached the age of 18, he does not have a right to an extra charge.
6 No entitlement to supplement has the married or unmarried persons who are entitled to the retirement age of the person concerned. Article 7a, first paragraph, of the General old-age law -It's reached.
7 Right to supplement has an unmarried one who with one or more adult persons has in the same dwelling his main residence and who:
a. entitlement to loanditional allowance; and
b. has an income per day which is lower than:
1 °. if he is 23 years of age or older: € 34,24
2 °. if he is 22 years: € 27,40
3 °. if he is 21 years: € 22,90.
8 The seventh paragraph shall not apply to unmarried persons who have not reached the age of 21 years.
9 To the persons referred to in paragraph 7, the following shall not be counted:
a. the person who has not reached the age of 21 years,
b. the person, other than a blood-or relative to the first or second degree of the payment entitled, who, on the basis of a written agreement with the recipient, agreed on a commercial price, as a landlord, Tenant, sub-landlord, sub-tenant, valuer or cost-goer in the same dwelling as the principal residence has,
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 residence if the principal has his main residence, provided that he has an agreement with the same person as with whom the recipient has a written agreement, having agreed a commercial price, as a tenant, sub-tenant or 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 at the rate of 1 ° and 2 ° he is less than 30 years of age at any time during such education or in the month of commencement of the has reached the age of 30 years.
10 At the request of the Implementing Institute workers ' insurance, the recipient shall transfer the written agreement referred to in subparagraph (b) or (c) of paragraph (c) and show the commercial price payment by the agreement. to provide proof of payment.
From 1990 onwards, a married spouse was not entitled to an allowance after 31 December 1971, unless his household has a child, child or foster child of his own, less than 12 years of age.
No entitlement to surcharge has the person who enjoys unpaid leave as intended Article 1 (g) of the Unemployment Act whether married to that person, to the amount of the loss of income from employment as a result of the enjoyment of that leave.
1 No right to surcharge has the person, meant in Article 2 , during the period that he does not live in the Netherlands.
2 The person, intended to Article 2 Where he is not entitled to an allowance under the first paragraph, he shall be entitled, as from the day of his residence in the Netherlands, to an allowance if he fulfils the conditions laid down in Article 2, first, second or sixth paragraph.
No entitlement to surcharge has the person providing income support as intended Article 2:43 of the Wet incapacity for the young handicapped is receiving.
(1) Where the amount of the payment is partly refused on the basis of any action or omission by the person concerned that he can reasonably be accused, or the right to pay, of the kind used in the worker's Article 629 of Book 7 of the Civil Code Whether the remuneration or the corresponding amount is to be found in the Article 76a of the Health Act , partially missing or payment of such payment has been suspended by application of the third or sixth member of Article 629 , the first to third member of Article 76b of the Health Act or Article 76c of the Health Act -for the purposes of applying this law and the provisions based thereon, the loanditional allowance shall be taken into account as if such refusal has not taken place and the remuneration, remuneration or equivalent of such non-payment as if the members of the article are not have been applied.
2 No entitlement to an allowance is not a right to pay, if the wage, salary, salary, salary or equivalent of the person referred to in paragraph 1 is not paid out on the basis of any action or omission by the person concerned that he may reasonably have shall be known.
3 If, in the course of overlapping benefits, one or more of the payment of the benefits is partly refused or not to be paid, on the basis of any action or omission by the person concerned that he can reasonably be accused of being subject to payment of the payment, the income shall be taken into account for the purposes of this Act and the provisions based thereon as if such refusal had not taken place, as if that payment had been made.
4 If the benefit is paid on the basis of the Unemployment law has been reduced because, in a calendar week, the person is less available for employment than his average working hours per calendar week, and an income as defined in the calendar week is less than the average number of hours worked. Article 1b, fifth paragraph, of the Unemployment Act , calculated, the benefit is taken into account for the purposes of this Act and the provisions based thereon under the Unemployment Act as if the reduction had not taken place.
5 If the benefit is given on the basis of Article 47b of the Unemployment Act shall be taken into account for the purposes of this Law and the provisions based thereon, as if the reduction has not taken place.
1 The following shall be considered as income:
a. for a married person: the sum of the income from work or other income from himself and from his spouse;
b. For an unmarried one: his income from 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 By way of derogation from Article 6 shall be excluded from employment for a maximum of two years of income:
a. An amount equal to 5% of the minimum wage; and
b. If and to the extent that the income from labour exceeds the amount referred to in subparagraph (a), 30% of that income.
2 The non-eligible income referred to in the first paragraph shall not exceed 15% of the minimum wage.
3 For the purpose of determining the period referred to in the first paragraph, a period for which payment is made on the basis of the Disease law has been received, not being taken into account.
4 The limitation to a period of two years as referred to in paragraph 1 shall not apply in respect of the person entitled to a benefit on the basis of the provisions of the Unemployment law arose after the age of 57,5 years of unemployment.
1 For the person referred to in Article 2, first paragraph , the surcharge is equal to the difference between € 70,68 and the income per day.
2 For the person, intended in Article 2, second paragraph , the supplement shall be equal to the difference between the amount referred to in Article 2 (b), as referred to in Article 2 (b), at the age of that person, and the income per day.
3 For the person, intended in Article 2 (6) , the supplement shall be equal to the difference between the amount referred to in Article 2 (6) (b), the amount of the age of that person, and the income per day.
1 The surcharge shall not exceed the difference between the daily wage, follow-up wage or the base to which the payment of the payment is calculated, and the loanditional allowance, for:
a. the person specified in Article 2, first paragraph , if the daily wage, follow-up daily or the base to which the lobe is calculated, is lower than the minimum wage;
b. the person specified in Article 2, second paragraph If the dagloon, follow-up daily or the base to which the lounder-payment is calculated, is less than 70% of the minimum wage;
c. the person specified in Article 2 (6) If the dagloon, follow-up daily or the base to which the lounder-payment is calculated, is less than 50% of the minimum wage.
2 For the purposes of the first paragraph, the holiday allowance shall not be taken into account in the dagloon, the followup daily or the base to which the loanditional allowance is calculated.
3 In the case of a general measure of management, it may be established that, for the purposes of the first paragraph, income other than the loanditional allowance shall be treated in the same way as the income on the daily basis, the followup wage or the base to which the lounder-payment is based. to be calculated, to be deducted from the lobe-to-payment.
4 For the purposes of this Article, the term 'A' shall also be defined as: Article 10, first paragraph, of the Income Provision Act older unemployed , divided by 21,75.
1 The in Articles 2 , 8 and 44f the amounts referred to above shall be changed in accordance with the procedure and from the date on which the amounts referred to in Chapter 3 of the Act of Participation , are changed. The amended amounts shall replace the amounts set out in Articles 2, 8 and 44f.
2 The amended amounts referred to in paragraph 1 and the date on which the amendments go into effect shall be published by or on behalf of Our Minister in the Official Journal.
1 The person entitled to an allowance is also entitled to a holiday allowance of 8% of that supplement.
2 The first paragraph shall not apply where the daily payment of the payment of the lobe is not covered by a holiday allowance.
3 If the percentage of the holiday benefit referred to in Article 15, first paragraph, of the minimum wage law and minimum holiday allowances shall be amended, taking into account the percentage of the surcharge on which the period of the date of the change to which that amendment is to be taken is taken into account. The amended rate shall replace the percentage referred to in the first paragraph.
4. the provisions of or pursuant to Article 12 , 13 , 14 , 15, 4th Member , 18 , 20 , 21 , 22 , 23 , 23a , 25 , 27 and 29 shall be applied by analogy with regard to the holiday allowance.
1 The implementing institute workers ' insurances shall, on application, lay down the right to an extra charge. The application shall be submitted to the Employee Insurance Implementation Institute.
2 The granting and termination of a supplement to a payment of loanditional benefit is the Articles 3:40 and 3:45 of the General Law governing law Not applicable where:
a. It is reasonable to assume that there is no need for publication of the Decision; and
b. the applicability of such articles is also excluded for the purposes of granting and termination of the loandown payment to which the supplement is or was paid.
3 The supplement to an unemployment benefit is paid without the fact that the payment is fixed by decision, if the loanditional allowance to which the supplement is paid or was paid also is paid in that way and if it can reasonably be assumed that There is no need for a decision.
4 A supplement referred to in paragraph 3 shall be terminated without having been adopted by decision, if it may reasonably be assumed that there is no need for a decision. If the party concerned requests a decision within a reasonable period of time, it shall be communicated as soon as possible.
5 A revision of the surcharge as a result of a change in the Articles 2 and 8 Amounts referred to in the Article 9 or, as a result of an indexation of the dagloon or the basis on which the lodification payment was calculated taking place without the adoption of the decision.
6 The holiday benefit is paid without having been adopted by decision.
7 The right to supplement may not be fixed for periods of one year preceding the day on which the application for an allowance was lodged. The Implementing Institute of Workers ' Insurance shall be empowered to derogate from the previous sentence in special cases.
1 Without prejudice to the amendment or withdrawal of a decision to grant a supplement or a charge for refusal of supplement to this Act, the Implementing Institute shall review such a decision or withdraw it. Those in:
a. if it is not or is not properly fulfilling a liability under Article 12 , 12a, first paragraph, introductory wording and part b , or 13 has led to an undue payment of an amount unduly or up to an excessive amount;
b. if otherwise the surcharge has been wrongly or to an overstated amount;
c. if not properly fulfilling an obligation on the basis of: Article 12 , 12a, first paragraph, introductory wording and part b , or 13 means that it is not possible to determine whether or not there is still a right to an additional charge.
2 If there are compelling reasons for it, the Implementing Institute may decide to waive or cancel all or part of the revision or withdrawal.
1 The person entitled to an allowance, his spouse, or his legal representative, as well as the institution to which Article 22 The payment shall be made to the Insurance Institution, at its request or without delay, to inform, on its own initiative, all the facts and circumstances which it must reasonably be clear to him that she or she shall be can affect the right to an extra charge, the amount of the surcharge, the right to supplement or the amount of the surcharge paid. This obligation shall not apply where such facts and circumstances can be established by the Implementing Institute for the insurance of workers ' insurances pursuant to data which are certified as authentic under the law or which may be obtained from the date of the adoption of the Ministerial Arrangements to designate administrations. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
2 At the request of the Implementing Institute Workers ' Insurance, the majority-year-old person who has a main residence in the same dwelling as the recipient shall, as a result of Article 2 (6) , if requested, all information and information relating to the assessment of the claim for an allowance may be of interest.
1 In addition to Article 12 the Implementing Institute shall require employees to demonstrate to the person who is entitled to a supplement or his legal representative that:
a. The person claiming an allowance is an unmarried one as intended Article 2, second paragraph, part a and part b, below 1 °, 2 ° or 3 ° ;
b. the actual living situation of the person claiming an allowance, of his spouse or of a child, is in accordance with the given address of himself, his spouse or of his child.
In order to enable him to do so, the Implementing Institute may offer to those applications workers ' assurances with the consent of the person claiming payment or his/her legal representative the residence of the person which are entitled to an extra charge.
2 If the person claiming a supplement or his legal representative does not show that the person claiming a supplement is an unmarried one as intended for the purpose of the supplement Article 2, second paragraph, part a and part b, below 1 °, 2 ° or 3 ° , the supplement is granted, respectively, revised to a height equal to the difference between half the amount, which is to be found in the Article 8, first paragraph And the income per day.
1 The person entitled to an allowance, his spouse, or his legal representative, as well as the institution to which Article 22 The payment shall be made, shall be subject to the provisions of the Article 30 , to follow and otherwise to provide employee insurance to the Implementing Institute, on request, the cooperation that is reasonably necessary for the implementation of this Act.
2 The person entitled to supplement or his spouse shall abstain from very serious misconduct in respect of the persons and bodies responsible for the implementation of this Law while carrying out their duties.
1 The Implementing Institute workers ' insurance shall refuse the supplement temporarily or permanently, in whole or in part, from the person who is entitled to a supplement, his spouse or his legal person, in respect of the non-compliance or non-payment of the supplement to the payment of the supplement. Representative of an obligation as referred to in Article 13 or Article 55, second paragraph, of the Act implementing organisation of work and income Or to comply with the deadline set by the Implementing Institute for the insurance of workers by the said persons of an obligation to do so; Article 12 .
2 A measure referred to in paragraph 1 shall be tailored to the seriousness of the conduct and to the extent to which the person concerned may 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 Employee Insurance Implementing Institute may waive the imposition of a measure as referred to in the first paragraph and suffice to give a written warning in respect of the failure or failure to comply in time with an obligation as intended in Article 12 If this has not resulted in an undue payment of an amount unduly or unduly, unless it is not fulfilled in time of the obligation to take place within a period of two years from the date on which the person concerned was previously is entitled to an allowance, his spouse or his legal representative has been given such a warning.
4 The Workers ' Insurance Implementing Institute 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 14a 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 Implementing Institute shall impose an administrative penalty of up to the amount of the penalty for failure or failure to comply properly by the person claiming a supplement, his spouse, or his legal person. Representative of the obligation, referred to in Article 12 . 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 12 , erroneously or up to an overpayment has been received.
3 If it is not or is not properly fulfilled by the person claiming a surcharge, his spouse, or his legal representative of the obligation, is intended to be Article 12 , the Implementing Institute shall impose on workers ' insurances an administrative fine of up to the amount of the second category as referred to in Article 4 (2). Article 23 (4) of the Code of Criminal Law .
4 The Implementing Institute employees ' insurance may waive the imposition of administrative penalty as referred to in the third paragraph and suffice to give a written warning for failure to comply or not properly. obligation, for the purpose of Article 12 , unless the fulfilment of the obligation not properly or not properly takes place within a period of two years from the date on which he or his spouse, or his legal representative, has previously been granted a supplement to the supplement. Such warning shall be given.
5 The Employee Insurance Implementing Institute imposes an administrative penalty for failure or failure to comply properly by the person claiming a surcharge, his spouse, or his legal representative of the obligation, intended in Article 12 , as a result of which an amount unduly charged or up to an excess amount has been received, up to a maximum of 150% of the amount of bene if, within a period of five years prior to the date of the offence, an earlier payment was made An administrative fine or a criminal penalty has been imposed on the basis of a previous infringement, consisting of the same conduct, which has become final.
(6) Under the same practice as referred to in paragraph 5, the meaning of the obligation, which is not properly fulfilled, is to be understood as meaning that the obligation to Articles 12 of this law, 25 of the Unemployment Act , 70, first and second members of the Law on incapacity for the self-employed , 12, first paragraph, of the Income Provision Act older unemployed , 80 of the Disability Insurance Act (Wet op de Disability) , 2:7, 1st Member , or 3:74 of the Law on incapacity for work young handicapped , 27, First paragraph, of the Wet Work and Income to Labor Equity , 31, 1st Member , or 49 of the Health Act , as a result of which an excessive amount of benefit, income provision, sickness benefit, or supplement has been granted.
7 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 person entitled to a supplement, his spouse, or his legal representative, shall be has been punished with an unconditional prison sentence.
8 The Employee Insurance Implementation Institute 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.
9 The person to whom an administrative penalty has been pened shall be required to supply workers ' insurances to the Implementing Institute, on request, with the information which is important for the enforcement of the administrative penalty.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the court of appeal or appeal may also alter the amount on which the administrative fine was determined to the detriment of the person who claims a supplement, his spouse or his legal representative.
1 The Implementing Institute of Workers ' Insurance has the administrative penalty with a surcharge under this Act, a benefit based on the Unemployment law , the Disease law , the Law employment and income to work , the Incapacity for work insurance , the Law for incapacity for the self-employed , the Law on incapacity for work of young handicapped persons , the Law on incapacity for work in the military , the Income Provision of the older unemployed or the Law Labour and Care The person to whom the administrative fine has been imposed.
2 Without prejudice to paragraph 1, the Implementing Institute may charge the administrative fine with a claim against the person to whom the administrative penalty has been imposed on him.
3 The Social Insurance Bank shall pay the municipality the amount of the administrative fine, without the need for an authorisation, at its request to the Implementing Institute workers ' insurances if the person to whom a administrative penalty has been imposed on the benefit of a benefit on the basis of the General Old-age Law , the General Survivors Act , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The Board of Directors for Child Protection shall apply equally to the Employee Insurance Implementation Board. If the Implementing Institute makes use of that power, 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 person who claims a supplement, his spouse or his legal representative is his obligation, Article 14a, ninth paragraph , not properly, or not properly,
a. is the Employee Insurance Implementation Institute by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law competent to charge the administrative fine to the extent that the creditor would be seized upon the claim;
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 14g, first paragraph , the administrative penalty is to be charged in Article 14a, fifth paragraph , by the Employee Insurance Implementing Institute, 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 14g, first paragraph And the first paragraph shall apply mutatis mutandis to the payment of the administrative penalty for the same conduct as referred to in Article 1 (2). Article 14a, sixth 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 Implementing Institute shall not, at the request of the offender, decide to apply the first paragraph and second paragraph, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be necessary.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 14g, 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 is granted, a portion of the surcharge under ministerial arrangement under this law shall be established on the settlement. request released in connection with care expenses, housing costs and the cost of children. The free portion of the surcharge 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 Employee Insurance Implementing Institute shall pay the surcharge to which this Law is entitled.
2 The provisions governing the loandown payment relating to the payment of the premium and of the collection and recovery of the premium, as listed in the Social insurance financing law , shall apply mutatis mutandis to the supplement granted to the payment of loanditional allowance.
3 The payment of the supplement shall be made, as far as possible, in the same instalments as the payment of the payment of the payment of the payment of the payment of the payment of the payment.
4 As far as possible, the supplement is paid together with the loandown allowance in one amount or the supplement is paid to the employer with the application of Article 10, third paragraph, of the Disability Insurance Act (Wet op de Disability) , Article 11, third paragraph, of the Health Act or Article 11, second paragraph, of the Unemployment Act .
5 Without prejudice to the first up to and including the fourth paragraph, payment shall be made:
a. Within six weeks of the submission of the application, if Article 11, third paragraph , applicable;
(b) at the next payment of the supplement after the change in the minimum wage has taken place, or at the same time as the next change in the loan-payment Article 11, fifth paragraph , applicable;
c. at the same time as payment of the holiday benefit to the loanditional allowance if: Article 11, sixth paragraph , applicable.
6 The Workers ' Insurance Implementing Institute shall suspend payment of the surcharge or suspend payment if, on the basis of clear evidence, it is of the opinion whether it has reasonable grounds for suspecting that:
a. The entitlement to the surcharge does not exist or no longer exists;
b. Right to a lower surcharge exists; or
c. the person who is entitled to an allowance, his spouse or the person to whom or the institution to which Article 22 payment is paid, an obligation as referred to in the Article 12 , 12a or 13 has not been complied with.
The Implementing Institute shall suspend payment of the surcharge if the person to whom a supplement is granted is a foreigner as intended for the purpose of the payment of a fee. Aliens Act 2000 is not lawfully resident in the Netherlands as intended in Article 8 of that Act .
1 The Implementing Institute shall suspend payment of the supplement to payment of the supplement if it is established that the address of his/her spouse or of a child, provided by the recipient, deviates from the address under which the person concerned is in the course of the payment of the worker's pension. Basic registration persons is registered.
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 beneficiary of the derogation cannot reasonably be removed from the derogation.
3 The Implementing Institute shall make written notification of the suspension to the recipient in writing.
4 The suspension shall be terminated as soon as it has become apparent to the Implementing Institute for Workers ' Insurance that the derogation no longer exists.
1 Is an address in the Netherlands known by the claimant or recipient of a supplement to the Workers ' Insurance Implementing Institute, whereas in the basic registration persons are automatically admitted to have left for an unknown country of the Implementing Institute shall request employee insurance to allow him to reverse the different registration in the basic registration persons within a reasonable period of time.
2 When, at the end of that period, the different registration has not been terminated or if the basic registration does not show that the college of the mayor and the mayor of the municipality concerned is to examine the information relating to the address in question The Implementing Institute shall suspend the payment of the supplement to the person, to whom the supplement has been granted, the payment of the supplement.
3 The suspension shall be terminated as soon as it has been established that the person referred to in the second paragraph is resident or staying abroad or that an address in the Netherlands has been included in the basic registration.
4 If the examination of the College of Mayor and of the Mayor has been completed and the person referred to in paragraph 2, in the basic registration of persons, remains of its own motion with information on the departure from the Netherlands, it shall be reduced Implementing institute worker insurance is the payment of the supplement to stay abroad, or an address in the Netherlands is included in the basic registration persons.
Our Secretary of State can lay down rules regarding the overlapping of surcharges.
In so far as is not otherwise provided by or under this Act, an advance on a surcharge not yet established shall be considered as a supplement under this law.
The surcharge that has not been received or has been recovered within three months from the day of payment of payment is no longer paid.
The Implementing Institute shall have jurisdiction in special cases for the benefit of the recipient to derogate from the the first sentence said three months.
1 The Employee Insurance Implementing Institute shall pay the holiday benefit, if not previously paid, annually during the month of May on the month preceding that month.
2 The Employee Insurance Implementing Institute pays the holiday benefit, for as much as possible, together with the holiday benefit on the loanditional allowance in a single amount.
3 If there is no longer entitlement to unemployment benefit, the holiday allowance which is not yet paid shall be paid in one amount for as much as possible together with the holiday benefit on the payment of the loan-to-use allowance.
1 The surcharge as a result of a decision as intended Article 11a or 14 has been paid unduly, and otherwise unduly paid, the Implementing Institute shall recover employee insurance.
2 By way of derogation from paragraph 1, the Implementing Institute may decide to waive recovery or further recovery, where the person from whom shall be recovered:
(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 12 .
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 of the goods 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 12 .
5 If there are compelling reasons for this, the Implementation Institute may decide to waive recovery of all or part of the recovery.
6 The person from whom recovery is to be recovered shall provide, upon request, the information to be supplied to the Insurance Institution for the purpose of recovery of the information necessary for the recovery of the goods.
7 By way of derogation from paragraph 1, the Implementing Institute may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered is a matter to be determined by Our Minister. amount not exceeding.
1 The Employee Insurance Implementing Institute may be the unduly paid supplement, referred to in Article 20, first paragraph ...........
2 Article 14g 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 It has not been exceeded, the Implementing Institute for Workers ' Insurance to reduce the amount of redemption.
1 By ministerial arrangement, in respect of Article 20, second and third paragraphs The rules shall be detailed.
2 Under ministerial arrangements, rules may be laid down as regards the manner in which the decision is to be implemented, which has been determined to pay unowed.
1 By way of derogation from Article 20, first paragraph , the Implementing Institute may, at the request of the person making entitlement to the supplement, his spouse or his legal representative, as well as the institution to which, Article 22 payment shall be paid, partial recovery decisions or part of the recovery of the payment shall be made in the case of the cooperation of a debt scheme, where:
a. It is reasonable to foresee that the person entitled to the supplement, his spouse or his legal representative, as well as the institution to which Article 22 payment is made, will not be able to 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 arrangement has been established through the intervention of a debt aid worker as referred to in the Staff Regulations, in the opinion of the Implementing Institute for the purpose of establishing the 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 is made by failure to comply with the supplement, his or her spouse or his legal representative, and the institution to which Article 22 payment is made, of the obligation, of the obligation to Article 12 , and for this a fine as intended in Article 14a 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 is withdrawn or to the detriment of the person claiming the supplement, his spouse or his legal representative, as well as the institution to which they Article 22 payment is made, the person from whom it is to be recovered shall be amended 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 person who claims the supplement, his spouse or his legal representative, as well as the institution to which Article 22 payment is made, the debt to the Implementing Institute workers ' insurances is not in accordance with the system of payment of the debt; 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 from the Employee Insurance Implementing Institute as referred to in Article 20 and 21 is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
If the Implementing Institute pays, in full or in part, employee insurance policies under a legal provision, instead of paying the recipient without its authorisation to the Netherlands Zorginstitute without its authorisation, Mentioned in Article 58, first paragraph, of the Zorginsurance Act The Implementing Institute shall also pay the supplement to such council, establishment or council a provision for the provision of costs for the care of the mentally ill or of the mentally retarded or of a municipality which pays the costs of recording in such a facility. Municipality.
1 After the death of the recipient, the supplement is paid in the form of an death allowance from the day following the death:
a. to the long-living of the spouses;
b. in the absence of the person referred to in subparagraph (a), to the minor children to whom the deceased person was in the family-related relationship;
(c) in the absence of persons referred to in parts (a) and (b), to the person with whom the deceased person lived in the family.
2 The amount of the death allowance shall be equal to the amount of the supplement for one month but not on Saturdays and Sundays, calculated according to the amount of the supplement on the day or last for the day of death of the recipient.
3 The death allowance shall be paid out by the Implementing Institution, of its own motion or upon request to the rightholder or entitled persons referred to in paragraph 1 by the Implementing Institution.
4 The death allowance is paid in a lump sum.
5 The amount of the death allowance is reduced by the amount of the supplement which, after the death days, has already been paid.
6 The death allowance is not subject to seizure.
Following the death of the spouse of a recipient, the recipient shall be regarded as married for the purposes of this Law and the provisions which it provides for up to one month from the date of death of the spouse.
1 The surcharge is inalienable and not susceptible to forage or connexation.
2 An authorisation to receive the supplement, whatever form or name is given, shall always be revocable.
3 Each clause, contrary to the first or second paragraph, shall be null and void.
The funds to cover expenditure from the Toeslagenfonds are provided by the State, as well as the application of the Fund. Article 14a obtained administrative fines.
1 The supplements to be paid under this Act and the costs associated with the implementation of this Law shall be borne by the Toeslagenfonds.
2 The Employee Insurance Implementing Institute may lay down rules relating to the first member.
1 In the implementation of this Law, the Implementing Institute shall provide for employee insurance.
2 The right to an allowance under this law exists in relation to the implementing institute workers ' insurances.
The Implementing Institute shall be responsible for determining the control requirements. These rules may not go beyond what is strictly necessary for the proper implementation of this Law.
The Implementing Institute shall manage and administer, separately, the funds to cover the expenditure referred to in Article 27, first paragraph, in the form of a Toespan Fund, which is part of the Implementing Institute. workers ' insurance.
Article 120 of the Social Insurance Financing Act shall apply mutatis mutandis.
1 If the application for a supplement together with an application for payment of the payment is made, the decision on the supplement shall be given within the period prescribed for the provision of a lobe-payment order.
2 If a decision referred to in paragraph 1 cannot be given within the time limit applicable, it shall be notified in writing to the applicant and shall give effect to the shortest possible period within which the decision may be addressed. can be seen.
1 Without prejudice Article 36 The decisions taken pursuant to this law 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 or fourth paragraph.
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.
1 By way of derogation from Article 7:10, 1st paragraph, of General Law governing law the Implementing Institute shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
2 If the objection referred to in paragraph 1 is related to an objection to a decision on which a medical or occupational assessment is based, the second paragraph of Article 79 of the General Incapacity for Incapacity For Incapacity For Work, Article 112 of the Act of Work and Income to Work , Article 96, second paragraph, of the Law on incapacity for the self-employed , Article 6 (3), second paragraph, of the Law on incapacity for work of young people with disabilities , 87d of the Disability Insurance Act (Wet op de Disability Insurance) and XXVIIa, second member, of the Law reducing occupational incapacity scheme applicable mutatis mutandis.
1 Against judgments of the Centrale Raad van Beroep, each of the parties may appeal in cassation in respect of a breach or incorrect application of the Article 1 (3) to (7) , and the provisions that were based on it.
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.
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 Article 40 criminal offences are offences.
To the person who was present on the day prior to the entry into force of Article 1.10, Section C, of the Act of Inlining and Financing Law Work and Income to Labor would have been entitled to a surcharge under this Law unless the entitlement to the benefit ends, Article 8 (4) As it applies on that date, it applies to a ministerial settlement date which can be determined differently for different groups of persons.
1 The Articles 24 , 48 and 64a of the Act on the Revision of the Social Security System and the corresponding provisions such as those in place on 31 December 2007 shall continue to apply until 1 March 2008 to the person who:
a. on 31 December 2007, he was entitled to an increase in his benefit on the basis of the Articles 24 , 48 or 64a of the Act on the Revision of the Social Security System , and
b. on 1 January 2008, there is no entitlement to a surcharge.
2 Article 64a of the Import Law on social security and this law and the op that Article and this law rested provisions such as those in place on 31 December 2007, remaining applicable until the day on which the right to sickness benefit has ended, but no later than 1 March 2008 on the person who:
a. on 31 December 2007, he was entitled to an increase in his benefit on the basis of Article 64a of the Act on the Revision of the Social Security System ;
b. on 31 December 2007 had no rights to a surcharge; and
c. on 1 January 2008 would be entitled to a surcharge.
1 For the purposes of this Article, the following definitions shall apply: Regulation (EC) No 1016/EC: Regulation (EEC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Regulation (EEC) No 1447/2005 (EEC) No 1408/71 of the Council on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, and Regulation (EEC) No 1408/71 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 574/72 1408/71 (PbEU (L 117).
2 To the person specified in Article 2, first or second paragraph , who:
(a) on the day before the entry into force of the Regulation is entitled to an additional charge pursuant to Article 10 (1) of Regulation (EEC) No 1408/71; (EEC) No 1408/71 of the Council of the European Communities of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the community (PbEG L 149); and
b. does not reside in the Netherlands but may be resident in another Member State of the European Union, in a country affiliated to the European Economic Area or in Switzerland, by way of derogation from Article 4a :
1 °. from the date of entry into force of the Regulation to one year after the date of entry into force of the law in which this Article has been inserted in this Act the amount to which entitlement would exist if the person concerned would be in the Netherlands living;
2 °. during the second year after the date of entry into force of the Act whereby this Article has been inserted in this Act two thirds of the amount to which entitlement would exist if the person concerned would reside in the Netherlands; and
3 °. during the third year after the date of entry into force of the Act whereby this Article has been inserted in this Act, a third of the amount to which entitlement would exist would be paid if the person concerned would reside in the Netherlands.
Article 1, eighth and ninth paragraphs , does not apply if, as a result of the entry into force of such article members, Article 2 There is a surcharge because the single pensioner has been designated as a married child or a majority of former foster child for as long as this right is subject to a supplement, except in the case of a joint household with a majority-aged spouse or a majority. the application of the abovementioned article members leads to a higher level of charge.
1 To the person on whom Article 4a the termination of a Convention, the termination of the provisional application of a Convention or the termination of a similar situation shall apply as long as that person continues to reside in the same country as where, on the day before entry into force, he resided as a result of that cancellation on the day before the termination and continues to comply with the other conditions for the right to supplement, by way of derogation from Article 4a:
1 °. from the date of such termination or termination up to one year after the date of such termination, the amount to which entitlement would exist if the person concerned would reside in the Netherlands;
2 °. for the second year following the date of such termination or termination, two thirds of the amount to which entitlement would exist if the person concerned would reside in the Netherlands; and
3 °. during the third year following the date of such termination, or of termination, one third of the amount to which entitlement would exist if the person concerned would reside in the Netherlands.
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 Article 5, fourth paragraph As it was stated on 30 June 2015, it shall continue to apply to benefits under the Unemployment law of which the first unemployment day is located before 1 July 2015.
2 The first paragraph shall not apply to a benefit under the Unemployment law , which is based on Article 130z, second paragraph , or Article 130aa, first paragraph, of the Unemployment Act was converted.
1 By way of derogation from Article 8, third paragraph , is for the person, intended in Article 2 (6) , the surcharge so determined so that it is equal to the difference between
a. from 1 July 2016 until 31 December 2016
1 °. if he is 23 years of age or older: € 48,30
2 °. if he is 22 years: € 38,32
3 °. if he is 21 years: € 32,12
and income per day.
b. in 2017
1 °. if he is 23 years of age or older: € 43,59
2 °. if he is 22 years: € 34,66
3 °. if he is 21 years: € 28,89
and income per day.
c. in 2018
1 °. if he is 23 years of age or older: € 38,95
2 °. if he is 22 years: € 30,99
3 °. if he is 21 years: € 25,73
and income per day.
2 The first paragraph, part a, shall expire with effect from 1 January 2017.
3 The first paragraph, part b, shall expire with effect from 1 January 2018.
4 In Article 9 will be " the Articles 2 , 8 and 44f ' with effect from 1 January 2019, shall be replaced by the following: Articles 2 and 8.
5 This Article shall expire with effect from 1 January 2019.
By way of derogation from Article 8a, first paragraph, part c , shall be for the person specified in Article 2 (6) , the surcharge does not exceed the difference between the daily wage, follow-up wage or the base to which the payment of the payment is calculated, and the loanditional allowance, if:
a. From 1 July 2016 to 31 December 2016, the daily daily, follow-up daily or the base to which the lounderage allowance is calculated is less than 65% of the minimum wage;
b. In 2017, the dagloon, follow-up daily, or the base to which the loanditional allowance is calculated is less than 60% of the minimum wage;
c. In 2018 the dagloon, follow-up daily or the base to which the loanditional allowance is calculated is lower than 55% of the minimum wage.
This law can be cited under the title "Toeslagenwet".
This Act shall enter into force on a time to be determined by law or by law.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and civil servants who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 6 November 1986
Beatrix
The Secretary of State for Social Affairs and Employment,
L. de Graaf
The Minister for Social Affairs and Employment,
J. the King
Issued on the 18th of November 1986The Minister of Justice,
F. Korthals Altes
