Act of 18 May 1988 laying down detailed rules for the grant of a benefit and rethinking
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:
Having regard to the joint declaration on consultations between a delegation from the Cabinet and the Badan Press Office on 28 November 1985 and 21 April 1986, we considered that it would be appropriate to lay down the rules for the implementation of the agreement between the two parties concerned. regard to the grant of a benefit and to a rethinking scheme;
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 In this Act the following definitions shall apply:
a. Our Minister: Our Minister of Internal Affairs;
b. the register: the register of persons transferred to the Netherlands by the care of the Netherlands Government in 1951 or 1952, which was established on the basis of the February 1952 survey provided for in the Report of the Netherlands; Commission, set up by the decision of the Minister for Social Work of 24 September 1957, No U 2598 Cabinet;
c. The benefit beneficiary:
1. the person appearing in the register, on 1 January 1986, in any person register as referred to in Article 27 (1) of the Decision on Population Accounts ( Stb. 1967, 442) was registered and was alive on 1 January 1986, and not as a child, a solemn or adoptive child, had come to the Netherlands;
2. the person who was entered on 1 January 1986 in any person register as referred to in Article 27 (1) of the Decision on Population Accounts was alive on 1 January 1986 and has been shown to be by the person applying for the benefit that the person concerned:
-belonged to the group of persons who, through the care of the Netherlands Government, were transferred to the Netherlands in connection with the Netherlands in 1951 or 1952, either on their own grounds or as a spouse or a spouse of another beneficiary, and
-subsequently fell under the care of the Commissariat, Mr President of the Office of the United States of America;
3 ° the person who, on 1 January 1986, in the single person register referred to in Article 27 (1) of the Decision of the Population Accounts ( Stb. 1967, 442) was registered and was alive on 1 January 1986, and that
-immediately before 27 December 1949, Dutch national non-Dutchman was under the Law of the Netherlands Education Act (Law of 10 February 1910, Stb. No 55), and after being transferred to the Netherlands in 1951 or 1952 by naturalisation Nederlander, and
-according to the opinion of our Minister, the group of persons who, in 1951 or 1952, were transferred to the Netherlands by the care of the Netherlands Government in connection with their service to the Royal Navy,
(i) the widow or widower: the person who, on 1 January 1986, was registered in the single person register provided for in Article 27 (1) of the Decision on Population Accounts and who was married to a person who died before 1 January 1976 until the date of death; benefit of the right of benefit or of a person who, if he had been alive on 1 January 1986, would have been entitled to benefit from the right to benefit;
(e) the heirs: the heirs jointly, respectively, the heir to the pensioner who died before 1 January 1989;
f. the benefit year: the calendar year to which the benefit relates;
g. the benefit: the annual benefit, for the purpose of Article 4 .
2 Our Minister may notice as a benefit-entitled a person:
-which, in his opinion, belongs to the group of persons who, by the care of the Netherlands Government, have been transferred to the Netherlands by virtue of the responsibility of the Netherlands Government in 1951 or 1952, either on their own grounds or as the husband or wife of another benefit of the benefit of the benefit, and
-which has not been taken under the care of the Commissariat, but subject to the other conditions of the first paragraph, c, secondly, complies with, and
-from whom the person applying for payment is shown to have taken on his own movement on the basis of the care of the Commissariat in the Netherlands immediately upon arrival in the Netherlands.
1 Right to benefit have:
a. The benefit beneficiary;
b. The widow or widower.
2 Two rightholders married on 1 January of the year in question only entitled to a single benefit, which is to be awarded to them jointly, each half.
3 The widow or widower, without prejudice to the second paragraph, shall be entitled to a single benefit only.
1 The entitlement to the benefit of the rightholders referred to in Article 2, first paragraph , as from the year following the year of death of the holder in question, shall be deleted.
2 If the person who is not married or the married person who does not comply with a widow or widower has died before 1 January 1989, the heirs shall enter into his or her place and shall continue to be entitled to benefits for the benefit of the heirs. until 31 December 1988.
3 If the persons married to each other have died before 1 January 1989, the heirs of the pensioner shall replace the person who is a long-standing beneficiary and the right to benefit from the benefits shall be paid for the benefit of the pensioner. If the person who married him has died before 1 January 1989, the surviving dependants shall enter the person who has been married. Heirs until 31 December 1988.
4 By way of derogation from the provisions of paragraph 3, if the holders of persons married to each other were entitled to benefit, the heirs of each of them shall enter the place of the longest-lived, with the benefit of half of them being is due to the heirs of the man and for half to the heirs of the woman.
1 The benefit of the sum of € 907.56 is on request, subject to the provisions laid down in this Act, granted by Our Minister to the rightholder, which is to be awarded by the Minister. Article 2 .
2 The grant shall remain in force for as long as the entitlement to the benefit continues, except that in the case of: Article 2, second paragraph , the granting of a grant is subject to change without requiring a new application.
3 By way of derogation from the second paragraph, the award shall end in the cases provided for in the second paragraph. Article 3, second, third and fourth paragraphs , at the end of the right to the benefit of the rightholder.
1 The application shall be submitted in writing and by 1 July at the latest of any year of benefit by or on behalf of the rightholder.
2 The application received after 1 July of any year of benefit shall be applied as an application in the year following the year in which the application was received.
3 Our Minister shall decide on the application before the end of the year of benefit in which the application is made.
1 The application may be submitted until 1 October 1991.
2 Not as an application, as referred to in paragraph 1, shall be considered as:
(a) an application from the widow or widower, to the extent that a benefit has been previously granted to the benefit beneficiary;
b. an application from the heirs, intended in Article 3, third or fourth member In so far as the application by the rightholder himself would not have been an initial application.
1 A commemorative order shall be issued to the holder or to the heirs in the place of the rightholder, to a request for commemorative rethinking.
2 The application for commemorations shall be submitted to our Minister at the same time as the application for payment.
3 No rethinking is given if no benefit is awarded.
4 By way of derogation from the provisions of paragraph 3, the heirs of a person who, if he had been alive on 1 January 1986, would have been entitled to benefit from a person who has not left a widow or widower who is a rightholder, shall be entitled to benefits from the right to the right of the person to whom he is entitled. an application to that effect shall be the subject of the rethinking process. The application may be submitted until 1 October 1991.
5 No Commemorations shall be awarded to:
(a) a widow or widower of a benefit holder who has already been awarded a token entry;
(b) the heirs of the holder of the holder who have already been awarded a token entry;
(c) the person who has not complied with the application or pursuant to this Act with regard to the lodging of the application.
6 The design of the commemorations will be determined by Our Minister.
Tax due on the benefit of the tax Income Tax Act 2001 and the premiums due under the General Old-age Law ( Stb. 1985, 181), General Survivors Act , the General Law Specific Health Costs ( Stb. 1967, 655) and the General Child by-entry law ( Stb. 1980, 1) will be charged to the Empire.
The benefit is not taken into account in the provision of assistance under the Participation Act and other benefits in kind, on the income of the rightholder as a result of the benefits.
As far as the benefit is concerned, Article 1461 of the Civil Code remains outside the scope of the application.
1 Our Minister may regulate the documents to be submitted when applying for the benefit or withdrawal, as well as the procedures for examining those applications, as well as in respect of the conditions and conditions of the payment of the benefit.
2 The rules shall be in the Dutch Official Gazette It is known
By way of derogation from the provisions of Article 5, first paragraph , the application for payment of the benefit from 1986 may be submitted by 1 December 1986 at the latest.
1 The Decision Of The Church Of Cane ( Stb. 1986, 523) shall be repealed with the understanding that decisions taken pursuant to this Decision shall be deemed to have been taken under this law.
2 The person who was not eligible for benefit under the Decision of the Rietkerk Act but is entitled to benefit under certain provisions of this Law may apply for the period 1986, 1987 and 1988 until the end of the period of 1 July 1988. A decision on an application pursuant to this Article shall be taken before 1 January 1989.
This Act shall enter into force from the second day following the date of issue of the State Sheet in which it is placed and operates back up to 1 January 1986.
This law can be cited as Law Rietchurch benefit.
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 in Gravenhage, 18 May 1988
The Minister of the Interior,
C. P. van DijkPublished the twenty-sixth of May 1988
The Minister of Justice,
F. Korthals Altes