Key Benefits:
Law of 24 April 1997, providing insurance against the pecuniary effects of long-term incapacity for work and a benefit scheme in respect of childbirth for the self-employed, professional and assisting spouses (Law of 24 April 1997). incapacity for the self-employed persons)
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 introduce a system of insurance against incapacity for work in connection with the repeal of the General Incapacity Act, and to arrange for a system to be adopted in order to ensure that the system of incapacity for work was not covered by the provisions of the Act. relating to a payment in connection with childbirth for persons employed as selfemployed persons, for professionals and for assisting spouses;
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: the 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. insured person: the person, intended to Article 3 ;
d. incapacity benefit: a disability benefit under this law;
e. conscription: a service for the purposes of the Incapacity for work insurance ;
f. profit from company: the taxable profits from the company, intended in Section 3.2.1 of the Income Tax Act 2001 , together with the entreprenial deduction, for the purpose of section 3.2.4 of that Act and SME profit exemption provided in section 3.2.5 of that Act ;
g. profit from Dutch company: the taxable profits of the Dutch company, as referred to in Section 7.2 of the Income Tax Act 2001 , together with the entreprenial deduction, for the purpose of section 3.2.4 of that Act and SME profit exemption provided in section 3.2.5 of that Act ;
h. Significant importance: significant as intended Chapter 4 of the Income Tax Act 2001 ;
i. income from present employment: the combined amount of:
1 °. the taxable wage of present employment, as referred to in Article 4 (1). Section 3.3 of the Income Tax Act 2001 ;
2 °. the taxable wage in respect of employment in the Netherlands, as referred to in Article 3 (2). Section 7.2 of the Income Tax Act 2001 ;
3 °. the taxable result from other activities, referred to in Section 3.4 of the Income Tax Act 2001 , except in so far as it is an activity as intended for use in the Articles 3.91, first paragraph, parts (a) and (b) , and 3.92 of the Income Tax Act 2001 , and
4 °. the taxable result from other activities in the Netherlands, referred to in Section 7.2 of the Income Tax Act 2001 , except in so far as it is an activity as intended for use in the Articles 3.91, first paragraph, parts (a) and (b) , and 3.92 of the Income Tax Act 2001 .
j. foreigner: what is meant by the Aliens Act 2000 ;
Justice has been deprived of his freedom: the right of law has been deprived of his freedom, subject to the cases provided for by the Law on special inclusions in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
L. Judicial establishment: a penitentiary establishment, a provision for the provision of equipment for the purpose of consulting, or a device as referred to in Article 3 (2) of the EC Treaty. Article 1 (b) of the PrincipLaw of the Judicial Youth ;
m. reintegration company: a natural or legal person who, in the context of the exercise of profession or business, promotes the enablement of persons in the labour market;
n. residual earning capacity: that which the person, who is entitled to a disability benefit under this Act can still earn with employment and which is at or under Article 2 has been established;
(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 .
2 The following shall be assimilated to the following provisions:
a. spouse: registered partner;
b. spouses: registered partners;
c. 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 Incapacitated for work, in whole or in part, is the person who, as a direct and objective medical practitioner, is unable, in whole or in part, to earn employment from illness, defects, pregnancy or childbirth, which is healthy persons, with similar training and experience, on the spot where he or she has performed or last performed, or in the vicinity thereof, usually earning with labour.
2 The insured person who, since the date of commencement of his or her insurance, is already partially incapable of work within the meaning of paragraph 1 shall be regarded as wholly or in part for the claims of his or her entitlement to that law. occupational incapacity, if, as a direct and objective medical person, he is unable, in whole or in part, to earn labour, which is similar to those in question, to earn employment, which is The same degree of incapacity for work within the meaning of the first member, on the spot where he/she is employed carried out, or in the vicinity thereof, generally earning with labour.
3 If the incapacity for work carried out at the start of the insurance has subsequently taken effect, within the meaning of the first paragraph, the second paragraph shall then apply mutatis mutandis, except that for the commencement of insurance in the the time at which the incapacity for work took place within the meaning of the first paragraph.
4 Under the work referred to in paragraphs 1 and 2, all generally accepted work shall be understood as capable of being capable of being capable of having the insured person with its powers and abilities.
5 In determining the degree of incapacity for work, no account shall be taken of whether the insured person can actually obtain the work.
6 In the application of this Article, no account shall be taken of, which shall be or may be received for work performed by means of social employment.
7 In the case of, or under general management, rules may be laid down for the first to sixth paragraphs and may be subject to different rules.
8 The nomination for a general measure of directors to be determined under the seventh paragraph, or the adoption of a ministerial arrangement based on such a general measure of governance, shall not be done after the draft in the State Official has been published and has been given the opportunity to inform Our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
9 In the case of, or under a general rule of administration, rules may be laid down for a derogation in order to determine the degree of incapacity for work in cases where entitlement to incapacity benefit is granted and a benefit to be paid on incapacity for work under a different statutory scheme for insurance against the pecunious effects of long-term incapacity for work.
10 In the assessment of incapacity for work, as provided for in this Law, the insurance physician shall use scientific knowledge as much as possible to support the assessment of incapacity for work.
1 Insured under this Act is the person who is prior to the entry into force of Article I, Section C, of the End Access Insurance Act WAZ has become unfit for work as a self-employed person, a professional or a working person:
a. during the period for which he is entitled to incapacity for work in respect of incapacity for work, but solely because the withdrawal period is intended to be used in accordance with the conditions of employment of the Article 7, second paragraph , applies to him, does not have a right to incapacity benefit;
b. for 4 weeks after the end of the waiting period specified in Article 7, second paragraph If he is unfit for work at the end of that waiting period, he is unfit for work, but within four weeks of the end of the withdrawal period,
During the period under which he is entitled to incapacity for work in relation to that incapacity for work;
d. during the period for which he is the subject of an allowance as referred to in Article 28 of the Law on the Integration of the Disabled Persons was awarded in connection with that incapacity for work;
e. during the four-week period referred to in Article 20, first paragraph , if that period has been started before the entry into force of Article I, Section C, of the End Access Insurance Act WAZ .
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 In the case of a general measure of management as referred to in paragraph 3, a derogation from the second paragraph may be waived for:
(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 3 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.
Self-employed person is the age of pensionable age, as defined in Article 7a, first paragraph, of the General old-age law , has not yet reached:
a. who lives in the Netherlands and enjoys that profit, unless it does not actually drive the company for its own account;
b. who does not live in the Netherlands and enjoys profits from the Netherlands, unless it does not actually drive the company for its own account.
1 The order referred to in Article 3.156 of the Income Tax Act 2001 , as that article reads directly prior to Article IX, 1st paragraph, of the Deregulation Act review labour relations the time period, in which the benefits which the taxable person may benefit from or will benefit from in a working relationship or in employment relationships involving the same type of work carried out under corresponding conditions, shall be used: be considered as a profit from an undertaking for the period covered by this Decision, as a result of which the taxable person, in respect of such employment relationships, is regarded as a self-employed person in accordance with the conditions laid down in this Article. Article 4 .
2 If the decision referred to in paragraph 1 is reviewed, it shall be without prejudice to the action referred to in paragraph 1 for the period covered by that decision.
A professional person is the person who is the pensionable age, intended to Article 7a, first paragraph, of the General old-age law , has not yet reached it, which:
a. otherwise than paid out in service income from present labour;
b. otherwise than in employment work performed for the benefit of a body in which it has a significant interest.
Co-working spouse is the person who is the retirement age, intended Article 7a, first paragraph, of the General old-age law , has not yet reached that other than in employment, as a self-employed person or as a professional person, working in the undertaking of his spouse.
1 Right to incapacity benefit has the insured person who becomes incapacitated if he has labour in business or working life in the 52 weeks immediately preceding the day on which the incapacity for work has occurred. shall be directed towards the acquisition of profits or revenues. The first day of incapacity for work is the first working day on which, due to illness, no work or work during working time has ceased. In the case of a ministerial arrangement, detailed rules may be laid down for determining the day of the first working day for special cases.
2 The right to incapacity benefit is not earlier than after 52 weeks of incapacity for work, and after the end of that period continues.
3 For the purpose of determining the 52-week period referred to in the second paragraph, periods of incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they immediately preceped and enter into line with a period of benefit in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause.
4 The right to incapacity benefit also has the insured person who, at the end of the 52-week period referred to in the second paragraph, is not incapable of work, but in respect of whom it is the case within four weeks of the end of the incapacity of that period.
5 For the purpose of determining the 52-week period referred to in paragraph 2, periods of time, during which the insured person would have been entitled to sickness benefit on the basis of the Disease law If he would have been insured under that law.
6 For the purposes of the first to fourth paragraphs, the insured person who is less than 25% incapacity for work and the insured person who receives a benefit as referred to in the third paragraph shall not be regarded as incapacity for work.
1 The insured person referred to in Article 7 , does not have the right to incapacity benefit if the day on which entitlement to incapacity benefit is due is situated in a period where he does not reside in the Netherlands.
2 The first paragraph shall not apply where the insured person is resident on that day in a country in which entitlement to incapacity benefit may exist under a Treaty or by a decision of an international organisation.
3 The person, who, under paragraph 1, has no right to incapacity benefit, has as of the day:
a. He resides in the Netherlands; or
(b) that he is resident in a country with which a treaty has entered into force or has become a force of international law, under which the right to incapacity for work may exist;
in compliance with the provisions of this Law, entitlement to incapacity benefit, if he is unfit for work on that date. Article 7, sixth paragraph , shall apply mutatis mutandis.
4 The person referred to in paragraph 3 who is not incapable of work on the day referred to in that paragraph, but in respect of whom it is the case within four weeks of that date, shall be entitled, in accordance with the provisions of that law, to grant of Incapacity benefit. Article 7, sixth paragraph , shall apply mutatis mutandis.
5 In the case of, or under a general measure of management, derogations may be made in respect of the first paragraph in favour of:
a. the insured person, who also carries out activities in the public interest and does not reside in the Netherlands;
b. The insured person living in Aruba, Curaçao, Sint Maarten or in the public entities Bonaire, Sint Eustatius and Saba; or
(c) the members of the family of the insured person referred to in parts a or b.
6 Our Minister shares in which countries can be entitled to incapacity benefit under a treaty or a decision by an international body of international law. 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 insured person referred to in Article 7 , does not have the right to incapacity benefit if the day on which entitlement to incapacity benefit is to enter or the day after the end of the application of the Article 7c in respect of that right to benefit, it is situated in a period which has been deprived of his freedom of law.
2 The person who, under the first paragraph, has no right to incapacity for work, shall be entitled to incapacity benefit from the day he is placed in freedom in accordance with the provisions of this Law, if he is to be entitled to incapacity for work. That day is incapacitated. Article 7, sixth paragraph , shall apply mutatis mutandis.
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 The person referred to in paragraph 2 who is not incapable of work on the date referred to in that paragraph, but in respect of whom this is the case within four weeks of that date, shall be entitled, in accordance with the provisions of that law, to grant of Incapacity benefit. Article 7, sixth paragraph , shall apply mutatis mutandis.
5 The first paragraph shall not apply, and the second and fourth members shall apply mutatis mutandis to categories of persons to whom enforcement of a custodial sentence or deprivation of liberty, to be awarded to a general measure of management measure outside a judicial establishment.
The insured person, intended to Article 7 , does not have the right to incapacity benefit if and for as long as he is on the day of entitlement to incapacity benefit and subsequently detracts from the execution of a custodial sentence or custodial sentence measure.
1 The incapacity benefit is calculated according to the basis.
2 For the insured person, referred to in Article 4 , is the basis:
a. in the financial year, immediately preceding the entry into service of his incapacity for work as a self-employed person on average per day of profit; or, if this leads to a higher amount;
b. in the five financial years immediately preceding the entry of his incapacity for work as an independent person, on an average per day of his profit.
3 For the insured person, referred to in Article 5 , is the basis:
a. in the calendar year immediately preceding the entry of his incapacity for work as a professional person, on average per day of income; or, if this leads to a higher sum,
b. having received an average daily income per day of his incapacity for work as a professional in the five calendar years immediately preceding the entry into force of his incapacity for work.
4 For the insured person, intended to Article 6 , the basis for which he can be regarded as having enjoyed, on average per day, income per day, situated in the periods specified in the second paragraph, on the basis of the labour costs delivered.
5 If the insured person is intended to Article 4 and 6 , also insured on the basis of Article 5 the basis shall be determined on the basis of an amount resulting from the aggregation of the average profit or income per day referred to in the second paragraph and the fourth member and the average income per day referred to in paragraph 3.
6 For persons on the basis of Article 3, third paragraph , are insured with or pursuant to general management measures, if necessary by derogation from the second to fourth paragraphs, to establish a basis.
7 The basic principle is minimum wage.
8 The minimum wage referred to in the seventh paragraph is the minimum wage per month, as defined by the Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances , divided by 21,75, or, in the case of a person under the age of 23, the minimum wage per month applicable for his age on the basis of Article 7, third paragraph , and Article 8 (3) of the said Act , divided by 21,75.
9 If the minimum wage is reviewed, the basis, as referred to in the second to sixth paragraph, shall be reviewed in proportion to the minimum wage.
10 A revision of the benefit resulting from a revision of the minimum wage base takes place without the adoption of a decision.
11 The Workers ' Insurance Implementing Institute shall pay the revised benefit, as referred to in the 10th paragraph, at the next payment of benefit after the minimum wage has been revised.
12 If the insured person is entitled to incapacity benefit from the same day he is entitled to receive incapacity benefit on the basis of the provisions of the Incapacity for work insurance the amount of the amount determined in accordance with the second to sixth paragraph, but not more than the amount to be allocated by our Minister in accordance with our Minister of Finance by ministerial arrangement, shall be reduced by a amount equal to the dagloon that is to the disability benefit on the basis of the Incapacity for work insurance The basic principle is.
13 Where the insured person is entitled to incapacity benefit in the event of incapacity for work, the insured person was also insured on the basis of Article 3 , 4 or 5 of the Disability Insurance Act (Wet op de Disability) , the amount of the amount fixed in accordance with the second to sixth paragraph, but not more than the amount to be allocated by our Minister in accordance with our Minister of Finance by ministerial arrangement shall be reduced by an amount of amount equal to the salary he enjoyed as a worker, to the extent that such pay as a dagloon on the award of disability benefit under the Incapacity for work insurance lies or would lie at the same time as he is unfit for work in the event of incapacity for work, in the sense of being incapable of working That Act or would have become incapacitated for work within the meaning of That Act . The first sentence remains out of application as Article 59, first or second paragraph , applicable.
14 Where the insured person is entitled to incapacity benefit on the day of entry into service of incapacity for work, he was entitled to incapacity for work on the basis of the Incapacity for work insurance , sickness benefit on the basis of the Disease law , benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care or a benefit on the basis of the Unemployment law , the amount of the amount fixed in accordance with the second to sixth paragraph, but not more than the amount to be allocated by our Minister in accordance with our Minister of Finance by ministerial order, shall be reduced by the amount of amount of the said benefit on the basis of the Incapacity for work insurance , the Disease law , the Law Labour and Care or the Unemployment law on which he is entitled to the day prior to the entry into force of the incapacity for work. The first sentence will remain out of the application as Article 59, first or second paragraph , applicable.
15 Where the dagloon referred to in the 12th paragraph, the salary referred to in the thirteenth paragraph or the amount of the benefit referred to in the fourteenth member on the basis of the Incapacity for work insurance , the Disease law , the Law Labour and Care or the Unemployment law The amount of the basic minimum wage referred to in paragraphs 2 to 6 below the minimum wage referred to in paragraph 8 shall be the basis for the incapacity for work of the Member States, and the amount of the basic minimum wage laid down in paragraph 1. minimum wage, less that daily wage, salary or amount, unless the basis, calculated on the basis of the second to sixth paragraph, leads to a lower amount, in which case the latter amount shall be the basis of the minimum.
16 The application of the 12th, thirteenth and fourteenth member shall apply without prejudice to the seventh paragraph.
17 For the purposes of applying the twelfth to the 14th paragraph, wages, incapacity benefit under the conditions of employment of Incapacity for work insurance , sickness benefit on the basis of the Disease law , benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care or benefit on the basis of the Unemployment law also means the holiday benefit to which entitlement under that wage or benefit is payable, in so far as that holiday benefit has been calculated over the same period. For the purposes of application of the fifteenth paragraph, pay, incapacity benefit on the basis of the Incapacity for work insurance , sickness benefit on the basis of the Disease law , benefit on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care or benefit on the basis of the Unemployment law does not understand the holiday benefit to which it is entitled under that wage or benefit, and is to be understood as the dagloon times 100/108 under dagloon.
18 The 12th to fifteenth paragraph shall not apply to the person receiving a benefit under the voluntary insurance scheme provided for in Article 14 (1) of the Chapter VI of the Incapacity Insurance Act , Chapter IV of the Health Act or Chapter III of the Unemployment Act . The 14th and fifteenth paragraph does not apply either to the person who Article 3:6, 2nd paragraph, of the Law of Work and Care receive a benefit.
19 In the case of, or under general management, rules may be laid down, if necessary, with regard to profit, income and the period for calculating profit and revenue, referred to in the second to the year. Sixth Member.
20 For the purposes of applying the twelfth to the fifteenth and the seventeenth member shall be paid on the basis of the Unemployment law the name of a pension in respect of dismissal or unemployment, of any denomination, other than a benefit in connection with a functional age or a voluntary retirement pension, in respect of an employment relationship such as Intended in Article 1 (l) of the General Staff Law under the Workers ' Insurance Act . This paragraph expires at the time of the start of phase 3 of the Employee insurance law , referred to in Article 54 of that Act .
1 The incapacity benefit is not taken into account per day, Saturdays and Sundays, in the event of incapacity for:
| 25-35%: |
21% of the basis; |
| 35-45%: |
28% of the basis; |
| 45-55%: |
35% of the basis; |
| 55-65%: |
42% of the basis; |
| 65-80%: |
50,75% of the base; |
| 80% or more: |
75% of the base. |
2 In determining the degree of incapacity for work, account shall be taken of new qualifications obtained.
Incapacity benefit, calculated for incapacity of 80% or more, is provided, if the insured person is in a condition of a temporary stay, at least temporarily, which requires regular application and care, for the benefit of the incapacity for work. the duration of that aid must be increased to a maximum of its own base. The first sentence does not apply where the insured person is included in an establishment and the cost of residence is borne by a health insurance or insurance for sickness benefits.
1 The Implementing Institute may, in whole or in part, temporarily or permanently, leave out any claims arising under this Act:
a. whole incapacity for work, which existed at the time, that the insurance took a start;
(b) incapacity for work, which commenced within a period of six months after the date of commencement of insurance, and the state of health of the insured person at the time of commencement of his or her insurance It was supposed to be expected within half a year.
2 The part of the first paragraph B This power is intended to include an increase in incapacity for work, to the extent that such an increase appears to have arisen out of the same cause as the incapacity for work which occurred within half a year of the commencement of insurance. entered.
3 As long as the Implementing Institute does not qualify for workers ' insurance on the basis of the first paragraph of incapacity for work, Article 2, second paragraph , corresponding application in respect of claims to be made by the insured person to this Act, except that before the commencement of insurance takes place the moment, with effect from which the Implementing Institute shall be workers ' insurance non-incapacity for work.
1 The incapacity allowance shall be reviewed when the insured person, to whom she has been granted, is eligible for higher or lower benefit under this Law.
2 In order to increase the incapacity for work, revision of the incapacity for work will take place in accordance with the conditions laid down in the Articles 13 to 16 .
3 The incapacity allowance of the insured person participating in an education or training required for him shall not be reconsidered during such training or training in the light of a consequent withdrawal of incapacity for work, Unless Article 9 (3) , applicable. If the insured person acquires income from work during the course of training or training, Article 58, first paragraph , mutatis mutandis.
In the case of an increase in incapacity for work, revision of incapacity for work, calculated on the basis of incapacity for work of less than 45%, is subject to revision of the incapacity for work. Articles 15 and 16 , take place as soon as the increased incapacity for work has taken 52 weeks to complete.
2 The revision referred to in paragraph 1 shall not be carried out if the aggravation has manifestly arisen from a cause other than that which has resulted in the incapacity of the benefit to which benefits are received.
3 If, in the event of the increase in incapacity for work or in the 52 weeks immediately preceding the increase in incapacity for work, the benefit of the beneficiary is or has performed as a result of the aggravation of incapacity for work, Article 7, first paragraph The revision referred to in paragraph 1 shall also be carried out, even if the aggravation has manifestly arisen from a cause other than that of which the incapacity for which benefits is received has emerged.
For the purpose of determining the 52-week period referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are preceded by immediate prior and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the period of 52 weeks, periods during which sickness or maternity benefit must be given on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care is enjoyed, out of consideration.
1 In respect of an increase in incapacity for work, revision of incapacity for work, calculated on the basis of incapacity for work of 45% or more, is subject to the Article 15 , place as soon as the increased incapacity for work has taken four weeks to complete.
2 Where incapacity benefit calculated for incapacity for work of at least 45% but less than 80% of incapacity for work has been revised for incapacity for work, less than 45% but within four weeks after the day, from which the benefit has been revised, the incapacity for work increased again, the first member shall be subject to a derogation from Article 13 .
3 For determining the four-week period referred to in the first and second paragraphs, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately interrupted. preceting and connecting to a period of benefit in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care is enjoyed, out of consideration.
1 In the case of an increase in incapacity for work, revision of incapacity for work shall take place as soon as the aggravation of incapacity for work occurs, if such an increase occurs:
a. Within four weeks of the day starting from the day, starting from which the benefit of the disability benefit was granted;
b. Within four weeks of the day starting from which the incapacity allowance for increased incapacity for work has been reviewed;
(c) within four weeks of the day, with effect from which incapacity benefit, which had previously been calculated on the basis of an incapacity for work of 80% or more, has been revised for incapacity for work to incapacity for work, Less than 80%;
d. to indicate, within a period to be specified by ministerial arrangement, in that respect.
2 If the incapacity benefit was granted, a revision of the incapacity for incapacity for work was reviewed, with the application of Article 36, second paragraph , below Article 38, second paragraph , in relation to the first paragraph, A and B As a day starting from which the benefit of incapacity for work was granted, the day, from which the benefit would have been granted, would have been revised, if necessary, if the Article 36, second paragraph , below Article 38, second paragraph , no application would have found.
3 In respect of an increase in incapacity for work, revision of incapacity for work is based on a re-evaluation of the system of incapacity for work. Article 35, sixth paragraph , take place from 22 February 2007.
4 In the case of ministerial rules, rules may be laid down for cases where a direct revision of the incapacity benefit is to be carried out. Under these rules, such revision may only take place for the benefit of the insured person who, upon the resumption of employment, benefits from a profit or a return on a working or working life, which is less than proportional to its remaining existing occupational fitness.
1 In respect of an increase in incapacity for work which occurs within five years of the date of grant or revision of the incapacity for work, arising from the same cause as the incapacity for work in the matter of which benefit is enjoyed, revision of incapacity benefit is always taking place as soon as the increase in incapacity for work has taken up to four weeks of duration.
2 For the purpose of determining the four-week period referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connecting to a period in which allowance is made in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care is enjoyed, out of consideration.
3 This Article does not apply if there is a right to review the incapacity for work on the basis of Article 14 or 15, first paragraph, parts (a) to (c) or third member .
If, as a result of an increase in incapacity for work, both the revision of the incapacity benefit is granted or arose on the basis of the Articles 13 , 14 , 15 and 16 As an infirmary money on the basis of the Disease law The amount to which the incapacity benefit is or is increased shall be paid to the extent that this exceeds the amount of the sickness benefit, if the sickness benefit is payable on the basis of the Article 45 of the Health Act was rejected in whole or in part.
(1) Where incapacity benefit has been reconsidered by reason of an increase in incapacity for work, a re-establishment of a basis of assessment shall be carried out in accordance with Article 8 and the provisions based thereon, provided that it leads to a higher base than that which was the last to be the basis of the disability benefit.
2 For the purposes of applying the first paragraph, Article 8 read 'the entry into service of his incapacity for work': the increase in his incapacity for work.
1 Without prejudice to the provisions of this Law relating to revision or withdrawal of an incapacity for work and to the refusal of payment of a benefit, it shall be reviewed by the Commission. Implementing Institute of Workers ' Insurance shall take such a decision or withdraw it from:
a. for the execution of a decision as referred to in Article 11 ;
b. if not properly fulfilling an obligation on the basis of: Article 45 , 46 or 70 has led to an undue payment of benefit or to an excessive amount of benefit;
c. if otherwise the benefit has been wrongly or to an overstated amount;
d. if not properly fulfilling an obligation on the basis of: Article 45 , 46 or 70 leads to a failure to establish whether entitlement to benefit is still subject to the payment of benefits.
2 If there are compelling reasons for it, the Implementing Institute may decide to waive all or part of the revision or withdrawal as referred to in the first paragraph.
3 A decision to grant wage supplementation as referred to in Article 67a and of income supplementation as intended in Article 67b shall be withdrawn or revised if such payment or supplementary income is wrongly or unduly determined.
1 The right to incapacity benefit ends:
a. From the day on which the insured person is the pensionable age, Article 7a, first paragraph, of the General old-age law , reached;
(b) where the incapacity for work has ended, or less than 25%, from the day, as from the date indicated in the decision of the Implementing Institute for the insurance of workers.
2 The incapacity allowance of the insured person participating in an education or training which he is required to receive shall not be withdrawn during such training or training in respect of any resulting withdrawal of the person concerned from the training of the incapacity for work, unless Article 9 (3) , applicable. If the insured person acquires income from work during the course of training or training, Article 58, first paragraph , mutatis mutandis.
3 If the withdrawal of incapacity benefit is linked to completed training or training, such withdrawal shall not take place earlier than one year after completion of such training or training. If the insured person acquires income from work earlier, Article 58, first paragraph , until the end of that year of corresponding application.
4 The right to incapacity for work ends, if the insured person has been deprived of his freedom, from the day that he took his liberty of liberty for one month.
5 The right to incapacity for work ends, if the insured person discloses himself to the execution of a custodial sentence or detention order.
6 For the insured person who, on the day prior to freedom of freedom, is not entitled to incapacity for work under paragraph 5, the right to incapacity for work shall end, by way of derogation from the fourth paragraph, from the day of the insured person's entitlement to incapacity for work. That the freedom of freedom goes into effect.
7 For the purposes of the fourth paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
1 The right to incapacity benefit ends if the insured person no longer resides in the Netherlands.
2 Article 7a, second, fifth and sixth paragraphs , shall apply mutatis mutandis.
1 If the insured person:
(a) whose incapacity for work on the grounds of incapacity for work on the basis of Article 19, first paragraph, part b , has been withdrawn; or
b. Those at the end of the waiting period, intended in Article 7, second paragraph , is unfit for work because of sickness, defects, pregnancy or childbirth, but was not entitled to incapacity for work because he was not incapacitated;
within five years of the date of revocation, or within five years of the end of the withdrawal period, of incapacity for work, and the result of that incapacity for work arising from the same cause of incapacity for work in the matter of which the withdrawn benefit was received or if it resulted in incapacity, invalidity, pregnancy or childbirth arising from his or her employment due to sickness, deficiency, pregnancy or childbirth as soon as that incapacity for work has taken four weeks to complete.
2 For the purpose of determining the four-week period referred to in paragraph 1, periods of incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care is enjoyed, out of consideration.
3 This Article shall not apply if on the basis of Article 21 (i) entitlement to the re-opening of the incapacity benefit.
In cases where this Article is applied, the basis of the invalidity benefit to be granted shall not be lower than the basis for calculating the incapacity benefit for which the last person was last received. was taken, or the basis which would have been taken into account, if after the end of the waiting period, intended in Article 7, first paragraph (i) entitlement to incapacity benefit, such as since the end of the benefit since the end of that withdrawal period on the basis of Article 8 would have been revised.
5 The Articles 7b and 7c and the provisions based thereon shall apply mutatis mutandis.
6 If the incapacity benefit is granted under this Article, and also entitlement to sickness benefit under the Disease law (i) the incapacity allowance is paid to the extent that it exceeds the sickness benefit, would exceed, if the sickness benefit is payable on the basis of the Article 45 of the Health Act was rejected in whole or in part.
1 The person, whose incapacity benefit, calculated for incapacity for work of at least 45%, is in connection with Article 19, first paragraph, part b Has been withdrawn if, within four weeks of the date of withdrawal from the date of withdrawal of the benefit, he is entitled to an incapacity for the incapacity for work to be reinstated.
The first paragraph shall also apply in respect of the person whose incapacity benefit has been charged to incapacity for work of less than 45% in relation to the person concerned. Article 19, first paragraph, part b has been withdrawn, if he becomes unfit for work within four weeks of the day, with effect from which the benefit of that allowance, which had previously been calculated for incapacity for work of 45% or more, has been revised on account of incapacity for work. to incapacity for work of less than 45%.
3 The person, whose incapacity benefit, calculated for incapacity for work of less than 45%, is related to Article 19, first paragraph, part b Has been withdrawn from one day, situated within four weeks of the day, from which the benefit was granted or subject to an increase in incapacity for work, if, within four weeks, he becomes unfit for work. Entitlement to the re-opening of the incapacity benefit. Article 15, second paragraph , shall apply mutatis mutandis.
4 The person, whose incapacity benefit, calculated for incapacity for work of less than 45%, is related to Article 19, first paragraph, part b Has been withdrawn, without prejudice to the second and third paragraphs if, within four weeks of the date of withdrawal from the date of withdrawal of the benefit, he is unfit to work, obviously from a cause other than the one from which the (i) incapacity for work in respect of which the withdrawn benefit has been received has been the result of a claim for the reopening of the incapacity for work.
5 In respect of the person whose incapacity benefit has been withdrawn in connection with Article 19, first paragraph, part b , and which has become incapable of work on the basis of a re-evaluation of the same kind as intended Article 35, sixth paragraph (b) Reopening of the incapacity allowance shall take place with effect from 22 February 2007.
6 The reopening takes place according to the degree of incapacity for work on the day on which the reopening starts.
7 If both rights exist or arose upon the reopening of the incapacity benefit under this article as sickness benefit under the Disease law The incapacity allowance is paid in so far as it exceeds the amount of sickness benefit, if the sickness benefit is paid on the basis of the Article 45 of the Health Act was rejected in whole or in part.
8 For the purposes of paragraphs 1 to 6, the person who is incapacitated for work shall not be regarded as incapacitated for work.
9 The Articles 7b and 7c and the provisions based thereon shall apply mutatis mutandis.
1 The person, whose incapacity benefit is related to Article 19a, first paragraph , has ended, has from the day:
a. He resides in the Netherlands; or
(b) that he is resident in a country with which a treaty has entered into force or has become a force of international law, under which the right to incapacity for work may exist;
in compliance with the provisions of this Law, claim for the reopening of the incapacity for work if he is unfit for work on that date.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Article 7, sixth paragraph , 36 and 37 , mutatis mutandis, shall apply in respect of the claim for the reopening of the incapacity for work provided for in this Article.
1 The person, whose incapacity benefit is related to Article 19, fourth paragraph , has ended, from the day he is placed in freedom, having regard to the provisions of this Law, he shall be entitled to the re-opening of the incapacity for work if he is unfit for work that day. Article 7, seventh paragraph , shall apply mutatis mutandis.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Articles 7, 7, 7 , 36 and 37 , mutatis mutandis, shall apply in respect of the claim for the reopening of the incapacity for work provided for in this Article.
4 The first and second members shall apply mutatis mutandis to categories of persons to be referred to in general measures of administration where the enforcement of a custodial sentence or measure involving deprivation of liberty outside a judicial establishment shall be.
1 The person, whose incapacity benefit is related to Article 19, fifth paragraph , has ended, from the day he no longer withdraws from the implementation of a custodial sentence or detention order taking into account the provisions of this Act, has been entitled to re-opening the Incapacity benefit, if he is unfit for work on that day.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Article 7, sixth paragraph , 36 and 37 shall be applicable mutatis mutandis in respect of the claim for the reopening of the incapacity for work referred to in this Article.
The insured person, who is entitled to incapacity for work in one month, will be entitled to a holiday allowance for that month.
1 The benefit of the holiday allowance is 8% of the amount of incapacity benefit to which the period of 12 months was payable, prior to the month of May.
2 If Article 58 , 59 and 59a shall be understood to mean the amount of incapacity for work under the amount of incapacity for work referred to in paragraph 1 after that article has been applied.
3 If the percentage of the holiday benefit referred to in Article 15, first paragraph, of the minimum wage law and minimum holiday allowances , the rate of change shall be replaced by the percentage laid down in paragraph 1. The amended rate shall be taken into account for the benefit to which entitlement exists for the period commencing the day on which the amendment goes into effect.
4 The holiday benefit is paid without having been adopted by decision.
The Articles 25 and 26, first to third members , shall apply mutatis mutandis to the death allowance referred to in Article 61 .
If an insured person of 45 years or older who is entitled to a disability benefit and who is the insured person Article 3, first paragraph Profits or earnings in connection with which his incapacity benefit is terminated shall be granted, if he is entitled, within five years from the date of commencement of his duties, to the grant of an incapacity for work. incapacity benefit, the basis of which is not lower than the basis for calculating the incapacity benefit which was last received, as has been the case since the termination of the incapacity for work. Allowance based on Article 8 would have been revised.
1 To enable entitlement to incapacity to work, the insured person shall report his incapacity to work within 13 weeks of the onset of incapacity for work in the Staff Insurance Implementation Institute.
2 For the purpose of determining the period of 13 weeks referred to in paragraph 1, periods of incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the fixing of the thirteen-week period, periods of stay, in which pregnancy or childbirth are given on the basis of Article 3:18 or 3:30, 1st member, of the Law of Work and Care is enjoyed, out of consideration.
1 The incapacity benefit is granted on request.
2 The Employee Insurance Implementation Institute shall inform the insured in writing of the possibility of applying not later than four months before the date of application. Article 7, second paragraph , that period of 52 weeks ends.
3 The second paragraph shall not apply if the insured person mentioned the notification in question: Article 33, first paragraph , has not, or did not, done in time. If the insured person has not made such notification in due time, the obligation of the Implementing Institute shall be subject to the obligation of the Implementing Institute for the assurance of employees at the latest three months after the insured person has made the notification.
4 The insured person wishing to be eligible for the benefit of the benefit shall make his application within nine months of the commencement of his incapacity for work.
5 Without prejudice to the provisions of this Law relating to the revision or withdrawal of the incapacity for work, the persons who were born after 1 July 1954 shall be determined by reference to or by a general measure of management. At the time of the Workers ' Insurance Implementing Institute, whether or not there are grounds for amendment of the degree of incapacity for work for revision or withdrawal of incapacity benefit. The time may be set differently for different groups of persons. A general measure of administration may stipulate that the first sentence shall not apply to certain groups of persons.
6 For persons born after 1 July 1954 but before 2 July 1959 who have been reassessed on the basis of paragraph 5 before 22 February 2007, the Implementing Institute shall review the employment insurance programme or, as of 22 February 2007, shall be the subject of a review of the rules of the Staff Regulations. A change in the level of incapacity for work is grounds for revision, reopening or withdrawal of the incapacity for work. The first sentence shall not apply to persons who have already been classified in the highest incapacity for work on 22 February 2007.
7 On the basis of the assessment referred to in paragraph 6, the degree of incapacity for work of the person referred to in the sixth member who has not requested a new medical assessment shall be determined not lower than the degree of incapacity of the person concerned. Incapacity for work, which was applicable to that person on 21 February 2007.
8 An application has been made in due time, if the Implementing Institute workers ' insurance has not made the notification, referred to in the second paragraph, or if the application is submitted on a notification other than that referred to in the second paragraph within four weeks of receipt of the notification.
9 If the application of the fourth paragraph would lead to obvious hardness, the Implementing Institute shall be entitled to grant workers ' insurance the benefit of its own motion.
1 The incapacity allowance shall be the day of the day from which the person concerned satisfies the requirements for entitlement to the benefit.
2 By way of derogation from the first paragraph, the benefit may not be earlier than one year preceding the day on which the application for grant or continuation of the benefit was lodged. The Implementing Institute of Workers ' Insurance may derogate from the first sentence for special cases.
3 Granting of incapacity for work does not take place if it were to be granted on or after the Article 19, first paragraph, part a That was the day.
A review or re-opening of the incapacity allowance shall be made on application or on an ex officio basis.
1 The review of incapacity benefit is in effect on the day on which the insured person is eligible under this Law for a higher or lower benefit.
2 With regard to the review of disability benefits, which results in an increase in that benefit, as well as with regard to the reopening of the benefit Article 36, second paragraph , mutatis mutandis.
3 The review of incapacity for work in respect of the taking into account of incapacity for work shall be the day indicated in the decision of the Implementing Institute for the insurance of workers.
4 If the revision of incapacity benefit is linked to completed training or training, this revision shall not take place earlier than one year after completion of such training or training.
5 The reopening of the benefit, as referred to in Article 21 , starting on the day, from which the person concerned has become incapacitated again.
6 Reopening of the disability benefit does not take place if it were to enter into or after the Article 19, first paragraph, part a That was the day.
The holiday allowance shall be of its own motion or, in the case of Article 60, first paragraph, second sentence , application finds, upon request, awarded by the Implementing Institute Employee Insurance.
1 The Implementing Institute may, as often as he considers it necessary, call upon or call for the insured person to question and address the insured person's insurance policies or to to question in connection with the claim for or enjoyment of disability benefit or the granting or provision of a reintegration instrument as intended. Chapter 3A .
The Implementing Institute Workers ' Insurance shall be able to examine the persons referred to in paragraph 1 by one or more experts appointed by him or on their behalf.
3 The expert designated for that purpose by the Implementing Institute shall be entitled to call for the persons referred to in paragraph 1, even without a contract from the Implementing Institute, to question the persons referred to in the first paragraph, to do so to interrogate and investigate or to investigate by one or more experts appointed by him to do so.
Travel allowances, travel expenses, subsistence expenses and time-loss shall be reimbursed in the cases and in accordance with rules laid down by the Implementing Institute, if their condition makes them necessary, including their conductors.
1 The implementing institute employees ' insurances and the expert designated by him for that purpose may be the persons referred to in Article 41, first paragraph , provide regulations in the interest of a treatment or of healing or to preserve, restore and promote the ability to perform work.
2 The Implementing Institute workers ' insurance may prescribe that the persons referred to in Article 41, first paragraph , register as a jobseeker at the Employee Insurance Implementing Institute.
The Employee Insurance Implementing Institute may lay down control rules. These rules may not go beyond what is strictly necessary for the proper implementation of this law.
1 The Employee Insurance Implementing Institute refuses to temporarily or permanently, in whole or in part, if an insured person is as referred to in Article 41, first paragraph , after having been summoned in good time, has not appeared or has refused:
(a) to answer questions asked by the Staff Insurance Implementing Institute or the expert designated by him to do so;
examine itself by the expert appointed by the Implementing Institute for the insurance of employees; or
(c) comply with the requirement, given by the Implementing Institute, or the expert appointed by him to do so, to take up or stay in a designated establishment.
The Executive Board shall act in accordance with the first paragraph on an increase in incapacity for work, in so far as it appears to have emerged from the same cause as the incapacity for work, in respect of which the institution of the worker is the failure to meet the summons or refusal took place.
The Employee Insurance Implementing Institute shall act in accordance with Article 45 , if the insured person:
a. The Insurance Institute's employees ' business or the expert designated for that purpose by Article 43 in the interest of any treatment or cure, or to preserve, restore or promote the ability to perform work and to register as a job seeker at the Employment Insurance Implementing Institute without not properly ground;
b. Not, as long as the Implementing Institute has given employees ' assurances or the expert designated by him to consider it necessary, subject to medical treatment, or if he has the rules of the treatment physician does not follow;
c. committed to conduct, hindering his recovery or failing to cooperate sufficiently to obtain adaptation to his illness or defect;
d. the control rules referred to in Article 44 , or the obligation, for the purpose of Article 55, second paragraph, of the Act implementing organisation of work and income not properly fulfilled or has been properly fulfilled or the obligation, intended to be Article 70 , has not been complied with within the time limit set by the Implementing Institute for the insurance of workers;
e. has deliberately caused his incapacity to work;
f. does not comply with the requirement specified in Article 35, fourth paragraph ;
g. without reasonable grounds, not cooperating with any training or training considered desirable for his employment;
h. if the interested party does not cooperate without reasonable grounds to establish the reintegration control, Article 30a, 1st paragraph, of the Act structure implementing organisation work and income or the reintegration plan referred to in Article 30a, third paragraph, of that Act ;
i. if the interested party is subject to the obligations contained in the reintegration television Article 30a, 1st paragraph, of the Act structure implementing organisation work and income or in the reintegration plan, referred to in Article 30a, third paragraph, of that Act not properly fulfilled or not properly fulfilled;
(j) if the person concerned does not comply with reintegration obligations when participating in a reintegration project, has not immediately communicated the reason therefor to the reintegration company;
(k) not to abstain from very serious misconduct in respect of the persons and bodies responsible for the implementation of this Law while carrying out their activities.
1 A measure as referred to in Article 45 or 46 be tailored to the seriousness of the conduct and the extent to which the insured person can be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
2 The Implementing Institute shall be entitled to waive the imposition of a measure as referred to in paragraph 1 and shall be sufficient to give a written warning in respect of failure to comply with the obligation to comply with the obligations laid down in the first paragraph. Article 70 In cases where failure to comply in time of the obligation has not resulted in an undue payment or an excessive amount of benefit or of failure to comply with the requirement of the provision, Article 35, fourth paragraph , unless it does not comply with the obligation to comply in time with the requirement to take place within a period of two years from the date on which the alert has previously been issued to the employee.
3 The Employee Insurance Implementing Institute may waive the imposition of a measure if there are compelling reasons for doing so.
4 The imposition of a measure shall not be required if, for the same conduct, an administrative fine as referred to in Article 48 shall be imposed.
5 In the case of, or under general management, detailed rules shall be laid down in respect of the first paragraph.
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 insured person or his legal representative of the obligation, as specified in the Annex. Article 70 . 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 70 , wrongly or until an excessive amount of benefit has been received.
3 If it is not or is not properly fulfilled by the insured person or his legal representative of the obligation, Article 70 , 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 Insurance Institution may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to provide a written warning for failure to comply or not properly by the insured person or his legal representative of the obligation, Article 70 , 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 insured person or his legal representative has been given such a warning.
5 The Employee Insurance Implementing Institute imposes an administrative penalty on account of failure or failure to comply properly by the insured person or his legal representative of the obligation, Article 70 , as a result of which is received wrongly or up to an excess amount of benefit, of up to 150 per cent of the bene amount if within a period of five years preceding the day of the offence of the offence a prior 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 70 of this law, or 12 of the Toeslagenwet , as a result of which an undue amount of incapacity benefit or supplement has been granted, wrongly or unduly.
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 infringement, referred to in paragraph 5, the insured person or his legal representative has been penalised with an unconditional jail time.
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 right to appeal or appeal may also alter the amount on which the administrative fine was determined to the detriment of the insured person or his legal representative.
1 The Implementing Institute workers ' insurances shall set out the administrative fine with a benefit under this law, the Unemployment law , the Disease law , the Law employment and income to work , the Incapacity for work insurance , 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 , the Law Labour and Care or a surcharge on the basis of the Supplements Act , who receives the person to whom an 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 ' insurance if the person to whom a person is responsible for the payment of a administrative penalty has been imposed on the benefit of a benefit on the basis of the General Old-age Law , the General Survivors Law , 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 insured person or his legal representative is subject to his obligation to Article 48, 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 54, first paragraph , the administrative penalty is to be charged in Article 48, 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 54, 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 48, 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 54, 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.
If the Implementing Institute has temporarily or permanently refused, in whole or in part, the insured person's benefit or has imposed an administrative fine, the Implementing Institute shall make the worker insurance scheme 'reintegration company' means, in so far as it is necessary for the purposes of that assurance, the reintegration company, aimed at increasing the possibilities of employment or occupational integration, is informed of that decision in so far as is necessary for the purposes of this Decision. the execution of the work by the reintegration company.
1 The incapacity benefit is payable by the Employee Insurance Implementation Institute. Payment shall be made as a rule in periods of one month.
2 Without prejudice to the second paragraph, the Implementing Institute shall suspend or suspend the payment of the incapacity benefit for workers ' insurance, if it is clear or justified on the basis of clear evidence of the opinion of the institution has suspected that:
a. The right to benefit does not exist or no longer exists;
b. entitlement to a lower benefit exists;
c. the insured person or his legal representative is an obligation as referred to in Article 45 , 46 or 70 not properly fulfilled or not properly fulfilled.
3 If the incapacity 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.
4 Where the insured person, who is granted incapacity for work, authorizes another person to receive the benefit, or withdraws an authorization granted, the insured person shall, on the basis of such authorization, give effect to the person concerned. 'payment period', after the date of submission of the authorisation, or the notification of its withdrawal, but not later than the first day of the second month following the date of the submission of the authorization, announcement.
5 If a reintegration company has reported to the Workers ' Insurance Implementing Institute that the presumption exists that a person to whom a benefit has been granted does not provide sufficient cooperation with regard to the person concerned with the benefits of the work of the reintegration company, the Implementing Institute shall take a decision on the suspension or suspension or suspension of the payment of the benefit to that person for the duration of not more than eight workers ' rights. weeks.
6 The Employee Insurance Implementing Institute shall inform the reintegration company of a decision to suspend or suspend as referred to in the fifth paragraph.
1 The Implementing Institute shall suspend the payment of a disability benefit if the person to whom the benefit is granted is a foreigner who is not lawfully resident in the Netherlands as intended for the purpose of Article 8 of the Aliens Act 2000 .
2 The payment of a disability benefit shall resume if the person concerned submits an application for that purpose and the Implementing Institute has shown that he is in fact resident or resident outside the Netherlands.
1 Is the recipient of a disability benefit in the Execution Institute of Workers ' insurances an address known in the Netherlands, whereas in the basic registration persons are automatically admitted that he has gone to an unknown country of stay, 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.
If 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 benefit to the person, to whom the invalidity benefit has been granted, to the person concerned.
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 benefit to stay abroad or an address in the Netherlands is included in the basic registration persons.
1 If the insured person to whom a disability benefit is granted is entitled to provide or charge of care as referred to in the Long-term care law and under that law a contribution to that care is due, the Implementing Institute of Workers ' Insurance is empowered to pay the benefit to the insured person, rather than to the insured person without its authorisation, to the insured person. Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
(2) If the insured person, who has been granted incapacity benefit, is included in an establishment for the care of the mentally ill or of the mentally retarded, and the implementing institute of the workers ' insurance of the institution concerned, or from the College of Mayor and of the municipality of the municipality which pays the recording costs, receives the application to pay the incapacity benefit to that establishment or to that municipality, the Implementing Institute may be insurance for workers ' insurance To comply with that request without any other conditions.
3 Where the first paragraph applies, the jurisdiction referred to in paragraph 2 shall apply to the part of the incapacity for work, which shall not be paid to the Netherlands Zorginstitute.
4 A revision of the benefit under the first paragraph 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 If the insured person, who is entitled to an invalidity benefit, is entitled to income by going to work, that employment shall not be regarded as an employed person for a continuous period of five years as intended for the purpose of Article 2 (4) -and is not withdrawn or revised, but is the benefit of the benefit:
a. not paid, if the income is such, that if that labor does work as intended Article 2 (4) , it would no longer be an incapacity for work of 25% or less; or
(b) where part (a) does not apply, paid up to an amount equivalent to the incapacity for work, as it would have been established, if that employment is as defined in Article 2 (4) It would be.
At the end of the period specified in the introductory sentence, the period of employment shall be regarded as 'labour' Article 2 (4) .
2 If the person who is entitled to a disability benefit in employment as referred to in paragraph 1 carries out or has done so, the salary shall be deemed to have been received during the period of return on which the employer or the employer or the person concerned has been awarded the contract. Withholding that salary from withholding tax.
3 The period of five years referred to in the first paragraph shall begin on the first day of application of the first paragraph, subparagraph (a) or (b). If the person entitled to invalidity benefit and to whom the first paragraph, part (a) or (b) is applied is going to carry out other work, a new period as referred to in the first paragraph shall begin on the first day of the period of application of the the incapacity allowance for the performance of that other work is determined by the application of paragraph 1 (a) or (b) of the first paragraph.
4 If, on the last day of the five-year period referred to in paragraph 1, income is received but no work is carried out, this period shall be extended to the last day on which that income is received.
5 If the person entitled to invalidity benefit is entitled to income consisting of wages resulting from a contract of employment as referred to in the Chapter 2 and 3 of the Social Employment Act , the first paragraph shall apply for an unlimited period of time.
6 Our Minister may provide that the first member shall apply for an unlimited duration in respect of certain groups of persons.
7 In the case of a ministerial arrangement, the income and salary referred to in this Article shall be defined. 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.
8 When determining the degree of incapacity to work, as referred to in paragraph 1, pay shall not be taken into account more than once.
1 In the case of incapacity for work, a review of the incapacity for work in respect of the incapacity for work may be obtained. Articles 12 to 17 as a benefit on the basis of the Law employment and income to work in respect of a service which has been arrested after the entry into service of incapacity for work on the basis of which entitlement to the first benefit is incurred, the benefit of the incapacity for work shall be paid to the extent that the benefit is payable on the basis of from the Law employment and income to work at any time, it shall be paid up to the amount of the amount immediately preceding the revision.
2 For application of the first paragraph, incapacity benefit and benefit under the Law employment and income to work also means the holiday benefit to which entitlement under such benefits is calculated, to the extent that that holiday benefit has been calculated over the same period.
3 The first paragraph shall not apply to the person receiving a benefit under the voluntary insurance scheme as referred to in Section 2.2 of the Law on Employment and Income to Work .
4 For the purposes of the first paragraph, the insured person's incapacity for work shall be the insured person Article 58 apply, taking into account the amount of that benefit after the article has been applied.
5 In the case of, or under a general measure of administration, detailed rules may be laid down if necessary:
(a) in respect of the first paragraph;
(b) for the prevention or limitation of overlapping of incapacity benefit with the benefits referred to in paragraph 1, in situations where such members do not provide or do not provide adequate benefits.
1 Where the entitlement to incapacity for work is a right to:
a. Both review of incapacity benefit in relation to the Articles 12 to 17 as a result of incapacity benefit under the Incapacity for work insurance in respect of a service which has been started after the incapacity for work under which entitlement has arisen on the basis of the first-term incapacity benefit; or
b. both grant of incapacity benefit on the basis of Article 20 on the award of incapacity for work on the basis of the Incapacity for work insurance in respect of a service which has been started after the incapacity for work under which the benefit of the incapacity for work, intended in accordance with the conditions of employment of the person concerned, is to be found Article 20, first paragraph, part a , either during or after the waiting period referred to in subparagraph (b) of that paragraph, payment of incapacity benefit is paid to the extent that he benefits from incapacity for work on the basis of the conditions of employment of the Member States. Incapacity for work insurance exceeds. In the circumstances referred to in point (a), the incapacity allowance shall in any event be paid up to the amount of the amount immediately preceding the revision.
2 Where the entitlement to incapacity for work is a right to:
a. Both review of incapacity benefit under the Incapacity for work insurance in relation to the Articles 36 to 40 of that Act on the award of incapacity benefit for work as an insured person after taking into account the incapacity for work under which he is entitled to his entitlement to incapacity for work; or
b. both grant of incapacity benefit on the basis of Article 43a of the Disability Insurance Act (Wet op de Disability) on the award of incapacity benefit for work as an insured person after the incapacity for work under which the benefit of the incapacity for work is intended, in accordance with the conditions laid down in Article 43a (a) (a) of the Incapacity Insurance Act , granted, during or after the waiting period, referred to in subparagraph (b) of that paragraph, payment of incapacity benefit is paid to the extent that it is the revised or awarded incapacity benefit granted under the conditions of employment of the Member States. Act on incapacity insurance exceeds .
3 For the purposes of application of the first and second paragraphs, incapacity benefit and incapacity benefit under the system of incapacity for work Incapacity for work insurance also means the holiday benefit to which entitlement to incapacity benefits is payable, in so far as that holiday benefit has been calculated over the same period.
4 The first and second paragraphs shall not apply to the person receiving incapacity benefit under the voluntary insurance provided for in Article 4 (1). Chapter VI of the Incapacity Insurance Act .
5 For the purposes of application of the first and second paragraphs, invalidity benefit shall be paid under the provisions of the Incapacity for work insurance of the insured person on whom Article 58 , below Article 44 or 65 of the Disability Insurance Act (Wet op de Disability) apply, taking into account the amount of those benefits after the said articles have been applied.
6 In the case of, or pursuant to general management measures, detailed rules may be laid down where necessary:
(a) in respect of the first to third members;
b. for the prevention or limitation of overlapping of disability benefits with the benefits referred to in the first to third paragraphs in situations where such members do not provide or do not provide adequate benefits;
(c) for the prevention or limitation of overlapping of disability benefit under this Act with benefits under other laws.
7 In the case of a general measure of administration, rules may be laid down to prevent or limit the overlapping of disability benefit with benefits under the social legislation of Aruba, Curaçao, Sint Maarten, a similar scheme For the benefit of the public bodies Bonaire, Sint Eustatius and Saba or of any other Mogenity.
1 The payment of the holiday allowance shall be made once a year during the month of May for months preceding that month, or, if the right to benefit ends earlier than in the month of May, during the month in question. The Implementing Institute of Workers ' Insurance may pay the holiday benefit at another time, provided that such payment is made in respect of one or more of the present months on which the right to benefit from the holiday already exists.
2 The Articles 55 , 57 and 61 shall be applicable, mutatis mutandis, to the benefit of the holiday allowance, to the extent that this law has not been determined otherwise by or under this Act.
1 After the death of the insured person, to whom incapacity for work has been granted, 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 component A The person referred to, the minor children to whom the deceased person was in family law;
c. in the absence of any of the components A and B Persons referred to as persons with whom the deceased had been living in the family.
2 The death allowance shall be equal to the amount of the benefit in respect of one month, but not to the Saturdays and Sundays, calculated according to the amount of the allowance on the day or last for the day of death of the insured person.
3 In connection with the death of the insured person to whom a benefit has been granted, Article 19, first paragraph, part a Not applicable.
4 The death allowance shall be paid by the Implementing Institution, of its own motion or upon application to the rightholder or entitled persons referred to in the first paragraph.
5 The death allowance is paid in a lump sum.
6 The amount of death allowance shall be reduced by the amount of incapacity for work which has already been paid over the days of death.
Benefits under this Act that have not been received or have been recovered within two years from the day of payment of payment shall no longer be paid.
1 The benefit of the benefit, the wage supplement, Article 67a , the supplementation, intended in Article 67b , and the provision specified in: Article 67c which as a result of a decision as intended in Article 18 has been granted unduly, and where otherwise unduly paid, the Implementing Institute shall recover employee insurance.
2 The benefit due to the employer is recovered from the employer's employer's insurance programme if the employer has paid the benefit on the basis of the employer's insurance contributions. Article 629, Fifth paragraph, of Book 7 of the Civil Code has been able to deduct the pay.
3 By way of derogation from paragraph 1, the Implementing Institute may waive recovery or further recovery decisions 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.
4 The period referred to in paragraphs (a), (b) and (c) of paragraph 3 shall be 10 years if the recovery is due to the failure to comply or not properly of the obligation referred to in Article 4 (2) of the Article 70 .
5 The period referred to in paragraph 3 (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 70 .
6 If there are compelling reasons for doing so, the Implementing Institute may decide to waive recovery of all or part of the recovery.
7 The person whose institution or the institution to which it is to be recovered shall, at the request of the Implementing Institute, supply workers ' insurances with the information which is relevant for the recovery.
8 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 Implementing Institute workers ' insurance may pay the unduly paid benefit, as referred to in Article 63, first and second paragraphs ...........
2 Article 54 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.
Under ministerial arrangements, rules may be laid down concerning:
(a) the implementing arrangements for the decision to which it has been determined to pay unowed;
b. The application for pay supplementation as intended in Article 67a , from income supplementation as intended Article 67b , the period within which the application is lodged, as well as the legal effects relating to that period's overrun, and the application for a provision as referred to in Article 2 (2) of the EC Treaty. Article 67c .
1 By way of derogation from Article 63, first paragraph , the Implementing Institute may, at the request of the party concerned, decide to waive recovery or part of the recovery, in part, by cooperating with a debt scheme, where:
a. It is reasonable to foresee that the person concerned will not be able to continue to pay 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 has arisen as a result of failure to comply with the obligation to comply with the obligation Article 70 , and for this a fine as intended in Article 48 was imposed, or if the declaration was made on the basis of the declaration Penal code .
3 The decision to renounce recovery or further recovery shall be withdrawn or modified 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 person concerned does not comply with its debt to the Employee Insurance Implementing Institute 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 from the Employee Insurance Implementing Institute as referred to in Article 63 and 65a is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 Unalienable and not prone to drop-off and contiation are:
(a) incapacity benefit;
(b) the increase in incapacity for work, intended to Article 10 ;
c. the holiday benefit;
d. the pay supplementation, for the purpose of Article 67a ;
e. the supplementation, intended in Article 67b .
2 Power to receive a benefit under whatever form or name was granted is always revocable.
3 Each clause, contrary to this Article, shall be null and void.
Not susceptible to seizure:
a. the increase referred to in Article 10 ; and
(b) the death allowance, for the purpose of Article 61 .
1 The Implementing Institute workers ' insurance may assign to the person who is entitled to an incapacity for work and who accepts or carries out employment on request for pay supplementation, if the salary is lower than his/her salary. residual earning capacity.
2 Wage supplementation shall be granted on periods of receipt of earnings from services but not exceeding a period of four years from the day starting from the day from which payment was first granted for the first time.
3 As periods of employment received as referred to in paragraph 2, periods of employment are also to be regarded as periods of payment on the basis of the Disease law or on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care shall be received, unless the employment relationship has ended.
4 The application of the legal provisions relating to the tax on contributions shall be regarded as a benefit on the basis of the payment of a premium for the benefit of the premium. Incapacity for work insurance .
5 In the case of a general measure of administration, rules may be laid down regarding the amount of the wage supper.
1 The Implementing Institute shall grant to the person who is entitled to incapacity for work and who carries out or is going to work as a self-employed person on request for income supplementation, if his income is removed from the institution of the company or profession is lower than its remaining earning capacity.
2 The supplementary income shall be granted on periods in which the holding or occupation is exercised but not exceeding a period of four years from the day starting from the day from which the first supplementary income was granted.
3 The income supplement is to be regarded as a benefit under this law for the purposes of the statutory provisions on the levy.
4 In the case of a general measure of management, rules may be laid down regarding the level of income supplementation.
1 The self-employed person entitled to incapacity benefit is entitled to support in the case of labour-switching and, subject to the statutory provisions in force, to the judgment of the Implementing Institute. workers ' insurances deemed necessary for labour-switching.
2 For the purpose of applying the first paragraph, persons who appear to be the target group of the persons who are the beneficiaries of the decision or a reentry decision are Social employment law The provision of a provision to labour-management means a provision aimed at obtaining employment in a service referred to in the Articles 2 and 7 of that Act .
1 The Implementing Institute may give consent, in the context of the promotion of occupational integration, to the insured person, who is entitled to an incapacity for work in order to be subject to a test at a place of work. to carry out unrewarded work for up to six months.
2 The incapacity allowance shall not be withdrawn or revised during the performance of work in a place of testing as referred to in paragraph 1.
3 The unrewarded work in a place of testing as referred to in paragraph 1 shall be as follows:
a. work, to which the insured person, referred to in paragraph 1, is capable of being in a position of strength and competence;
(b) work, where the employer, for whom the pilot placement is carried out, has completed a liability and accident insurance for the insured person referred to in the first paragraph;
(c) activities which the insured person, referred to in the first paragraph, has not previously unremunerated at a place of work on the employer or his predecessor; and
d. work involving, in the opinion of the Implementing Institute workers ' insurances, a real view of a service related to the unrewarded work of the same or larger size for at least 6 months.
4 If the activities referred to in paragraph 1 are interrupted for sickness, the period during which a sickness benefit is received shall not be taken into account for the purpose of applying that paragraph.
5 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article.
The Implementing Institute of Workers ' Insurance may be the person entitled to incapacity benefit, and for whom the likelihood of occupational integration is low and which is therefore not at present mediable in the labour market, allow the additional work to be unrewarded for a maximum period of two years. Article 10a, second to tenth paragraph, of the Participating Act shall apply mutatis mutandis.
The person entitled to incapacity for incapacity for work of 35% or more on 1 July of the calendar year shall be entitled to a concession.
2 The person referred to in paragraph 1 shall receive a concession of € 212.06 per calendar year.
3 The amount, referred to in paragraph 2, shall be amended each year as from 1 January in accordance with the table correction factor referred to in the second paragraph of Article 10.2 of the Income Tax Act 2001 . The amended amount is made public by or on behalf of Our Minister in the Official Gazette.
4 By way of derogation from paragraph 3, the amount referred to in paragraph 2 may be replaced by another amount by way of a general measure of management, with effect from a date to be notified to that measure.
5 The Employee Insurance Implementation Institute shall provide the concession of its own motion in the third quarter of the calendar year.
6 The concession shall not be open to seizure.
7 The concession shall not be taken into account for the provision of public-income benefits and benefits as appropriate to the income or assets.
8 The concession shall not be open to recovery or reckoning with outstanding claims in respect of a benefit under this Act.
9 The concession shall be paid only once in the case where the concession may also be granted on the basis of the aid granted. Articles 63a of the Act of Work and Income to Labor , 65l of the Disability Insurance Act (Wet op de Disability) or 3:75 of the Wet Work and Labor Support Young Disabled.
10 The concession and the associated management costs shall be borne by the State.
In fixing the damages to which the insured person is entitled to claim for incapacity for work, the judge shall take into account the claims which he has on the basis of that law.
1 The Implementing Institute shall have employees ' insurance cover for the costs incurred under this Act as to the person who is liable for compensation in respect of the cause of incapacity for work towards the insured person. obligatory but not more than the amount for which, in the absence of claims under this law, it would be liable to civil law, reduced by an amount, equal to that of the compensation for payment of which the Person liable to the insured person has been held to civil law.
2 In accordance with rules to be laid down by our Minister, the Implementing Institute may, instead of the amount of the periodic benefits in kind, advance the present value of workers ' insurances.
3 The liability referred to in paragraph 1 shall also be liable for reimbursement of the reasonable costs incurred by the implementing institute for the performance of the obligations to enable the insured person to take up employment, workers ' insurance at the Implementing Institute under this Law, and the provisions based thereon, as well as the Law structure implementing organisation work and income and the provisions based thereon. The person liable may have the same defence that he would have been in the service of the insured person.
1 The insured person, his legal representative, and the institution referred to in Article 57 Where incapacity benefit is paid, workers ' insurances shall be obliged to communicate, upon request or without delay, all facts and circumstances of their own accord, of which they are reasonably clear to them. they may have an influence on the right to benefit, the amount of the benefit, the making of entitlement to benefit or the amount of the benefit, which is paid.
2 To the insured person who is entitled to or is entitled to the holiday allowance and to his legal representative, shall rest as defined in the first paragraph.
3 The insured person to whom a reintegration instrument as referred to in Chapter 3A is obliged to the Implementing Institute, at its request or without delay, all of its own movement, whether granted, or to whom provision or award is envisaged, as well as its legal representative, to the Implementing Institute for the insurance of workers. to communicate facts and circumstances, where it must be reasonably clear to them that they may have an influence on the provision or award, or on the duration or the height of the reintegration instrument.
1 The insured person referred to in Article 3 , is insured at the Employee Insurance Implementation Institute.
2 In the performance of the insurance provided for in this Act, the Implementing Institute shall provide for the provision of workers ' assurance, subject to the execution assigned to another person pursuant to any article of this Act.
The reinstatable disability benefit is considered to be a continuation of the withdrawn benefit. For the purposes of the application of the Article 14, second paragraph , 15, first paragraph, part c , and 16 shall be treated in the same way as the withdrawal of incapacity for work, on the grounds of incapacity for work, on the grounds that incapacity for work is taken into account.
1 Without prejudice Article 95a 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.
4 If, for the purpose of giving a decision referred to in paragraph 1, a person resident abroad has been called and for that reason the decision cannot be given within eight weeks, that period shall be extended by not more than one year. six months and the applicant shall be informed in writing of such extension.
1 A decision on insurance is given under this law within 13 weeks of receipt of the application.
2 If a decision referred to in paragraph 1 cannot be given within thirteen weeks for reasons other than those referred to in the second paragraph, the applicant shall be notified in writing, giving the shortest possible time. time limit within which the decision may be taken into account.
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 an objection is raised against a decision on which a medical or occupational assessment is based, the Implementing Institute shall decide on employees ' insurance, by way of derogation from Article 7:10, 1st paragraph, of General Law governing law , within seventeen weeks, or, if the opinion is requested by an expert who is not responsible for his/her responsibilities within a period of 20 weeks from the day following that on which the deadline for the submission of the notice is to be taken. Expired.
3 If, in connection with the decision to raise objections, a person resident abroad has been called and for that reason the decision on objection cannot be given within the period referred to in the second paragraph, the decision shall, in the case of a person residing in the country, be Derogation from Article 7:10, third member, of the General Law governing the administrative law , adjourned for a maximum of six months and shall be notified in writing to the applicant for that suspicion.
In the case of a general measure of administration, rules may be laid down for the treatment of objections to decisions on which a medical or employment assessment is based.
1 Against judgments of the Central Board of Appeal, any of the parties may appeal in cassation in respect of a breach or incorrect application of the Articles 1 (3) to (7) , 3 to 6 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 decision granting income supplementation on the basis of Article 29 of the Law on the integration of the disabled , to the person who, on the day preceding the day on which that article was on the basis of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , lapses, entitled to a disability benefit for the duration for which income supplementation had been granted, was considered to be a decision to grant income as a result of an entitlement to the benefit of the Article 67b .
2 A decision to grant wage supplementation on the basis of Article 32 of the Law on the Integration of the Disabled Persons , to the person who, on the day preceding the day on which that article was on the basis of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , lapses, entitled to a disability benefit for the duration for which that pay supplement had been granted, was regarded as a decision to grant a pay ment as a result of a claim to pay Article 67a .
A conduct contrary to a general measure of management issued under this Act, to the extent expressly referred to as a criminal offence within the meaning of this Article, shall be subject to a detention of a maximum of one month or a maximum of one month's time. the fine of the second category.
The Article 99 criminal offences shall be considered as infringements.
Incapacity benefits granted prior to the entry into force of the Act of Change Systematic Reassessments Incapacity Act are deemed to be granted for an indefinite period of time.
1 The Articles 7a , 19a , and 21a , do not apply to the person who:
(a) on 31 December 1999 on the basis of the Articles 7 or 22 is entitled to incapacity for work and is not residing in the Netherlands on that day; and
(b) on 19 December 2005, that right to benefit has only been granted on the basis of Article 2 of the Law of 9 December 2004, approving the intention to terminate the Treaty on the European Union of 28 June 1962 in Geneva (ii) equality of treatment for own nationals and foreign nationals with regard to social security (Convention No 118 adopted by the International Labour Conference in its sixtieth plenary session; Trb. 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 continues to comply with the remaining conditions for entitlement to incapacity benefit.
In proceedings to become applicable to the Article 69, third paragraph , the judge shall, at the request of one of the parties or of its own motion, prescribe a period within which the parties shall be given the opportunity to adapt their theses and conclusions, as appropriate, to Article 69, third paragraph . If the courts are to be adjusted to such an opportunity, the courts shall not open a remedy for that decision; the judge shall reject an application for that purpose, and a remedy shall be brought against it only at the same time as the end pronunciation open.
1 Article 67f shall expire at a time to be determined by royal decree.
2 Article 67g shall expire at a time to be determined by royal decree.
1 With respect to the service relationship which entered prior to 1 January 2012 and for which an application for labour cost subsidy was submitted before 1 January 2012, the Articles 67f and 67g of this law, the provisions based thereon and Article 30e of the Act structure implementing organisation work and income As they were in place on 31 December 2011.
2 This Article shall expire five years after the day on which Article VI of the Law of 21 May 2012 amending the Law Structure implementing organisation of work and income related to the adjustment of the provision of services of the Implementing Institute workers ' insurances to employers and job-seekers and the removal of the Council for Work and Income as a legal entity governed by public law with a statutory task and of the Unemployment Act and any other laws relating to the termination of the employment the implementation of the re-integration budget of Unemployment Law and of wage-cost subsidies has entered into force.
1 The Articles 16a and 20, 6th paragraph ; and 21, seventh member , as they are to be replaced by the entry into force of the Law on harmonisation and simplification of social security legislation , do not apply to the person whose incapacity for work for the day of entry into force of that law increased as intended in the Articles 13 to 16 , 20 or 21 Until such time as the increase in incapacity for work is no longer a right for sickness benefit on the basis of the Disease law .
2 Article 20, third paragraph, part b As that ushered on the day before the entry into force of the Law on harmonisation and simplification of social security legislation shall continue to apply to the person who, on or before the date of entry into force of that Act, became unfit for work as referred to in Article 20, first paragraph.
3 This Article shall expire from the day of 10 years from the day of entry into force of the Law on harmonisation and simplification .
1 The Articles 7a , 19a and 21a , do not apply to the person who, as a result of the denunciation of a treaty, the termination of the provisional application of a treaty or the termination of a similar situation, are subject to those articles? as long as this person continues to reside in the same country as where he lived on the day for entry into force as a result of that termination, respectively, on the day before the termination, and continue to comply with the remaining conditions for the right to incapacity for work.
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.
The General Term Act shall not apply to the periods of four weeks mentioned in the Articles 7, third and fourth members , 13, fourth member , 14 , 15, 1st Member , 16 , 20 and 21 .
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Law on incapacity for work as selfemployed persons.
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 The Hague, 24 April 1997
Beatrix
The Secretary of State for Social Affairs and Employment,
F. H. G. de Grave
Published the twenty-ninth April 1997The Minister of Justice,
W. Sorgdrager
