Key Benefits:
Act of 24 April 1997 providing for the provision against the financial consequences of long-term incapacity for work for young people with disabilities (Wet incapacity for the young handicapped)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to regulate the provision of incapacity for young people with disabilities in connection with the repeal of the General Incapacity Act.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Employee Insurance Implementation Institute: the Employee Insurance Implementing Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. Incapacity for the handicapped young handicapped: the incapacity fund for young disabled persons, intended to Article 5: 1 ;
ed. Young handicapped: the natural person, for the purpose of Article 1a: 1 , Article 2: 3 or Article 3: 2 ;
e. foreigner: which is understood to be in the Aliens Act 2000 ;
f. Law has been deprived of his freedom: its freedom has been deprived of its right, subject to the situations specified in the Law on special drawings in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
g. Judicial system: a penitentiary device, a device for the purpose of consulting, or a device as referred to in Article 1 (b) of the PrincipLaw of the Judicial Youth ;
h. re-integration company: a natural or legal person who, in the context of the exercise of profession or business, promotes the involvement of persons in employment;
i. residual earning capacity: income that the young disabled person who has not yet reached the age of 18 and the young disabled person who is entitled to a disability benefit or has a right to employment support under this law still with employment can earn and that by or under Article 2: 5 , 2:37 or Article 3: 1 has been established;
j. Employee: a worker within the meaning of the Law employment and income to work ;
k. Employer: an employer within the meaning of the Law employment and income to work ;
l. income provision: income support as defined in the Articles 2:40 , 2:41 , 2:42 or 2:43 , or benefit as referred to in Article 2:45 ;
m. minimum wage: the minimum wage, in accordance with Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances or, in the case of a person under the age of 23 years, the minimum wage per month applicable to his age, as specified in Article 7, third paragraph , and Article 8, third paragraph, of that Act ;
n. participation plan: the participation plan referred to in Article 2:18 , first paragraph,
o. Right to labor support: the right to labour support on the basis of Chapter 2 ;
P. Incapacity benefit: -a disability benefit on the basis of Chapter 1a or 3 ;
q. Independent: the person who, other than in the course of employment, carries out his own business or is engaged in an occupation, in order to obtain income;
r. Custodial sentence or detention order: a custodial sentence or measure involving deprivation of liberty as referred to in the judgment, which has become irrevocable 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 Resident within the meaning of this Act and its dependation provisions is the natural person, who lives in the Netherlands.
2 By way of derogation from the first paragraph, the term 'resident' may, by way of derogation from the first paragraph, be extended to or under a general measure of management.
3 The provisions of this law shall apply to the person who, on the basis of the second paragraph, is considered to be resident, but residing outside the Netherlands, in accordance with the specific rules laid down in that law in respect of that person.
1 Where a natural person lives is assessed according to the circumstances.
2 The person who left the Netherlands with whom he left and within a year afterwards he returns without now living in Aruba, Curaçao, Sint Maarten, in the public bodies Bonaire, Sint Eustatius and Saba or on the territory of another Mogenity He is also considered to have resided in the Netherlands for the duration of his absence.
1 The following shall be considered to be a stuttering person in this law and the following provisions:
a. receiving student financing on the basis of the Law for the 2000 financial year ;
b. receiving a financial provision as referred to in Article 7.51, First paragraph, of the Law on Higher Education and Scientific Research ;
c. receiving a concession on the basis of Chapter 4 of the Act of Concession Education Contribution and School Costs ;
d. for whom the insured person within the meaning of the General Child by-entry law child benefit on the basis of Article 7, second paragraph, part a or subparagraph b of that Act ;
e. who, although not classified according to parts a to d, are nevertheless related to teaching or vocational training courses or traineeships during an average of at least 213 hours per quarter for as long as he/she is not considered to be has not yet reached the age of 30.
2 In the case of a general measure of management, other persons other than those referred to in paragraph 1 may be regarded as stuttering.
1 Young disabled person within the meaning of this chapter and the provisions based thereon shall be the resident who:
a. on the day when he becomes 18 years of age as direct and objectively medically determined due to illness, deficiency, pregnancy or childbirth, does not have any potential for participation in the labour force;
b. After the day referred to in subparagraph (a) as being directly and objectively medically determined due to illness, deficiency, pregnancy or childbirth, it has no potential for participation in employment and in the year, immediately prior to the day on which this has been initiated, for a period of at least six months.
2 The resident who, on the day referred to in paragraph 1 (a) or (b), is subject to restrictions due to illness, defect, pregnancy or confinement, but is not regarded as a young disabled person under the first paragraph, shall be resident in the Young handicapped persons within the meaning of this chapter and the provisions based thereon, if, within five years of that date, he has no opportunities for participation in the labour force on a lasting basis, if that is the result of the same cause as the reason for which he restrictions due to disease, lack, pregnancy or childbirth experienced, on the day, intended in part a or b.
3 The resident who temporarily has no access to employment opportunities is still a young disabled person if he becomes a young person for a period of 10 years following the day on which he became a young disabled person on the basis of the first member of the either Part (a) or (b) or the second member, if he would have had no opportunities for participation in the labour force in a sustainable way, would have no opportunities for employment.
4 In this chapter and the provisions based on it, there is no possibility of employment participation in this chapter and the situation in which the opportunities for participation in employment cannot be developed.
5 In the case of, or under general management, rules may be laid down in respect of a periodic review to determine whether the person concerned has no possibility of participation in the labour force on a lasting basis.
6 The assessment of the possibilities for participation in employment shall be based on an occupational health and, where necessary, a working study.
7 In the assessment, referred to in the sixth paragraph, the insurance physician shall use as much scientific knowledge as possible to support the assessment of the possibilities of employment participation.
8 In the case of, or under general management, further rules may be laid down in relation to the first, fourth and sixth paragraphs.
9 The nomination of a general measure of management, to be adopted pursuant to paragraph 8, shall not be made subject to the adoption of a ministerial arrangement by virtue of the eighth paragraph, after the draft in the Official Journal. It has been given an opportunity to bring forward wishes and concerns to our Minister within four weeks from 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.
1 The young handicapped person is entitled to incapacity benefit under this chapter, unless an exclusion ground, as referred to in Article 3 (1), is applicable to the child. Article 1a: 6, first paragraph , applicable.
2 The person entitled to labour support on the basis of Chapter 2 or right to incapacity benefit on the basis of Chapter 3 has, or has had, no right to disability benefit under this Chapter.
1 If it is established that the resident is not a young disabled person, the resident who is still qualified as a young disabled person has Article 1a: 1, second paragraph , not earlier than 12 months after the day on which it was last established that the resident was not a young disabled person entitled to disability benefit.
2 If no entitlement to incapacity benefit arises, because on the young disabled person, one or more exclusion grounds, as intended in Article 1a: 6, first paragraph , apply, the young handicapped person shall be entitled to incapacity benefit as from the day when none of these exclusion grounds arises.
1 The disability benefit is calculated on the basis of the minimum wage per month divided by 21,75.
2 The incapacity benefit is 75% of the base per day.
3 Income is deducted entirely from the disability benefit.
4 In the case of a general measure of management, the term 'income' shall be determined. 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.
If the young handicapped person is in a permanent or temporary permanent condition requiring regular application and care, the incapacity benefit for the duration of that aid shall be increased to a maximum of highest the base. The first sentence does not apply, if the young disabled person is included in an establishment and the cost of residence is borne by health insurance or insurance for sickness benefits.
1 For the purpose of applying this paragraph and the provisions based thereon, the following exclusion grounds shall be distinguished:
a. Stuttering;
(b) the law has been deprived of its freedom;
(c) evade the implementation of a custodial sentence or measure involving deprivation of liberty;
d. do not live in the Netherlands;
e. if a foreigner does not hold lawful residence within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 ;
f. the attainment or achievement of the pensionable age specified in Article 7a, first paragraph, of the General old-age law .
2 In the case of a general measure of management, it may be determined that the ground of exclusion referred to in paragraph 1 (e) does not apply to aliens who, after having been lawfully resident within the meaning of the Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legally residing in the Netherlands, as referred to in Article 8 (g) or (h) of the Aliens Act 2000.
1 By way of derogation from the Articles 1a: 2, first paragraph , and 1a: 9 is Article 1a: 6, first paragraph, part b , first of all, from the day when the person has been deprived of his freedom for one month, unless, on the day prior to the release of liberty, there is no right to incapacity for work under Article 1a: 6, first paragraph, part c.
2 Article 1a: 6, first paragraph, part b , does not apply to categories of persons to be referred to in general measures involving the execution of a custodial sentence or detention order outside a judicial establishment.
3 For the purposes of applying the first paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
1 By way of derogation from the Articles 1a: 2, first paragraph , and 1a: 9 is Article 1a: 6, first paragraph, part d , first of all, from the first day of the month following that in which the young handicapped person moved outside the Netherlands.
2 The first member shall also apply to the young disabled person who has gone to live outside the Netherlands and to whom Article 1:2, third paragraph , applicable.
3 The Employee Insurance Implementation Institute may Article 1a: 6, first paragraph, part d , leaving or diverting from such an application, in so far as they apply, having regard to the importance of the end of the right to incapacity for work if the young disabled person is to reside outside the Netherlands, will lead to an imequity of of this point.
The right to incapacity for work ends:
a. when the young disabled can offer employment opportunities as intended Article 1a: 1 has, as of the day, indicated in the application of the Workers ' Insurance Implementing Institute to this effect;
b. on the day when an exclusion ground as intended by the young disabled person is as Article 1a: 6, first paragraph , applicable;
(c) if the Implementing Institute decides to do its employees ' assurances at the request of the young handicapped person; or
d. if the young disabled person dies.
1 If on the basis of Article 1a: 9, part a The right to incapacity benefit has ended, the right to incapacity for work to be reborn, if the young disabled person has no lasting effect within five years of the day on which the right to incapacity has ended. Potential for participation in employment Article 1a: 1 This stems from the same cause as under which he was previously entitled to incapacity benefit.
2 If on the basis of Article 1a: 9, part b , the right to incapacity benefit has ended, because on the person entitled to disability benefits one or more exclusion grounds are as intended. Article 1a: 6, first paragraph, parts (a) to (e) , where there is no longer any of these exclusion grounds, the right to incapacity benefit is to be reborn.
3 If on the basis of Article 1a: 9, part c The right to incapacity benefit has ended, the right to incapacity benefit is reborn, if no ground of exclusion is considered to be the right to work. Article 1a: 6, first paragraph -It's happening. The right to incapacity for work shall not be more than one year after the day on which the right to incapacity for work has ended.
1 The Implementing Institute of Workers ' Insurance shall determine the right to disability benefit under this Chapter upon application or right to incapacity.
2 The right to incapacity benefit under this Chapter shall be created on the day on which the application referred to in this Article has been made, except that this right may not arise earlier than the day on which the person concerned year.
3 In the case of ministerial arrangements, rules may be laid down concerning the information provided by the young handicapped person on the application.
(4) If application of the first paragraph would lead to obvious hardness, the Implementing Institute shall be empowered to grant workers insurance the right to receive incapacity benefits of its own motion.
1 With regard to the young handicapped person and the right to incapacity for work under this Chapter, the following articles and provisions based thereon shall apply mutatis mutandis:
a. In the field of research into the opportunities for employment: the Articles 3:12 , 3:33, first paragraph, part b, second and third members , 3:34 and 3:36 ;
(b) on the duties of the young handicapped person: the Articles 3:35, 1st paragraph , and 3:74, 1st and 2nd Member ;
(c) on measures: Articles 3:37 , 3:38, parts a to e and k , and 3:39 , except that the second paragraph shall apply mutatis mutandis to the extent that it sees the failure to comply in time of the obligation referred to in Article 4 (2). Article 3:74 ;
d. In respect of administrative fines, the Articles 3:40 , 3:43 and 3:44 ;
(e) on the basis of the benefit: Article 3:7, third and fourth member ;
f. for the purpose of the concession in addition to the incapacity for work: the Articles 3:10 and 3:53 ;
g. for the benefit of the holiday benefit: the Articles 3:24 , 3:25, first, third and fourth member , 3:26 , 3:32 and 3:52 ;
h. For the purpose of the death allowance: Article 3:54 ;
i. in respect of payment of the benefit: the Articles 3:45, 1st to 4th Members , 3:47 , 3:47a and 3:55 ;
j. for revision or revocation: Article 3:18 ;
k. for recovery purposes: Articles 3:56 , 3:57 , 3:58 , 3:59 and 3:60 ;
l. on the question of alienation, pledge and power of attorney: the Articles 3:61 and 3:62 .
2 Penal provision of Article 84, first paragraph, of the Act structure implementing organisation work and income shall apply mutatis mutandis.
For the purpose of this chapter and the provisions based thereon, the minimum wage shall be divided by 21,75.
1 In this chapter and the provisions based thereon, "manmade" income means the income of healthy persons, with similar training and experience, on the spot where the young handicapped person lives or is normally employed in their environment. In particular, the new skills acquired by the young handicapped should be taken into account.
2 In the case of, or under general management, the measure of the level of measure provided for in paragraph 1 of this Article may be determined.
1 Young disabled person within the meaning of this chapter is the resident who:
a. On the day when he is 17 years old as direct and objectively medically diagnosed as a result of illness, deficiency, pregnancy or childbirth for 52 weeks has not been able to work with work over 75% of the standard of manmade to earn, whereas it is not likely that he will recover in full within a year;
(b) after the date referred to in subparagraph (a) to which he is seventeen years of direct and objective medical treatment due to illness, defect, pregnancy or confinement for a period of 52 weeks has not been able to work with work over 75% earn the standard of measure, whereas it is not likely that he will recover in full within one year and he shall, in the year, immediately prior to the day on which it is as direct and objectively medically determined due to illness, For at least six months, the absence of pregnancy or parturiation has occurred at a time of learning.
2 If the resident is not a young disabled person and within five years of the end of the 52-week period referred to in the first member, part a or b, no longer be able to earn more than 75% of the standard of the manmade income as a result of a cause which was present at the end of the 52-week period referred to in paragraph 1 (a) or (b), while not likely to restore the resident in full within one year, the resident will become a young disabled person with effect from the date of the expiry of the period of 52 weeks. of the day on which he is no longer able to earn more than 75% of the size of the standard income.
3 For the purpose of determining the 52-week period referred to in the first paragraph, Article 3:3, 2nd and 4th Member , mutatis mutandis.
1 Fully and sustainably disabled persons within the meaning of this chapter and the provisions based thereon is the young disabled person who does not have any opportunities for employment in a sustainable manner.
2 In a sustainable way, the situation is understood to mean that the potential for participation in the labour market cannot be developed.
1 The assessment of what a person can earn from work, as well as the assessment of whether a person is fully and permanently incapable of work, is based on an insurance medical and, where necessary, an occupational examination.
2 Where possible, the person concerned may, if possible, be taken into account, taking into account new qualifications obtained, but shall not be taken into account if the person concerned can actually obtain the work.
The term 'Labour' referred to in paragraph 2 shall be understood as all generally accepted labour to which the person concerned is capable of working with his powers and abilities.
4 For the purposes of this Article, it shall not be taken into account, which shall be or may be received for employment in the course of social employment as referred to in Article 1 (2). Chapter 2 or 3 of the Social Employment Act .
5 In the case of, or under any general measure of management, the first, second and third paragraphs, and Articles 2: 3 , 2: 4 and 2:37, second member , further and if necessary, different rules which may be different for different groups of young people with disabilities.
6 In the case of, or under general management, rules may be laid down in respect of a periodic review to determine whether the person concerned is fully and permanently incapable of work.
7 The proposal for a general measure of management to be adopted under paragraph 5 shall not be taken after the draft in the Official Journal of the European Union, on the basis of the fifth paragraph of Article 5 (1). It has been given an opportunity to bring forward wishes and concerns to our Minister within four weeks from 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.
8 In the assessment, referred to in the first paragraph, the insurance physician makes as much use of scientific insights that the assessment of what someone can earn with labor, as well as the assessment of whether someone is fully and permanently can support incapacity for work.
A general measure of management shall define the income per day for the purposes of this Chapter. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
1 The young handicapped person and the institution to which: Article 2:55 the income supply is paid out on request or without delay, on its own initiative, of any facts or circumstances, of which it must be reasonably clear to them that it may affect the right to employment support, the level of income or the payment of the income provision, including information included in the framework of re-integration, to the Implementing Institute for the insurance of workers. This obligation shall not apply where such facts and circumstances can be established by the Implementing Institute for the insurance of workers ' insurances pursuant to data which are certified as authentic under the law or which may be obtained from the date of the adoption of the Ministerial Arrangements to designate administrations. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
2 The young disabled person is required:
a. To comply with any call from the Employee Insurance Implementing Institute or from one or more persons designated by the Implementing Institute Workers ' Insurance to be present at any by or due to the Implementing Institute workers ' insurance to be determined in response to questions referred to in subparagraph (b), to cooperate in an investigation referred to in subparagraph (c) or to compliance with control rules, as referred to in subparagraph (d);
b. To answer any questions which may be received by the Employment Insurance Institution or by one or more persons designated by the Implementing Institute Workers ' insurances in respect of the right to employment support under this Law set;
c. to cooperate by being examined by the Workers 'Insurance Implementing Institute or by one or more persons designated for that purpose by the Implementing Institute for Workers' Insurance;
d. to ensure compliance with control rules adopted by the Implementing Institute, which are necessary for the proper implementation of this Act;
e. to make available to the Implementing Institute workers ' insurance in a document relating to it without delay upon request, as a reference in Article 1 (1), first paragraph, below 1 ° to 3 °, of the Identification Light Act ;
f. 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.
3 The obligations referred to in paragraphs 1 and 2 shall apply mutatis mutandis to:
a. The resident who has submitted an application for the right to labor support;
b. the person who has not reached the age of 18 yet and in respect of whom or for whom a re-integration instrument as intended in Article 2:20 , 2:22 or 2:23 has been granted or is being considered.
4 The obligations referred to in paragraphs 1 and 2 shall apply mutatis mutandis in respect of:
a. the re-integration undertaking which pursues employment-assurance activities under the contract; or
b. Persons who have been appointed with the consent of the Implementing Institute Workers ' Insurance by a re-integration undertaking referred to in subparagraph (b), to the extent necessary for the implementation of the Law or Agreement to this effect persons and legal persons entrusted with tasks.
5 The young disabled person who is entitled to employment support under this Chapter and who does not comply with re-integration obligations when participating in a re-integration task shall immediately inform the re-integration undertaking.
6 The resident who has submitted an application for labor support or the young disabled person entitled to labor support under this chapter are required to comply with the prescription given by the Implementing Institute workers ' insurance or the expert designated by him for the purpose of observation or residence in a designated establishment, provided that observation or stay in a designated establishment is necessary for the establishment of the extent of the labor restriction or contribute to healing or to preservation, recovery or promotion of the ability to perform work.
7 The employer for whom the Implementing Institute workers ' insurances are entitled to a pecunious reward for the work performed on the basis of Article 2:20 must, at the request of the implementing institute, pay the workers ' assurances on his or her own motion, without delay, of all the facts and circumstances of which he or she may reasonably have received such a request. It must be clear that they may have an impact on the award or the duration and level of the reduction.
1 The resident who has applied for the right to employment support and the young disabled person shall limit the existence of incapacity for work or reduced work capacity, to the extent that it may reasonably be expected of them.
2 The resident who has applied for entitlement to labor support is required:
a. to cooperate in drawing up the participation plan; and
(b) undergo adequate treatment of general medical standards for his illness or defect contributing to recovery or retention, restoration or promotion of the ability to perform work.
The duties, intended in the Articles 2: 7 , 2: 8 , 2:31 and 2:32 if the resident or young disabled person referred to in those articles has a legal representative, they shall be respected by that representative. To the extent that the duties can be complied with only by the resident or young disabled person, the legal representative shall promote such compliance.
In the case of a general measure of administration, detailed rules may be laid down for the Articles 2: 7 and 2: 8 .
1 For the purposes of this Chapter and the provisions based thereon, the following exclusion grounds shall be distinguished:
(a) freedom has been deprived of its freedom;
(b) evade the implementation of a custodial sentence or measure involving deprivation of liberty;
c. do not live in the Netherlands;
d. being a foreigner not lawful residence within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 ;
e. the attainment or achievement of the pensionable age specified in Article 7a, first paragraph, of the General old-age law .
2 In the case of a general measure of management, it may be determined that the ground of exclusion referred to in paragraph 1 (d) does not apply to aliens who, after having been lawfully resident within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legally residing in the Netherlands, as referred to in Article 8 (g) or (h) of the Aliens Act 2000.
1 By way of derogation from the Articles 2:15 and 2:16 is Article 2:11, first paragraph, part a , first of all, from the day when the person has been deprived of his freedom for one month, unless, on the day prior to the release of liberty, there is no right to employment support under Article 2:11, first paragraph, part b.
2 Article 2:11, first paragraph, part a , does not apply to categories of persons to be referred to in general measures involving the execution of a custodial sentence or detention order outside a judicial establishment.
3 For the purposes of applying the first paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
1 By way of derogation from the Articles 2:15 and 2:16 is Article 2:11, first paragraph, part c , first of all, from the first day of the month following that in which the young handicapped person moved outside the Netherlands.
2 The first member shall also apply to the young disabled person who has gone to live outside the Netherlands and to whom Article 1:2, third paragraph , applicable.
3 The Employee Insurance Implementation Institute may Article 2:11, first paragraph, part c , leaving or diverting from such an application, in so far as it applies, having regard to the importance of the end of the right to employment support if the young disabled person is going to live outside the Netherlands, will lead to an imfairness of the nature of the matter.
If for the purpose of determining entitlement to employment support under this Chapter, as part of an application for the award of the right to labor support under this Act, in the judgment of the Implementing Institute workers ' insurance is required for a medical examination and the person concerned does not cooperate in that investigation, remain out of any employment support entitlement under this Chapter, for as long as the entitlement to employment support cannot be determined.
1 The young disabled person shall be entitled to work support under this Chapter on application, if:
a. He has not been able to earn more than 75% of the standard of measure since the day on which he was a young disabled person;
b. No exclusion ground on him as intended Article 2:11 is applicable;
c. he has reached the age of eighteen years;
d. he has submitted the application, as referred to in the introductory sentence, on or after the date of entry into force of the Law of 3 December 2009 amending the Law on incapacity for work, young people with disabilities in connection with the promotion of participation of young disabled people through work and labor support (Stb. 580).
2 The right to work support under this Chapter shall be created on the day when the conditions referred to in paragraph 1 are fulfilled, but not earlier than 16 weeks from the day on which the application for entitlement to employment support, provided for in this Article, was submitted.
3 By way of derogation from the second paragraph, entitlement to employment support shall arise on the day on which the application for entitlement to employment support was submitted, if:
a. The young disabled person is fully and permanently incapable of work; or
b. the right to labour support on the basis of Article 2:17, first or second paragraph -He's alive.
4 Right to labour support does not arise, if this would enter into or after the day of entry into force of Article III, Section B of the Act of Import Participation Act .
5 By way of derogation from the fourth paragraph, entitlement to employment support may be restored on the basis of Article 2:17 or arose on the basis of Article 8:10, 4th paragraph .
1 The right to work support under this Chapter shall end:
a. Two months after the day when the young disabled person is able to earn more than 75% of the standard of measure;
b. on the day when there is an exclusion ground as intended in Article 2:11 is applicable;
(c) if the Implementing Institute decides to do so at its request; or
d. if the young disabled person dies.
2 By way of derogation from the first paragraph, subparagraph (a), entitlement to employment support of the young disabled person shall end not, unless the young disabled person earns at least 75% of the standard of measure after five years of employment. -
3 By way of derogation from the first paragraph, subparagraph (a) and the second paragraph, entitlement to employment support for the young disabled person shall end, on the day he has earned more than 100% of the minimum wage for one year of employment.
4 The right to work support does not end in accordance with paragraph 1 (a) or (a) or (3) or (3) (c) if the young disabled person uses a facility as referred to in Article 3 (2). Article 2:22, second paragraph, part a, b or d or 2:23, 1st Member .
1 If on the basis of Article 2:16, first paragraph, part a, second or third member , the right to labor support has ended, reliving on demand the right to labor support if the young disabled person is unable to account for more than 75% of the job, within five years of the day on which the right to labor support has ended. to earn a standard of measure and arising from the same cause as it was under which he was previously entitled to employment support.
2 If on the basis of Article 2:16, first paragraph, part b , no right to labor support anymore because on the person who had entitlement to labor support one or more exclusion grounds as intended Article 2:11, first paragraph, part a, b, c or d apply, relive upon application the right to work support where none of these exclusion grounds arises.
3 If entitlement to employment support has ended on the basis of Article 2:16, first paragraph, part c , relives the right to work support upon application by the juggled young disabled if no ground of exclusion is as intended Article 2:11 occurs. Entitlement to employment support shall not be re-established for more than one year from the date on which the right to employment support has ended.
1 By the date of the creation of the right to labour support, the Implementing Institute shall, in consultation with the young disabled person, draw up a draft participatory plan specifying the rights, obligations and consequences of employment. failure to comply with those obligations of the young disabled person and the conditions for entitlement to income support, intended to Article 2:39 , have been mentioned. If the young disabled person has full care of one to his last child up to five years, the draft participatory plan includes arrangements on how work and care can be combined. These agreements involve at least the opportunities for training and training. The participation plan shall be established after the fifth working day following the establishment of the draft participation plan.
2 The participation plan may provide for the use of the following instruments to enable the young disabled person to be employed:
a. a re-integration task as specified in Article 30a, eighth paragraph, of the Act structure implementing organisation work and income ;
b. Wage Dispensation as referred to in Article 2:20 ;
c. wage cost subsidy as referred to in Article 2:21 as of 31 December 2011;
d. Employment provision and provision to support the provision of employment to labour specified in: Article 2:22 and 2:23 ;
e. pilot placement as intended Article 2:24 ;
f. the offer of concrete generally accepted labor, intended in Article 30a, 2nd paragraph, of the Act structure implementing organisation work and income .
3 The Implementing Institute shall evaluate, in consultation with the young disabled person, the participation plan, periodically the participation plan, and, if necessary, draw up the participation plan.
The Staff Insurance Implementing Institute may also provide the young disabled person with an offer of concrete generally accepted labour as referred to in Article 3 (2). Article 30a, 2nd paragraph, of the Act structure implementing organisation work and income if it is not included in the participation plan.
1 If the employment performance of an employee entitled to employment support in a particular function, but not a function in which he is employed as an employed person within the meaning of the Social Employment Act or on an employment contract as intended in Article 7 of that Act, due to illness or lack clearly less than the work performance justifying a pecuniary reward of the statutory minimum wage for him, the Execution Institute reduces worker insurance. at the request of the employer or employee concerned, the amount of the claim to a financial remuneration for the labour carried out in proportion, by way of derogation from the provisions of and under the Law Minimum Wage and Minimum Holiday Report is determined.
2 Any clause whereby a pecunious reward for the work carried out is agreed below the remuneration shall be fixed by virtue of paragraph 1.
1 The Implementing Institution may provide employment insurance to the young disabled person or who is engaged in employment, but is not or will not be employed as an employee within the meaning of the Staff Regulations. Social employment law Whether such training or training in the context of the promotion of occupational integration is, or is going to follow, whether employment is carried out or is being carried out on a test site, with the exception of the young disabled person, who is employed as an employee within the meaning of the Social Employment Act, grant on request provision for the preservation, restoration or promotion of the provision of employment, the monitoring of training or training or the provision of employment That test site.
2 Under provisions as referred to in paragraph 1, the following definitions shall apply only:
(a) transport facilities intended to ensure that the young disabled person, as referred to in the first paragraph, is able to reach his place of work or a training site;
b. intermediate activities for the benefit of young disabled persons with a visual, auditory or motor disability;
(c) any possible means of establishment of the place of work, the methods of production and working, the establishment of the place of training or the place of work and the devices to be used in the work or training which, to the extent possible, are to be used the individual of the young disabled person referred to in the first paragraph are adapted; and
d. necessary personal support in the performance of the tasks entrusted to the young disabled person, where such support constitutes compensation for its limitations.
The Implementing Institute shall be able to grant to the young disabled person referred to in paragraph 1 the provision of transport facilities designed to improve his living conditions and which form part of or directly to the related to provisions referred to in paragraph 2 (a).
4 In the case of or under general management measure, detailed rules may be laid down in respect of this Article.
1 In the case of, or under general management, rules may be laid down under which the Implementing Institute shall, in the context of an application by the young disabled person, who carries out or is a selfemployed person, on the application of that measure, the promotion of the integration and support of employment as a self-employed person may provide provisions.
2 Provisions referred to in paragraph 1 shall only be granted in relation to a structural functional limitation, in the opinion of the Implementing Institute, which is the result of a disease or a disability, which:
(a) was present as a self-employed person at the start of the work; or
(b) within three years of the start of the work as a self-employed person, if an illness or a disability was already present at the start of the employment.
3 Provisions as referred to in paragraph 1 shall not be granted or shall be terminated if the income of the young disabled person performing such employment is after a number of calendar years after the date of application of the general management measure, after the date of the the commencement of employment as a self-employed person exceeds the amount to be fixed by that measure. The term 'income' referred to in the first sentence is also determined by the measure or by virtue of that measure.
1 The Implementing Institute of Workers ' Insurance may, in the context of the promotion of occupational integration, grant permission to the young disabled person who is entitled to employment support in order to be at a test site in an employer. for up to six months of unrewarded work.
2 The right to work support and the supply of income shall not be terminated during the performance of work carried out in a pilot place 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. activities to which the young handicapped person, as referred to in the first paragraph, 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 scheme for the young disabled person referred to in the first paragraph;
(c) work carried out by the young handicapped person referred to in paragraph 1, not previously unremunerated at a test site at the employer's or his predecessor's legal predecessor; and
d. work in which, in the opinion of the Workers 'Insurance Implementation Institute, there is a view on the same or larger scale of at least 6 months' employment on the unrewarded work.
4 If the activities referred to in paragraph 1 are interrupted because of illness, this period 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.
1 The Employee Insurance Implementing Institute may provide wage supplement upon request to the resident:
a. That is seventeen years;
b. that may not earn more than 75% of the standard of measure;
c. accepts or carries out that employment in service; and
d. whose wage is lower than his remaining earning capacity.
2 The pay supplementation is provided on periods in which wages are received from employment.
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 statutory provisions on contributions shall be considered to be a benefit under that law.
5 In the case of a general measure of administration, rules may be laid down regarding the amount of the wage supper.
1 The Employee Insurance Implementing Institute may provide income supplementation upon application to the resident:
a. That is seventeen years;
b. that may not earn more than 75% of the standard of measure;
c. performing or going to work as a self-employed person; and
d. whose income from the holding or occupation is lower than his remaining earning capacity.
2 Income supplementation is provided over periods in which the company or profession is exercised.
3 The income supplement is considered to be a benefit for the purposes of the legal provisions relating to the tax on contributions. Law for incapacity for the self-employed .
4 In the case of a general measure of management, rules may be laid down regarding the level of income supplementation.
In the case of a ministerial arrangement, detailed rules may be laid down in respect of the application for pay supplementation, Article 2:25 , of income supplementation, intended in Article 2:26 , the period within which such an application is submitted, as well as the legal effects attaching to that time limit, and the application for the provision of facilities, as referred to in Article 2 (1), Articles 2:22 and 2:23 and of consent as referred to in Article 2:24 .
If the Implementing Institute is to provide employment insurance for a young disabled person who is entitled to work support activities by a re-integration company, Article 30a, sixth and seventh member, of the Act implementing organisation work and income applicable mutatis mutandis.
1 By ministerial arrangement rules may be laid down concerning the grant of a subsidy to a legal person to be provided by the Implementing Institute to a legal person who, in the course of the exercise of profession or business by training, shall be entitled to inaction of young disabled persons with serious training obstacles in the labour market.
2 In the case of the grant of the grant referred to in paragraph 1, obligations may be imposed on the subsidy recipient of the use of a registration system which indicates whether the purpose of the grant has been attained.
The 2:18 until 2:20 , 2:21 as of 31 December 2011, and 2:24 shall not apply to the young disabled person who is fully and permanently incapable of work.
1 The young disabled person who is entitled to labour support is obliged to try to maintain or obtain, to a sufficient extent, possibilities of carrying out generally accepted work.
For the purpose of complying with the obligation referred to in paragraph 1, the young disabled person who is entitled to labour support shall, in any event, be required to:
a. Medical treatment or instructions from a doctor if the Implementing Institute gives contract to workers insurance or the re-integration undertaking under contract of the Implementing Institute workers insurance to that end and the treatment or designation contributes to healing or to preservation, restoration or promotion of the ability to perform work, and not to impede his healing;
b. to cooperate in drawing up the re-integration plan, referred to in Article 30a, 6th paragraph, of the Act implementing organisation work and income ;
c. to comply with obligations included in the re-integration plan referred to in Article 30a, 6th paragraph, of the Act implementing organisation work and income .
3 The obligations, referred to in the first and second paragraphs, shall not apply to the person who has a service as referred to in Chapter 2 or 3 of the Social Employment Act or who, in the opinion of the UWV, is not in a position to carry out generally accepted labour.
1 The young handicapped person who is entitled to work support and has not fully used his remaining earning capacity shall be obliged to register with the Implementing Institute workers ' insurances as a person seeking work if he/she agrees to do so; right granted on the basis of Article 30b, 1st paragraph, of the Act structure implementing organisation work and income and the Employee Insurance Implementing Institute instructs him to do so. The obligation, referred to in the first sentence, does not apply to the young disabled person who has a service as referred to in Article 3 (1). Chapter 2 or 3 of the Social Employment Act or who, in the opinion of the UWV, is not in a position to carry out generally accepted labour.
2 The young disabled person who is entitled to work support and employment in employment is obliged to:
a. to refrain from reprovable behavior that can be regarded as an urgent reason within the meaning of Article 678 of Book 7 of the Civil Code ;
(b) not to have the employment terminated by, or at his request, without any objections being raised in such a manner that it could not reasonably be required of him.
3 The failure of the young disabled person referred to in paragraph 2 to oppose or agree to termination of employment by or at the request of the employer shall not lead to an infringement of the obligation referred to in the second paragraph. member, introductory wording and part (a).
4 In this chapter, generally accepted labour means generally accepted labour, to which the person concerned is capable of being able to work with his powers and abilities.
1 In the case of a general measure of administration, detailed rules may be laid down regarding the Articles 2:31 and 2:32, first and second members .
2 By ministerial arrangement rules may be laid down whereby certain groups of young people with disabilities are exempt from obligations under the conditions of Article 2:31 imposed.
The Articles 2:31 and 2:32, 1st Member , do not apply to the young disabled person who is completely and sustainably incapacitated.
The Employee Insurance Implementing Institute may lay down control rules. These rules shall not go beyond what is strictly necessary to ensure the correct implementation of this Chapter.
1 The Implementing Institute shall establish employee insurance, taking into account: Article 2: 5 and the provisions based thereon, the remaining earning capacity of the young disabled person who:
a. has been entitled to labour support for a period of at least seven years;
b. The age of 27 has reached; and
c. is not fully and sustainably incapable of work.
2 By way of derogation from the first paragraph, the Implementing Institute shall establish employee insurance, taking into account: Article 2: 5 and the following provisions, at the request of the young disabled person, the remaining earning capacity shall be fixed if:
(a) he has been entitled to labour support for a period of at least five years;
b. having received income from labour during a continuous period of five years corresponding to its remaining earning capacity; and
c. there is no perspective on further improvement of the earning capacity.
3 Without prejudice Article 2:5, second paragraph , in determining the remaining earning capacity referred to in paragraphs 1 and 2, account shall be taken of the situation of the young disabled person using the facilities provided for in this Regulation. Article 2:22 can earn.
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 young disabled person who is entitled to labour support receives income support on demand from the day on which the application was submitted, but not for the day on which the right to work support arises.
2 By way of derogation from paragraph 1, the young handicapped person shall receive the income support provided for in paragraph 1, not earlier than the day from which the young handicapped person satisfies the conditions laid down in the third and fourth paragraphs.
3 The young disabled person entitled to employment support shall receive income support as referred to in the first paragraph if and as long as he:
a. participating in activities or activities aimed at the occupational integration of employees, which the Implementing Institute considers desirable for the provision of employees ' assurances for the acquisition of opportunities for the provision of generally accepted labour.
b. participating in the adaptation of the workplace and the personal services provided by the Implementing Institute for the provision of workers ' assurances for the acquisition of possibilities of performing generally accepted labour and, if necessary, which are to be adjusted and those provisions to be obtained;
(c) cooperate in drawing up the participation plan;
d. satisfies the obligations laid down in the participation plan;
e. Work shall be carried out generally when given the opportunity to do so;
f. to a sufficient degree attempt to obtain generally accepted labour;
g. does not impose requirements in relation to labor to be performed by him which impede the acceptance or acquisition of generally accepted labour.
4 The young disabled person who does not fulfil the condition referred to in paragraph 3 (e) shall not receive any income support until such time as he is engaged in generally accepted labour.
5 The term "work" referred to in paragraph 3 (e), (f) and (g) shall be understood to mean all generally accepted labour to which the person concerned is capable of working with his powers and abilities.
6 The terms and conditions referred to in the third and fourth paragraphs shall not apply to the person who has a service as referred to in Chapter 2 or 3 of the Social Employment Act or who, in the opinion of the UWV, is not in a position to carry out generally accepted labour. For the purposes of paragraph 3 (a), employment shall not be considered to be in employment on the basis of a service referred to in Chapter 2 or 3 of the Social Employment Act.
7 By or under a general measure of administration, rules may be laid down for the purpose of temporarily exempting young handicapped persons who are entitled to employment support in individual cases from the condition set out in the the third paragraph, part e, f or g.
1 The income support, for the purpose of Article 2:39, first paragraph , shall be per day:
a. In the case of an income per day of less than 20% of the minimum wage: 0,55 * G;
b. in the case of an income per day of at least 20% of the minimum wage but less than 70% of the minimum wage: 0,55 * G-0,5 * (I-0,2 * G); and
c. In the case of an income per day of at least 70% of the minimum wage: G-I,
where G stands for the basis and I for income per day.
2 If the young disabled person shows that he cannot be accused of having an income per day of less than 20% of the minimum wage, by way of derogation from the first paragraph, the income support is per day: 0,75 * G-I, where G stands for the basis and I for income per day.
1 By way of derogation from Article 2:40, first paragraph , income support is to be found in: Article 2:39, first paragraph -of the young disabled person who Article 2:37 has been reassessed, per day:
a. If the young disabled person has a residual earning capacity of less than 25% of the base:
1 ° 0,75 * G, if the income per day is lower than the remaining earning capacity; and
2 ° G-I, if the income per day is at least equal to the remaining earning capacity; and
(b) if the young disabled person has a residual earning capacity at least equal to 25% of the base:
1 ° 0,75 * G + 0,25 * G * I/R-I, if the income per day is lower than the remaining earning capacity; and
2 ° G-I, if the income per day is at least equal to the remaining earning capacity,
where G stands for the basis, I for income per day and R for the remaining earning capacity.
2 In paragraph 1 (b), I/R shall be equal to 1.
1 The income support, for the purpose of Article 2:39, first paragraph Of the young disabled person, who Article 2:37 has been reassessed, with regard to whom pay dispensation as intended in Article 2:20 , is obtained and that necessary personal support as intended in Article 2:22, second paragraph, part d , enjoy, or would have enjoyed, if the young disabled person would not already benefit from this support under another scheme, is by way of derogation from Article 2:41 , per day:
a. In the case of any residual earning capacity of less than 45% of the base:
1 ° M-I, but not more than 0,75 * G, if the income per day is lower than the remaining earning capacity; and
2 ° G-I, if the income per day is at least equal to the remaining earning capacity; and
b. In the case of any residual earning capacity at least equal to 45% of the base:
1 ° 0,75 * G + (L-0,75) * G * I/R-I, if the income per day is lower than the remaining earning capacity; and
2 ° M-I, if the income per day is at least equal to the remaining earning capacity,
where G stands for the basis, I for the income per day, R for the remaining earning capacity, L for the labour which the young disabled person carries out legally applicable earnings per month divided by G and M for the work that the labour Young handicapped person who has been disabled in law divided by 21,75, where M is not more than 1,2 * G.
2 In paragraph 1 (b), L shall be at least 1 and a maximum of 1,2 and shall be a maximum of 1.
3 The first paragraph shall also apply in respect of the young disabled person who:
a. No more guidance in his workplace has as intended in Article 7, first paragraph, part b, of the Social Employment Act But with regard to who does pay dispensation as intended Article 2:20 , has been obtained, as long as he remains active in the service for which such guidance had been obtained; or
b. Do not enjoy any necessary personal support as referred to in the first paragraph, but with regard to who does not have a wage dispensation as referred to in the Article 2:20 , has been obtained, as long as he remains active in the service for which that personal support had been obtained.
1 By way of derogation from the Articles 2:40 , 2:41 and 2:42 receives the young disabled person who is entitled to labor support, income support as intended Article 2:44 :
a. if he is entitled to a student funding based on the Law for the 2000 financial year ;
b. if he is entitled to a financial provision as intended by Article 7.51, First paragraph, of the Law on Higher Education and Scientific Research ;
c. if he is entitled to a concession on the basis of Chapter 4 of the Act of Concession Education Contribution and School Costs ; or
d. if the insured person is within the meaning of the General Child by-entry law is entitled to child benefit on the basis of Article 7, second paragraph, part a or subparagraph b of that Act .
2 The first paragraph shall apply mutatis mutandis where the young handicapped person is not entitled by his or her action or omission as referred to in paragraph 1 (a) to (c) or by the action or omission of the young disabled person, or Insured person referred to in paragraph 1 (d), that insured person has no claim as referred to in paragraph 1 (d) of the present paragraph.
3 The Articles 2:31, first paragraph, second paragraph, parts b and c, and third member , 2:32 and 2:39, second, third and fourth member , the date of application of a ministerial arrangement shall not apply to the young disabled person referred to in the first paragraph.
The income support provided in Article 2:43 shall be per day:
a. In the case of an income per day of not more than 25% of the minimum wage: 25% of the basic minimum wage; and
b. In the case of an income per day of more than 25% of the minimum wage: (0.25 * G)-(I-0.25 G) where G stands for the basis and I for the income per day.
1 The young disabled person who is entitled to labour support and is fully and permanently disabled receives a benefit, unless he is entitled to income support as intended in Article 2:43 .
2 Article 2:39 does not apply to the young disabled person who is completely and permanently incapable of work.
1 The allowance referred to in Article 2:45 , shall be per day:
a. In the case of an income per day of less than 20% of the minimum wage: 0,75 * G-I;
b. in the case of an income per day of at least 20% of the minimum wage but less than 70% of the minimum wage: 0,55 * G-0,5 * (I-0,2 * G); and
c. In the case of an income per day of at least 70% of the minimum wage: G-I,
where G stands for the basis and I for income per day.
(2) If the complete and durable incapacity for work during a continuous period of 12 calendar months per day is subject to an income exceeding 20% of the standard of measure, the Implementing Institute shall call on workers ' insurances to Young handicapped person for an investigation into the survival of complete and lasting incapacity for work.
3 The second paragraph shall not apply to groups to be determined under a ministerial arrangement which are wholly and permanently incapacitated for work.
1 The Implementing Institute workers ' insurances shall establish or have the right to labour support on the basis of Article 2:15 will be created
2 Under ministerial arrangements, rules may be laid down concerning the information provided by the young handicapped person on the application.
The Execution Institute shall establish or claim income support as referred to in Article 4 (1) of the Treaty. Article 2:39, first paragraph It exists.
1 The income provision is paid by the Employee Insurance Implementation Institute. Payment shall be made in periods of one month.
2 The Implementing Institute shall suspend or suspend the payment of income from the payment of income, if it considers, on the basis of clear indications, whether it has reasonable grounds for suspecting that:
a. The entitlement to the income supply is no longer or no longer exists;
b. entitlement to a lower income supply exists;
c. the young handicapped person or his legal representative is an obligation as intended in the Articles 2: 7 , 2: 8 , 2:31 or 2:32 not properly fulfilled or not properly fulfilled;
d. an institution as specified in Article 2:55 an obligation as specified in Article 2: 7 , not properly, or not properly fulfilled.
3 If the income provision referred to in paragraph 1 is paid abroad, the payment shall be 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 If the young handicapped person who has been granted an income in order to receive an allowance for income is subject to a right of authorization granted, the effect shall be taken as a result of a period of payment, after the date of receipt of the authorisation by the Workers ' Insurance Institution, the other on which notification is communicated, but not later than the first day of the second month after the date of receipt of such authorisation. the day of the submission of the communication.
1 A revision of an income provision resulting from a revision of the minimum wage base takes place without the adoption of a decision.
2 The Employee Insurance Implementing Institute shall pay the revised income provision, referred to in paragraph 1, upon the next payment after the basis of the minimum wage has been revised.
If the young handicapped person who receives an income under this chapter and who is only able to earn less than 20% of the standard of his/her income by work, is in a permanent or temporary permanent state of auxiliary care which makes regular adjustments and care necessary, shall increase the supply of income for the duration of that aid by multiplying not less than the factor of 100/75. The first sentence does not apply, if the young disabled person is included in an establishment and the cost of residence is borne by health insurance or insurance for sickness benefits.
1 The young disabled person who belongs to a category to be determined by ministerial arrangement shall be entitled to a concession.
2 The concession shall be provided in addition to the supply of income.
3 At ministerial level, rules shall in any case be laid down regarding the amount of the concession and the payment of the concession.
4 The concession shall be paid without having been adopted by decision.
5 The payment of the concession shall take place within one month of the adoption of the right to the concession and shall then be made in accordance with the same time-limits as that in which the payment of the income is effected.
1 The young disabled person, who is entitled to income in one month, is entitled to a holiday allowance for that month.
2 The holiday allowance amounts to 8% of the amount of income to which entitlement was granted. Payment of the holiday benefit will take place once a year during the month of May, or, if the right to employment support ends earlier than in the month of May, in the month in question.
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 2. The amended rate shall be taken into account on the income on which the period of the change is due to the date on which the amendment goes into effect.
4 The payment of the holiday fee shall be paid without it being determined by decision.
5 In the case of ministerial arrangements, detailed rules may be laid down in respect of the first paragraph.
6 The first, up to and including the third paragraph, shall apply mutatis mutandis to the death allowance referred to in Article 2:56 .
1 If the young disabled person who has been granted an income benefit is entitled to provide or benefit from care as referred to in the Long-term care law and under that law a contribution to that care is due, the Implementing Institute shall be responsible for providing workers with responsibility for providing income support up to the amount of that contribution, rather than to the young disabled person without its authorisation. pay to the Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
2 If the young handicapped person, to whom an income is granted, is included in an establishment for the care of the mentally ill or of the mentally retarded, and the implementing institute workers ' insurance of the relevant establishment or of the institution The Board of Mayor and of the municipality of the municipality which pays the recording costs, receives the request to pay the income provision to that establishment or to that municipality, may the Implementing Institute workers ' insurance that do not have To comply with other conditions.
(3) Where the first paragraph is applied, the jurisdiction referred to in paragraph 2 shall apply to the part of the income reserve, which shall not be paid to the Netherlands Zorginstitute.
4 A review of the payment of the income provision under paragraph 1 as a result of a change in the fee due shall be made without the decision being made by decision.
1 Is an address in the Netherlands known to the claimant or recipient of an income provision at the Insurance Institution for the purpose of providing workers with an address 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 income supply to the person, to whom the income is granted, the wage-making provision of workers.
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 income provision to stay abroad, or an address in the Netherlands is included in the basic registration persons.
1 After the death of the young disabled person, to whom an income is granted, the income in the form of an death allowance shall be paid as from the day following the death:
a. to the long-living of the spouses;
b. in the absence of the person referred to in subparagraph (a), to the minor children to whom the deceased person was in the family-related relationship;
c. in the absence of persons referred to in parts (a) and (b) to those with whom the deceased was living in a family context.
2 The amount of the death allowance shall be equal to the amount of the income provision for one month but not to the Saturdays and Sundays, calculated according to the amount of that income on the day or last for the day of death of the person concerned. Young handicapped.
3 In connection with the death of the young disabled person to whom an income is granted, Article 2:11, first paragraph, part e , 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 is reduced by the amount of income that has already been paid over the days of death.
Income provisions under this chapter which 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 Implementing Institute shall review and take decisions under this Chapter, if:
a. as a result of non-compliance with the Articles 2: 7 , 2: 8 , 2:31 and 2:32 the right to employment support under this chapter cannot, or no more, be established or wrongly determined whether an income provision has been wrongly fixed at an excessive amount;
b. The provision of a provision as referred to in Article 2:22 , 2:23 , 2:25 or 2:26 has been wrongly or has been granted an excessive amount;
c. Otherwise, the right to labour support has been wrongly determined or an income provision has been fixed up to an overpayment.
2 Where a provision as referred to in Article 2:23 in the form of a grant, the Implementing Institute shall amend or withdraw the grant of workers from the grant or withdraw the grant if there is a circumstance as in the case of: Article 4:49, first paragraph, part a, b, or c, of the General Administrative Law Act .
3 If there are compelling reasons for this, the Implementing Institute may dispense with all or part of the employee insurance scheme or the revocation.
1 An income paid unowed pursuant to this Chapter, resulting from a disposition as referred to in Article 4 (1) of the EC Treaty. Article 2:58 the Implementing Institute has unduly paid or provides employment insurance, and has otherwise unduly paid, the Implementing Institute shall recover employee insurance.
2 By way of derogation from paragraph 1, the Implementing Institute may decide to waive recovery or further recovery, where the person from whom shall be recovered:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
3 The time limit set out in paragraph 2 (a), (b) and (c) shall be 10 years if recovery is the result of failure or failure to comply with the obligation laid down in Article 4 (2) of the Treaty. Article 2:7, first paragraph .
4 The period referred to in paragraph 2 (a) and (b) shall be three years if:
a. the average income of the person from whom is recovered in that period the impound foot, intended for the purposes of 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 2: 7 -First member.
5 If there are compelling reasons for this, the Implementation Institute may decide to waive recovery of all or part of the recovery.
6 The person from whom recovery is to be recovered shall provide, upon request, the information to be supplied to the Insurance Institution for the purpose of recovery of the information necessary for the recovery of the goods.
7 The Implementing Institute shall be able to waive recovery decisions under conditions to be laid down under a ministerial arrangement where the amount to be recovered does not exceed a amount to be fixed by ministerial order. is going.
1 The Employee Insurance Implementing Institute may include the unindebted income provision referred to in Article 2:59, first paragraph ...........
2 Article 3:43 shall apply mutatis mutandis, except that if the average income of the person for a period of three years is the attachment of the identity of the identity of the person concerned, 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.
3 Article 3:44 shall apply mutatis mutandis.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 2:59 the Implementing Institute may, at the request of the person from whom recovery is recovered, decide to waive recovery or part of the recovery in part from further recovery in the case of co-operation of a debt scheme, where:
a. It is reasonable to foresee that the person from whom recovery is to be recovered shall not be able to continue to pay his debts or if he is in the condition that he or she 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 ; and
d. It is likely that cooperation in a debt scheme does not distort competition;
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 if a claim arose from failure to comply with the person from whom it is recovered from the obligation to Article 2: 7 , and for this a fine has been imposed as intended in Article 2:69 , or in respect of failure to comply with that obligation, has been declared on the basis of the Penal code .
3 The decision to waive recovery or the partial waiver of recovery is to be withdrawn or to the detriment of the person whose recovery is to be recovered 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 from whom recovery is to be debt to the Employee Insurance Implementing Institute does not comply with the debt settlement; 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.
A claim from the Employee Insurance Implementing Institute as referred to in Article 2:59 and 2:62 is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 An income based on this chapter and a provision as referred to in the Articles 2:22 , 2:23 , 2:25 or 2:26 are inalienable and not susceptible to forage or belening.
2 Power to receive an income under this chapter under whatever form or name is given, is always revocable.
3 Each clause, contrary to this Article, shall be null and void.
The devices specified in the Articles 2:22 , 2:23 , 2:25 and 2:26 , the increase referred to in Article 2:51 , as well as the death allowance referred to in Article 2:56 They're not susceptible to seizure.
1 A fine imposed on the basis of the General Child by-entry law , the General Survivors Act , the General Old-age Law , the Supplements Act , the Unemployment law , the Law on income provision older and partly incapacitated self-employed workers , the Income Provision of the elderly and partially unemployed unemployed workers , the Income Provision of the older unemployed , the Law employment and income to work or the Disease law , which can be settled with a benefit under this law, can also be settled with an income-based provision.
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.
1 The Implementing Institute shall refuse, in whole or in part, permanently or temporarily, an income provision under this Chapter, if:
a. the young handicapped person's obligations as specified in the Articles 2:7, second to sixth paragraphs , 2: 8 , 2:31 and 2:32 not properly fulfilled or not properly fulfilled;
b. the young handicapped person, the obligation to Article 2:7, first paragraph , has not been fulfilled within the time limit set by the Implementing Institute for the insurance of workers.
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 2:7, first paragraph If the failure to comply in time of the obligation has not resulted in an income being wrongfully or up to an excessive amount, unless it does not comply in time with the obligation to take place within a period of two years. counting from the date on which the warning has previously been issued to the person concerned.
3 If there are compelling reasons for doing so, the Implementing Institute may decide to waive the imposition of a measure.
1 A measure as referred to in Article 2:67 be adjusted to the seriousness of the behaviour and the degree to which the young handicapped person can become known to conduct the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
2 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as referred to in Article 2:69 shall be imposed.
3 In the case of, or under general management, detailed rules are laid down in respect of the first paragraph, where at least the cases where the Implementing Institute may waive worker insurance may be governed by the imposition of a a measure.
1 The Implementing Institute shall impose an administrative fine of up to the amount of the penalty for failure or failure to comply properly by the young handicapped person or by his legal representative of the obligation, in accordance with Article 2:7, first paragraph . 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 2:7, first paragraph , erroneously or up to an excessive amount of income received.
3 If it is not or is not properly fulfilled by the young disabled person or his legal representative of the obligation, Article 2:7, first paragraph , has not resulted in a benemable amount, or if an employer as referred to in Article 2:7, seventh paragraph, does not properly comply with the obligation referred to in Article 2:7, seventh paragraph, the Implementing Institute shall provide employee insurance with a administrative penalty of up to the amount of the second category referred to in the second category 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 Young handicapped person or his legal representative of the obligation to Article 2:7, first paragraph Unless the obligation to comply with the obligation not properly or not properly takes place within a period of two years from the date on which the young handicapped person or his legal representative has been given such a warning.
5 The Workers ' Insurance Implementing Institute imposes an administrative penalty for failure to comply or not properly by the young handicapped person or by his legal representative of the obligation, Article 2:7, first paragraph , as a result of which an amount of cash has been wrongly received or up to an excessive amount of income, up to a maximum of 150% of the amount of relief if, within a period of five years prior to the date of the offence of the offence, a previous administrative fine or criminal penalty has been imposed on 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 to be fulfilled is not to be properly fulfilled. Article 2:7, first paragraph , or Article 12 of the Toeslagenwet , as a result of which an excessive amount of income or surcharge 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 offence referred to in paragraph 5, the young handicapped 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 administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the Court may, on appeal or appeal, alter the amount on which the administrative fine was determined also to the detriment of the young disabled person or his legal representative.
13 The Articles 3:43 to 3:44a shall be applicable mutatis mutandis to an administrative fine imposed on the basis of this Article.
1 Incapacitated for work, in whole or in part, within the meaning of this Chapter, is the person who, as a direct and objective medical person, is wholly or partially incapable of working with work as a result of sickness, defects, pregnancy or childbirth. to earn a healthy person, with similar training and experience, on the spot where he lives or usually earns from working in the environment.
2 The person who, on the day he is resident, is partially incapacitated for work within the meaning of paragraph 1 shall be regarded as wholly or partly incapacitated for the claims of his/her entitlement to his/her entitlement if he/she is unfit for work. as a directly and objectively medically determined consequence of illness, defects, pregnancy or childbirth is wholly or partially unable to earn labour, which is similar to those who are incapable of working in the same way. the meaning of the first paragraph, on the spot where he lives or in its surroundings, with labour usually earn.
3 If the incapacity for work within the meaning of the first paragraph, present on the date referred to in the second paragraph has subsequently been subsequently taken, the second paragraph shall then apply by analogy, except that for the day on which the person concerned is resident shall replace the date on which the incapacity for work in the sense of the first member has been taken.
4 The second and third paragraphs shall not apply where the person concerned at the time of his residence was less than 17 years old and he is resident during the six years immediately preceding the day on which he is 17 years old has been.
5 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 being capable of being capable of working with his powers and abilities.
6 When determining the degree of incapacity for work, no account is taken of whether the person concerned can actually obtain the work.
7 For the purposes of this Article, no account shall be taken of, which shall be or may be received for employment in the course of social employment as referred to in Article 3 (2). Chapter 2 or 3 of the Social Employment Act .
8 In the case of, or under general management, rules may be laid down in relation to the first to seventh paragraph and, where appropriate, to different rules.
9 The proposal for a general measure of management or ministerial arrangement to be adopted pursuant to paragraph 8 shall not be taken after the draft in the Official Journal has been published and each has the opportunity to do so. to bring to the attention of our Minister four weeks after the day on which the publication is made, wishes and reservations. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
10 In the assessment of incapacity for work, as referred to in this Chapter, the insurance physician shall use scientific knowledge as much as possible to support the assessment of incapacity for work.
A young disabled person within the meaning of this chapter shall be the resident who:
a. on the day of becoming incapacitated for 17 years;
(b) after the day referred to in subparagraph (a), becomes incapacitated and, in the year immediately preceding the day on which the incapacity for work has occurred, was at the same time studying for a period of at least six months.
1 The young disabled person is entitled to receive incapacity benefit as soon as he has taken up a period of 52 weeks, immediately following the Article 3:2 (a) or (b) If he is unfit for work after the end of that period, he may have been incapacitated for work.
2 For the purpose of determining the 52-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 connected with the same period of work. at a period of time in which allowance is made for pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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.
3 The right to incapacity benefit also applies to the young handicapped person who, at the end of the 52-week period referred to in the first paragraph, is not incapable of work, but in respect of whom it is the case within four weeks of incapacity for work. at the end of that period.
4 For the purpose of determining the 52-week period referred to in paragraph 1, the periods of time, during which the young handicapped person would have been entitled to sickness benefit on the basis of the Disease law If he would have been insured under that law.
For the purposes of application of the first to third paragraphs, the person who is incapacitated for work and the young disabled person who benefits as referred to in paragraph 2 shall not be regarded as incapacity for work.
6 Entitlement of incapacity for work does not take place as of one day, situated before the date on which the person concerned reaches the age of 18.
7 Granting of the Article 1:2, third paragraph The person concerned shall not take place earlier than with effect from the day he lives in the Netherlands.
1 No right to incapacity benefit has the foreigner who does not hold lawful residence within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
2 A general measure of administration may derogate from the first paragraph in respect of foreign nationals who, after having been lawfully resident in the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legally residing in the Netherlands, as referred to in Article 8 (g) or (h) of the Aliens Act 2000.
1 The young handicapped, for the purpose of Article 3: 3 , 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 3:5a in respect of that right to benefit, it is situated in a period which has been deprived of his freedom of law.
2 The young handicapped person, who is not entitled to incapacity benefit under the first paragraph, shall be entitled to incapacity for work from the day he is placed in freedom in accordance with the provisions of this Law. if he is unfit for work on that day. Article 3:3, fifth 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 Having regard to the provisions of this Law also has the right to incapacity benefit, the young handicapped person referred to in paragraph 2, who is not incapable of work on the day referred to in that paragraph, but in respect of whom it may be Case is within four weeks after that day. Article 3:3, fifth paragraph , shall apply mutatis mutandis.
5 The first paragraph shall not apply, and the second paragraph and fourth paragraph shall apply mutatis mutandis to categories of persons to whom enforcement of a custodial sentence or detention order is subject to a general measure of management. measure outside a judicial establishment.
The young disabled person, intended to Article 3: 3 , does not have the right to incapacity benefit if and for as long as he would enter on the day on which entitlement to incapacity benefit would go into effect, and thereafter from the execution of a custodial sentence or custodial sentence measure.
1 The young handicapped, for the purpose of Article 3: 3 , does not have the right to incapacity benefit if he is the application, Article 3:28 , submitted for the first time on or after the date of entry into force of the Law of 3 December 2009 amending the Law on incapacity for work, young people with disabilities in relation to the promotion of the participation of young people with disabilities by work and labor support (Stb. 580).
2 The young handicapped, intended in Article 3: 3 , if he had not reached the age of 17 years on the date of entry into force of the Law of 3 December 2009 amending the Law on incapacity for work young disabled persons, he/she in relation to promoting the participation of young disabled people through work and labour support (Stb. 580).
1 The incapacity benefit is calculated on the basis of the minimum wage.
2 The minimum wage referred to in paragraph 1 is the minimum wage per month, as defined in paragraph 1. 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, third paragraph, of the said Act, divided by 21,75.
3 A revision of the benefit resulting from a revision of the minimum wage base takes place without the adoption of a decision.
4 The Employee Insurance Implementing Institute shall pay the revised benefit referred to in paragraph 3 at the next payment of benefit after the basis of the minimum wage has been revised.
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.
1 By way of derogation from Article 3:8, first paragraph The incapacity allowance per day of incapacity for work is 80% or more 75% of the base, if the young disabled person has no opportunities for participation in the labour force.
2 In a sustainable way, the situation is understood to mean that the potential for participation in the labour market cannot be developed.
3 The young disabled person who has no opportunities for labour force participation on 1 January 2018 is deemed to have no opportunities for employment participation on that day.
4 In the case of, or under general management, detailed rules may be laid down in respect of the first and second members.
5 In the case of, or under general management, rules may be laid down in respect of a periodic review to determine whether the person concerned has no possibility of participation in the labour force on a lasting basis.
Incapacity benefit, calculated as an incapacity for work of 80% or more, is provided, if the young handicapped person is in a condition of a temporary nature, which is at least temporarily permanent, which requires regular application and care, for the duration of that aid, increased to a maximum of its base. The first sentence does not apply, if the young disabled person is included in an establishment and the cost of residence is borne by health insurance or insurance for sickness benefits.
1 The young disabled person who belongs to a category to be determined by ministerial arrangement shall be entitled to a concession.
2 The concession shall be provided in addition to the incapacity for work.
3 At ministerial level, rules shall in any case be laid down regarding the amount of the concession and the payment of the concession.
4 The concession shall be paid without having been adopted by decision.
5 The payment of the concession shall take place within one month of the adoption of the right to the concession and shall then be made in accordance with the same time-limits as for the payment of the incapacity for work.
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 on the day when a person became resident;
(b) incapacity for work, which has occurred within half a year of the date on which a person became resident, and the state of health of that person, at that time, appears to have taken place within half a year of the incapacity for work Expect to be expected;
c. incapacity for work which existed on the first day when a person was a student as intended Article 1:4, first paragraph ;
d. incapacity for work, which has occurred within a period of six months from the date on which a person became a student, whereas the state of health of that person is manifested at that time of taking into account the incapacity for work within half a year to expect to do.
The power referred to in paragraph 1 (b) and (d) extends to the increase in incapacity for work, to the extent that such an increase appears to have arisen from the same cause of the incapacity for work which occurred within half a year of incapacity for incapacity for work. years after the initiation of the study, the initiation of the study has been initiated.
3 The first and second paragraphs shall continue to apply in respect of the young disabled person if, on the day he became resident, he was under the age of 17 and he during the six years immediately preceding the day on which he was 17 years old has been resident.
4 As long as the Implementing Institute does not qualify for workers ' insurance on the basis of the first or second paragraphs of incapacity for work, Article 3:1, 2nd paragraph , mutatis mutandis, to the claims of the young disabled person to that law, except that for the day or time referred to in paragraph 1, the day shall enter into the place of the day from which it is to be Implementing institute workers ' insurance non-eligible incapacity for work.
If, for the purpose of determining entitlement to benefit under this law, in the context of an application for the award of a benefit under this law, in the opinion of the implementing institution workers ' insurances a medical If the person concerned does not cooperate in the investigation, any claims arising under this law shall not be taken into account under this law until such time as the right to benefit cannot be established.
1 The incapacity benefit is reviewed when the young handicapped 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 3:14 to 3:17 .
3 The incapacity allowance of the young handicapped person taking part in a training or training required to him is not reviewed during such training or training in relation to any resulting withdrawal from the incapacity. If the young disabled person acquires income during the course of training or education, Article 3:48, 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 3:16 and 3:17 , 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.
The second paragraph shall not apply to the person who, in the course of the year immediately preceding the date of entry into force of the aggravation of the incapacity for work, was six or more months old as intended for the purpose of the increase in the number of years of age. Article 1:4, first paragraph, part b .
For the purpose of determining the 52-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 connected with the same period of work at a period of time in which allowance is made for pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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 determination of the 52-week period, periods during which pregnancy or childbirth allowance are provided under Article 3:7, first paragraph, 3:8, 3:10, first paragraph, 3:18 or 3:30, first paragraph, of the Act of Work and Care shall be enjoyed; No account.
5 Periods of residence outside the Netherlands in which the incapacity for work has been increased are taken into account for determining the 52-week period referred to in paragraph 1.
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 3:16 , 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 3:14 .
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 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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 adoption of the first mentioned four-week period, periods of periods of benefit in connection with pregnancy or childbirth under section 3:7, first paragraph, 3:8, 3:10, first member, 3:18 or 3:30, first paragraph, of the Act of Work and Care is enjoyed, out of consideration.
4 Periods of residence outside the Netherlands in which the incapacity for work has been increased are taken into account for determining the four-week period referred to in the first and second paragraphs.
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, revised or reenviable, subject to an increase in incapacity for work, Article 3:29, 2nd paragraph , below Article 3:31, 2nd paragraph The following shall apply for the purposes of subparagraph (a) and (b) of subparagraph (a) and (b) of the first paragraph of which entitlement to incapacity benefit has been reconsidered or redeemed, the day from which the benefit would have been granted; If Article 3:29, second paragraph, the second paragraph of Article 3:31, second paragraph, would not have been applied, he would have been reenliaed.
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 3:28, 6th 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 take place only for the benefit of the young disabled person who, on the resumption of employment, is less than proportional to his or her remaining employment.
For the purposes of the first paragraph, periods of residence outside the Netherlands in which the incapacity for work have increased, shall be taken into account.
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 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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 adoption of the first mentioned four-week period, periods of periods of benefit in connection with pregnancy or childbirth under section 3:7, first paragraph, 3:8, 3:10, first member, 3:18 or 3:30, first paragraph, of the Act 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 3:15 or 3:16, first paragraph, parts a to c, or third member .
4 Periods of residence outside the Netherlands, in which incapacity for work has increased, shall be taken into account for determining the period of four weeks referred to in paragraph 1.
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 3:14 , 3:15 , 3:16 and 3:17 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 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 3:11 ;
b. if not properly fulfilling an obligation on the basis of: Article 3:37 , 3:38 or 3:74 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 3:37 , 3:38 or 3:74 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 3:67 and of income supplementation as intended in Article 3:68 be withdrawn or revised where such provisions have been unjured or have been fixed at too high a level.
1 The right to incapacity benefit ends:
a. From the day on which the young handicapped person is entitled to 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;
c. starting from the first day of the month following that in which the young handicapped person is residing outside the Netherlands.
2 The incapacity allowance of the young handicapped person taking part in a training or training required for him shall not be withdrawn during such training or training in respect of any resulting withdrawal from the incapacity. If the young disabled person acquires income during the course of training or education, Article 3:48, 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.
4 The first paragraph, part c, also applies to the young disabled person who has gone to live outside the Netherlands, and to whom Article 1:2, third paragraph , applicable.
5 The right to incapacity for work ends, if the young handicapped right has been deprived of his freedom, from the day that this freedom of freedom took one month.
6 The right to incapacity for work ends, if the young disabled person is deprived of the implementation of a custodial sentence or detention order.
7 For the young handicapped person who, on the day preceding the freedom of freedom, has no right to incapacity for work under paragraph 6, the right to incapacity for work shall end, by way of derogation from the fifth paragraph, from the date of the day of freedom of freedom.
8 For the purposes of the fifth paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
9 The Implementing Institute workers ' insurance may not apply or depart from the first paragraph, part c, or depart from them as far as they apply, having regard to the importance of the end of entitlement to incapacity for work if the Young disabled people living outside the Netherlands will lead to an imfairness of the kind.
If the entitlement to benefit is given on the basis of Article 3:19, first paragraph, part c , ended up and the young handicapped person now lives in the Netherlands, relives the right to benefit with effect from the first day of the month following that in which he started living in the Netherlands.
1 If the young disabled person:
(a) whose incapacity for work on the grounds of incapacity for work on the basis of Article 3:19, first paragraph, part b , has been withdrawn; or
b. Those at the end of the waiting period, intended in Article 3:3, 1st paragraph Incapacity for work, but not entitled to incapacity for work because he was unfit for work; within five years from the date of that incapacity for work, the incapacity for incapacity for work or incapacity for work arising out of the same cause of incapacity for work in respect of which the withdrawn benefit has been received, or as such, on the basis of which he was unfit to perform his work on account of In the case of incapacity for work, the granting of incapacity for work is always taking place as soon as the 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 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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 adoption of the first mentioned four-week period, periods of periods of benefit in connection with pregnancy or childbirth under section 3:7, first paragraph, 3:8, 3:10, first member, 3:18 or 3:30, first paragraph, of the Act of Work and Care is enjoyed, out of consideration.
3 This Article shall not apply if on the basis of Article 3:22 (i) entitlement to the re-opening of the incapacity benefit.
4 The Articles 3: 5 and the provisions based thereon and 3:5a shall be applicable mutatis mutandis.
5 If the incapacity benefit is granted under this Article, and also entitlement to cash 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 young handicapped person, whose incapacity allowance, calculated for incapacity for work of not less than 45%, is in Article 3:19, 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.
2 The first paragraph shall also apply in respect of the young handicapped person, whose incapacity benefit has been charged to incapacity for work of less than 45% in relation to the incapacity for work. Article 3:19, 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 young handicapped person, whose incapacity benefit, calculated on the basis of incapacity for work of less than 45%, Article 3:19, 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 3:16, second paragraph , shall apply mutatis mutandis.
4 The young disabled person, whose incapacity benefit, calculated on the basis of incapacity for work of less than 45%, is Article 3:19, 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 With respect to the young handicapped person, whose incapacity benefit is related to Article 3:19, first paragraph, part b , has been withdrawn, and has become incapacitated for work on the basis of a re-evaluation of the same kind as intended in Article 28, 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 entitlement arises 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.
For the purposes of application of the first to fifth members, the person who is incapacitated for work is not regarded as an incapacity for work.
9 The Articles 3: 5 and the provisions based thereon and 3:5a shall be applicable mutatis mutandis.
1 The young handicapped person, whose incapacity benefit is subject to employment Article 3:19, fifth paragraph , has ended, from the day he is placed in freedom, having regard to the provisions of this Law, to reinstate the incapacity for work if he is unfit for work on that day. Article 3:3, fifth paragraph , shall apply mutatis mutandis.
2 The young handicapped person referred to in paragraph 1 who is not incapable of work on the day referred to in that paragraph shall be entitled to the reopening of the incapacity for work, but in respect of whom this is the case within four weeks of entitlement to incapacity for incapacity for work. End of that period.
3 The Articles 3:3, 5th paragraph , 3:29 and 3:30 shall be applicable mutatis mutandis in respect of the claim for the reopening of the incapacity for work referred to 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 young handicapped person, whose incapacity benefit is subject to employment Article 3:19, 6th paragraph , has ended, from the day he is placed in freedom, having regard to the provisions of this Law, to reinstate the incapacity for work if he is unfit for work on that day.
2 The young handicapped person referred to in paragraph 1 who is not incapable of work on the day referred to in that paragraph shall be entitled to the reopening of the incapacity for work, but in respect of whom this is the case within four weeks of entitlement to incapacity for incapacity for work. End of that period.
3 The Articles 3:3, 5th paragraph , 3:29 and 3:30 shall be applicable mutatis mutandis in respect of the claim for the reopening of the incapacity for work referred to in this Article.
The young disabled person, who is entitled to incapacity for work in one month, is 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 3:48 , 3:50 or 3:51 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 3:24 and 3:25, first to third paragraphs , shall apply mutatis mutandis to the death allowance referred to in Article 3:54 .
1 To enable incapacity benefit to be granted a right to incapacity for work, the young handicapped person shall report his incapacity to work within 13 weeks of the day on which he is 17 or within 13 weeks of the date on which he is unable to work. Article 3:2, first paragraph, part b , the day referred to the Implementing Institute Workers ' Insurance.
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 3:7, 1st paragraph , 3: 8 , 3:10, 1st Member , 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 maternity or childbirth allowance are made pursuant to Section 3:7, first paragraph, 3:8, 3:10, first member, 3:18 or 3:30, first member, of the Act of Work and Care enjoyed, out of consideration.
1 The incapacity benefit is granted on request.
2 The Employee Insurance Implementation Institute informs the young disabled person in writing of the possibility of applying not later than four months before the date of application. Article 3:3, 1st paragraph , that period of 52 weeks ends.
3 The second paragraph shall not apply if the young handicapped person mentioned in the report Article 3:27, first paragraph , has not, or did not, done in time. If the young disabled person has not made such notification in due time, the obligation of the Implementing Institute shall be subject to three months after the young handicapped person has given notice of the obligation to provide the workers ' insurance undertaking.
4 The young handicapped person who wishes to benefit from the grant 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 benefit is applicable on the day, with effect from which the young handicapped person fulfils 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 3:19, first paragraph, part a That was the day.
The review, reopening, or revival 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 young disabled person is eligible under this law for higher or lower benefit.
2 With regard to the review of disability benefit, which results in an increase in that benefit, as well as with regard to the reopening or revival of the benefit Article 3:29, 2nd 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 resurgence of the benefit, intended in Article 3:20 , enters the first day of the month following that in which he started living again in the Netherlands.
6 The reopening of the benefit, as provided for in Article 3:22 The following shall be the day, starting from which the young disabled person has returned to work.
7 Reopening or resurgence of disability benefit does not take place if it were to enter into or after the Article 3:19, first paragraph, part a That was the day.
The holiday allowance shall be of its own motion or, in the case of Article 3:52, first paragraph, second sentence , application finds, upon request, awarded by the Implementing Institute Employee Insurance.
1 The Implementing Institute may, whenever it deems it necessary, call or raise calls and question or question the place to be determined by or on its behalf:
a. The young disabled person, who is the waiting period of 52 weeks, intended in Article 3:3, 1st paragraph , it is going through;
b. the young handicapped person, who is entitled to or is entitled to an incapacity for work;
c. the young disabled person in respect of whom or for whom a reintegration instrument as referred to in Article 3:63 has been granted or is being considered for it;
d. the resident who has not reached the age of 17 yet and in respect of whom or for whom a reintegration instrument as intended. Article 3:63 has been granted or is being considered.
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, calling, interrogating and doing investigations 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 3:33, 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 employees ' insurance may prescribe that persons referred to in Article 3:33, 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 grant temporary or permanent benefits, in whole or in part, if a person is as referred to in Article 3:33, 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 3:37 , if the young disabled person:
a. The Insurance Institute's employees ' business or the expert designated for that purpose by Article 3:35 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 3:36 , or the obligation, for the purpose of Article 55, second paragraph, of the Act implementing organisation of work and income , has been complied with, whether or not it has been properly complied with, or under the obligation of Article 3:74 , 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 3:28, 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, 4th paragraph, of the Act structure implementing organisation work and income or the reintegration plan referred to in Article 30a (6) of that Act;
i. if the interested party is subject to the obligations contained in the reintegration television Article 30a, fourth paragraph, of the implementing organisation of the law whether work or income or the reintegration plan referred to in Article 30a (6) of that Act has not been properly implemented or has been properly discharged;
(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 3:37 or 3:38 be tailored to the seriousness of the conduct and the extent to which the young disabled 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 3:74 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 3:28, fourth paragraph , unless the obligation to comply with the requirement is not fulfilled in good time within a period of two years from the date on which such a warning was issued to the young disabled person.
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 3:40 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 fine of up to the amount of the penalty for failure or failure to comply properly by the young handicapped person or by his legal representative of the obligation, in accordance with Article 3:74 . 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 3:74 , wrongly or until an excessive amount of benefit has been received.
3 If it is not or is not properly fulfilled by the young disabled person or his legal representative of the obligation, Article 3:74 , has not resulted in a benemable amount, or if an employer as referred to in Article 3:74, third paragraph, does not comply with the obligation referred to in Article 3:74, third paragraph, the Implementing Institute shall provide employee insurance with a administrative penalty of up to the amount of the second category referred to in the second category 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 Young handicapped person or his legal representative of the obligation to Article 3:74 Unless the obligation to comply with the obligation not properly or not properly takes place within a period of two years from the date on which the young handicapped person or his legal representative has been given such a warning.
5 The Workers ' Insurance Implementing Institute imposes an administrative penalty for failure to comply or not properly by the young handicapped person or by his legal representative of the obligation, Article 3:74 , 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 to be fulfilled is not to be properly fulfilled. Article 3:74 or Article 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 offence referred to in paragraph 5, the young handicapped 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 administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the Court may, on appeal or appeal, alter the amount on which the administrative fine was determined also to the detriment of the young disabled 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 for incapacity for the self-employed , 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 Act , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The Board of Directors for Child Protection shall apply equally to the Employee Insurance Implementation Board. If the Implementing Institute makes use of that power, the notice of the compulsory order shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the young handicapped person or his legal representative is under his obligation, Article 3:40, 9th 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 3:43, first paragraph , the administrative penalty is to be charged in Article 3:40, 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 3:43, 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 3:40, 6th 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 3:43, 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 refused, in whole or in part, to the young disabled person's benefits, whether in whole or in part or in part, or have imposed an administrative fine, the Implementing Institute shall workers ' insurance undertaking the reintegration company which pursues work aimed at increasing the possibilities of employment or occupational integration in favour of those young handicapped persons, to the extent that they do so which is necessary for the completion 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 The Implementing Institute shall suspend or suspend the payment of the incapacity for work if it considers, on the basis of clear indications, whether it has reasonable grounds for suspecting that:
a. The right to benefit does not exist or no longer exists;
b. entitlement to a lower benefit exists;
c. the young handicapped person or his legal representative is an obligation as intended Article 3:37 , 3:38 or 3:74 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 When the young handicapped person who has been granted incapacity for work permits another person to receive the benefit, the right to receive the allowance shall be given as a result of the entry into force of a '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 If the young disabled person is entitled to the provision or reimbursement of a care as referred to in the Court of Long-term care law and under that law a contribution to such care is payable, the Implementing Institute shall be responsible for providing workers with the right to pay the benefit to the young disabled person without having to pay his or her own right to pay the amount of the contribution to that institution. the Zorginstitute Netherlands, named in Article 58, first paragraph, of the Zorginsurance Act .
2 If the young handicapped 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 workers ' insurance of the person concerned establishment or of the College of Mayor and of the municipality of the municipality which pays the recording costs, receives the request to pay the incapacity benefit to that establishment or to that municipality, the Implementing Institute may employees ' insurance policies that comply with the 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 review of payment of the benefit under paragraph 1 as a result of an amendment to the fee due shall be made without the decision being adopted by decision.
1 Is an address in the Netherlands known to the claimant or recipient of a disability benefit from the Execution Institute for Workers ' insurances, whereas in the basic registration persons are automatically admitted to have gone to a person who is not eligible for work. unknown country of residence, then 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 incapacity for work to the person, to whom the invalidity benefit has been granted, to the person who has been granted the invalidity benefit.
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 workers ' insurance is liable to determine the payment of the disability benefit to stay abroad or to include an address in the Netherlands in the basic registration.
1 If the young handicapped person, who is entitled to incapacity for work, is entitled to income by entering into employment, the period of five years shall not be regarded as work as intended for the period of five years. Article 3:1, Fifth paragraph -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 3:1, Fifth paragraph , 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 3:1, Fifth paragraph It would be.
At the end of the period specified in the introductory sentence, the period of employment shall be regarded as 'labour' Article 3:1, Fifth paragraph .
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 young disabled person who is entitled to a disability benefit is entitled to income under an employment contract as defined in the Chapter 2 and 3 of the Social Employment Act , the first paragraph shall apply for an unlimited period of time.
6 In the case of ministerial arrangements, rules shall be laid down in respect of the first paragraph. These rules shall apply in any case to cases where the first paragraph remains outside the scope of the application.
7 Our Minister may provide that the first member is to apply for an unlimited duration in respect of certain groups of persons.
8 In the case of a ministerial arrangement, the term 'income and pay' 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.
9 When determining the degree of incapacity for work referred to in the first paragraph, pay shall not be taken into account more than once.
1 By ministerial arrangement rules may be laid down in respect of the grant of a subsidy to a legal person to be granted by the UWV, which, in the course of the exercise of occupation or business by training, is the integration of young handicapped persons with promote serious training obstacles in the labour market.
2 In the case of the grant of the grant referred to in paragraph 1, obligations may be imposed on the subsidy recipient of the use of a registration system which indicates whether the purpose of the grant has been attained.
1 If both entitlement to incapacity benefit and to benefits under the conditions of employment Law employment and income to work The benefits of incapacity benefit are paid only to the extent that it exceeds the benefits under the Work and Income to Employment Act.
2 The first paragraph shall not apply where entitlement to benefits arises in respect of incapacity for work on the basis of the Law employment and income to work and does not result in a review on the basis of Article 3:14 take place of the incapacity benefit previously granted.
3 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 3:13 to 3:18 as a benefit on the basis of the Law employment and income to work The payment of invalidity benefit shall be paid only to the extent that it exceeds the amount of the benefit under the Employment and Labour Funds, but in any event paid up to the amount of the amount immediately preceding the review.
4 If, after application of the third paragraph, both incapacity benefit due to incapacity or withdrawal of incapacity for work is reviewed as the benefit of the benefit on the basis of the Law employment and income to work By way of derogation from paragraph 1, the incapacity allowance shall be paid in so far as it exceeds the amount of the benefit under the Employment and Income Tax Act but in any case is paid up to the amount of the benefit the amount immediately preceding the revision as referred to in the third paragraph.
5 Where the right to incapacity for work is a right to change of benefit on the basis of the Law employment and income to work (a) if an incapacity benefit is granted, the benefit of the incapacity for work is paid to the extent that it exceeds the change in benefits under the Work and Income to employment law.
6 For the purposes of application of the first to fifth members, invalidity benefit and benefit under the Law employment and income to work also means the holiday benefit to which entitlement under that benefit is calculated, to the extent that that holiday benefit has been calculated over the same period.
7 The first to sixth paragraphs shall not apply to the person receiving a benefit under the voluntary insurance scheme as referred to in Article 4 (1). Section 2.2 of the Law on Employment and Income to Work .
8 In the case of, or under a general rule, detailed rules may be laid down:
(a) in respect of the first paragraph;
(b) for the prevention or limitation of overlapping of incapacity for work with incapacity benefit under other laws.
9 For the purposes of application of the first and third to fifth members, the young disabled person's incapacity for work shall be entitled to Article 3:48 apply, taking into account the amount of that benefit after the article has been applied.
10 In the case of general management measures, rules may be laid down to prevent or reduce the overlapping of disability benefits under the social legislation of Aruba, Curaçao, Sint Maarten, a similar scheme of the Netherlands For the benefit of the public bodies Bonaire, Sint Eustatius and Saba or any other Mogenity.
1 If both entitlement to incapacity benefit and to incapacity benefit on the basis of the Incapacity for work insurance or on the basis of the Law for incapacity for the self-employed The benefits of incapacity benefit are paid only in so far as they surpasses the incapacity benefit under the disability insurance act or the self-employed persons under the disability insurance act.
2 The first paragraph shall not apply where entitlement to benefits arises in respect of incapacity for work on the basis of the Incapacity for work insurance or on the basis of the Law for incapacity for the self-employed and does not result in a review on the basis of Article 3:14 take place of the incapacity benefit previously granted.
3 Where incapacity for work is subject to revision of the incapacity for work in connection with the incapacity for work, Articles 3:13 to 3:18 as a result of incapacity benefit under the Incapacity for work insurance or the Law for incapacity for the self-employed The incapacity benefit is paid only in so far as it exceeds the incapacity benefit under the Disability Insurance Act or the Incapacity Insurance Act (Wet op de incapacity), but in any case the amount paid up to the amount of the amount immediately preceding the revision.
4 If, after application of the third paragraph, both the incapacity benefit and the incapacity for work on the basis of the Incapacity for work insurance or the Law for incapacity for the self-employed As a result of the reassessment of incapacity for work, the incapacity allowance is paid, by way of derogation from the first paragraph, in so far as it is the amount of the incapacity benefit under the Law on the occupational disability pension. incapacity insurance or the Incapacity Insurance Act surpasses the self-employed, but in any event paid up to the amount of the amount immediately preceding the revision as referred to in the third paragraph.
5 Where incapacity for work is subject to revision of the incapacity for work on the basis of the incapacity for work, Incapacity for work insurance in relation to the Articles 36 to 40 of that Act or revision on the basis of the Law for incapacity for the self-employed in relation to the Articles 12 to 16 of that Act As a result of incapacity benefit, entitlement to incapacity benefit is paid in so far as it provides the revised disability benefit under the Disability Insurance Act (Wet op de Disability) or the Law of the Law of the Court of Law on the Law of the Court of Law incapacity for the self-employed persons.
6 For the purposes of application of the first to the fifth paragraph, incapacity benefit and incapacity benefit under the system of incapacity for work Incapacity for work insurance and the Law for incapacity for the self-employed also means the holiday benefit to which entitlement to incapacity benefits is payable, to the extent that those holiday benefits have been calculated over the same period.
7 The first to paragraph 6 shall not apply to the person receiving incapacity benefit under the voluntary insurance scheme referred to in Article 4 (2). Chapter VI of the Incapacity Insurance Act .
8 For the purposes of application of the first and third to fifth members, invalidity benefit shall be paid on the basis of the Incapacity for work insurance (c) Entitlement to the benefit of the Law for incapacity for the self-employed Of the young disabled person Article 3:48 , below Article 44 or 65 of the Disability Insurance Act (Wet op de Disability) , below Article 58 of the Incapacity Insurance Act apply, taking into account the amount of those benefits after the said articles have been applied.
9 In the case of, or under a general rule, detailed rules may be laid down:
with regard to the first paragraph.
1 The payment of the holiday benefit will take place once a year in May on the 12 months preceding that month, or, if the right to benefit ends earlier than in the month of May, in 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 3:45 , 3:47 and 3:54 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.
The Articles 3:32 , 3:45 , 3:47 , 3:56 , 3:57 and 3:58 shall be applicable, mutatis mutandis, in respect of the payment of the concession referred to in Article 3:10 , to the extent to or under this Act not otherwise determined.
1 After the death of the young handicapped person, who has been granted incapacity for work, from the day following the death, the benefit is paid in the form of an death allowance:
a. to the long-living of the spouses;
b. in the absence of the person referred to in subparagraph (a), to the minor children to whom the deceased person was in the family-related relationship;
c. in the absence of persons referred to in parts (a) and (b) to those with whom the deceased was living in a family context.
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 young disabled person.
3 In connection with the death of the young disabled person to whom a benefit has been granted, Article 3:19, 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 payment of the pay, Article 3:67 , and the income supplementation, meant in Article 3:68 , which as a result of a decision as referred to in Article 3:18 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 3:74 .
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 3:74 .
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 3:56, first and second paragraphs ...........
2 Article 3:43 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.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 3:56, first paragraph , the Implementing Institute may, at the request of the young disabled person, 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 young disabled person 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 if a claim arose due to failure to comply with the young disabled of the obligation, intended in Article 3:74 , and for this a fine as intended in Article 3:40 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 amended to the detriment of the young disabled person 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 young disabled person is to blame the Implementing Institute for Workers ' Insurance not in accordance with the Debt Scheme; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim from the Employee Insurance Implementing Institute as referred to in Article 3:56 and 3:59 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 3: 9 ;
c. the holiday benefit;
d. the pay supplementation, for the purpose of Article 3:67 ;
e. the supplementation, intended in Article 3:68 ;
f. the concession, referred to in Article 3:10 .
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 3: 9 ;
(b) the death allowance, for the purpose of Article 3:54 .
1 If the employment performance of an employee entitled to a disability benefit in a particular function, but not a function in which he is employed as an employed person in the sense of the Social employment law or on a contract of employment as referred to in Article 7 of that Act , as a result of illness or defect clearly less than the work performance justifying a pecuniary reward of the statutory minimum wage for him, the Execution Institute reduces worker insurance at the request of the employer or employee concerned the amount of the claim for a pecunious reward for the labour carried out, by way of derogation from the provisions of and under the terms of the Law Minimum Wage and Minimum Holiday Report is determined.
2 Any clause whereby a pecunious reward for the work carried out is agreed below the remuneration shall be fixed by virtue of paragraph 1.
1 In the case of a general measure of administration, as an experiment, with a view to examining the possibilities of this law concerning the occupational integration of young people with incapacity for work, it is possible to to perform more effectively, deviate from the provisions of the provisions of this Act or pursuant to articles of that law. In the case of application of the first sentence, a general measure of management shall determine the procedures for diverting the provisions of those Articles.
2 An experiment as referred to in the first paragraph shall last for a maximum of four years. If, before an experiment has ended, a proposal of law has been submitted to the States General to convert the experiment into a structural legal arrangement, the experiment may be extended to the time when the proposal of law in - The first paragraph, second sentence, shall apply mutatis mutandis.
3 By ministerial arrangement rules may be laid down regarding the implementation of an experiment and facilities shall be affected for an experiment in sufficient unforeseen circumstances.
4 Our Minister reported to the States-General how the experiment went into practice, as well as his position on the continuation of the experiment, other than as an experiment.
5 The nomination for general measures of governance to be adopted pursuant to this Article shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.
The young disabled person who is entitled to incapacity benefit is entitled to support for labour-switching and, subject to the relevant legal provisions, to the opinion of the Implementing Institute. workers ' insurances deemed necessary for labour-switching.
1 The Implementing Institute shall be able to provide employee insurance to the young disabled person who has not reached the age of 18 years and the young disabled person who is entitled to incapacity for work and who accepts or accepts employment in employment. carry out pay supplementation on request, if the wage is lower than his remaining 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 statutory provisions on contributions shall be considered to be a benefit under that law.
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 be able to provide workers ' insurance to the young disabled person who has not reached the age of 18 years and the young disabled person who is entitled to incapacity for work, who carries out or goes on employment as a self-employed person. carry out income supplementation on request, if his income from the holding or occupation is lower than his 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 considered to be a benefit for the purposes of the legal provisions relating to the tax on contributions. Law for incapacity for the self-employed .
4 In the case of a general measure of management, rules may be laid down regarding the level of income supplementation.
1 In the context of the promotion of occupational integration, the Workers ' Insurance Implementing Institute may grant permission to the young disabled person, who is entitled to an incapacity for work in order to have a test place 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. activities to which the young handicapped person, as referred to in the first paragraph, 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 scheme for the young disabled person referred to in the first paragraph;
(c) work carried out by the young handicapped person referred to in paragraph 1, not previously unremunerated at a test site at the employer's or his predecessor's legal 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.
In the case of a ministerial arrangement, detailed rules may be laid down in respect of the application for pay supplementation, Article 3:67 , of income supplementation, intended in Article 3:68 , the period within which the application is lodged, as well as on the legal effects which are linked to that period's overrun, and on the application and the authorisation referred to in the first paragraph of Article 8 (1) of the Article 3:69 .
The Implementing Institute workers ' insurance may be the young disabled person, who is entitled to incapacity for work, and for whom the risk of incapacity for work is low, and which is thus far from being mediable at the time of the work. the labour market, the unrewarded additional work has been carried out for up to two years. Article 10a, second to tenth paragraph, of the Participating Act shall apply mutatis mutandis.
The Articles 3:63 , 3:66 , 3:69 and 3:73 shall not apply to the young disabled person who does not have a sustainable employment potential as referred to in the Article 3:8a, first paragraph .
1 The young handicapped person, his legal representative, and the institution, intended to Article 3:47 Where incapacity benefit is paid, workers ' insurances must, at their request or without delay, communicate on their own initiative all the facts or circumstances of which they are based. It must be reasonably clear that they may affect the right to benefit, the amount of the benefit, the right to benefit or the amount of the benefit, which is paid. This obligation shall not apply where such facts and circumstances can be established by the Implementing Institute for the insurance of workers ' insurances pursuant to data which are certified as authentic under the law or which may be obtained from the date of the adoption of the Ministerial Arrangements to designate administrations. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
2 The young handicapped person who is entitled to or are entitled to a holiday allowance or a concession as referred to in Article 2 (1) Article 3:10 , and his legal representative shall be subject to corresponding obligations as specified in the first paragraph.
3 The young disabled person to whom a reintegration tool as intended Section 5 is provided or granted, or to whom it is contemplated or is being considered, as well as its legal representative, and the employer for whom the Implementing Institute workers ' insurances are entitled to a monetary pay for the work carried out, on the basis of Article 3:63 , has been reduced, shall be obliged to inform the Implementing Institute workers ' insurances, at his or her request or without delay, of all the facts and circumstances, of which it must be reasonably clear to them that they are may have an influence on the provision or award, or on the duration or the height of the re-integration instrument.
The person entitled to incapacity for work of 35% or more or has a right to employment support 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 67i of the Law on incapacity for work of selfemployed persons .
10 The concession and the associated management costs shall be borne by the State.
In fixing the damages to which the young handicapped person is entitled to a right of incapacity to work, the judge shall take into account the claims which he is entitled to under the law.
1 The Implementing Institute shall have employees ' insurance cover for the costs incurred under this law to the person who, in connection with the cause of incapacity for work in respect of the young disabled person, is in civil law. 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 young disabled person has been taken into 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 person liable in paragraph 1 and the person liable to the resident who has not reached the age of eighteen shall also be liable to pay compensation for the insurance of workers ' employees. reasonable costs incurred in respect of the obligations to enable the young disabled person, who shall rest on the Implementing Institute, workers insurance under this Law and the provisions based thereon, and the Law structure implementing organisation work and income and the provisions based thereon. The person liable may have the same claim that he would have been at the service of the young disabled person.
The Implementing Institute shall manage and administer employee insurance separately the Article 5: 2 the means of cover of expenditure and expenditure referred to in the Article 5: 3 , in the form of a disability fund, young people with disabilities, which is part of the Implementing Institute for the insurance of workers.
The resources to cover expenditure incurred by the Incapacity Fund for the young handicapped shall be provided for:
a. the Empire;
b. The amounts specified in the Articles 2:54 and 3:46 ;
c. the administrative penalties provided for in the Articles 2:69 and 3:40 ;
d. The amounts that the Employee Insurance Implementing Institute receives with the application of the story as referred to in Article 4: 2 .
1 To be charged to the Incapacitated Incapacity Fund of the young handicapped:
a. Benefits and income provisions to be paid under this Act;
b. the benefits payable under this Law by the Implementing Institute Workers ' Insurance under the Act of sole Law on Benefits and Income Provisions, which cannot be deducted from such benefits and income provisions; brought and the on-land Article 42 of the Zorginsurance Act income-related contribution due;
c. on the basis of Article 3:48, fourth paragraph , amount to be paid to the national purse;
d. [ Red: expired;]
e. the costs associated with the implementation of this Law;
f. the grants, intended in the Articles 2.29 , 3:49 and 8: 4 , and the costs related to the implementation of those articles;
g. the reintegration tools under this Act;
h. the costs related to the execution of Article 30a, first paragraph, part c, of the Act implementing organisation work and income in the case of a person concerned, if, at the time of the start of the work of the re-integration undertaking referred to in the eighth paragraph of that article, the person concerned receives a benefit from the Incapacity Fund for the young handicapped;
i. the concessions provided for in the Articles 2:52 and 3:10 ;
j. the subsidy, referred to in Article 32b of the Act structure implementing organisation work and income , and the costs related to the implementation of that article.
2 The Employee Insurance Implementing Institute may lay down detailed rules on the first paragraph.
Article 120 of the Social Insurance Financing Act shall apply mutatis mutandis.
1 Decisions pursuant to this Act and the provisions based thereon shall be given within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within fourteen 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 14 weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
4 If, in connection with the adoption of a decision referred to in paragraph 1, a person resident abroad has been called and for that reason the decision cannot be given within fourteen weeks, that period shall be extended by: a maximum of six months and shall be notified in writing to the applicant for that renewal.
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 1:1, 3rd to 7th Members , and 1: 2 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.
Title 4.2 of the General Administrative Law Act does not apply to claims based on the Article 2:22 and Article 2:23 .
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 7: 1 criminal offences shall be considered as infringements.
In proceedings to become applicable to the Article 4:2, third paragraph , the judge shall, at the request of one of the parties or of its own motion, prescribe a time limit within which the parties shall be given the opportunity to amend their theses and conclusions as necessary to Article 4:2, third paragraph. If the courts are to be adjusted in such a way as to prevent such a remedy, the courts shall not open a remedy for that purpose; the judge shall reject an application for that purpose, and a remedy shall be brought against it only at the same time as end pronunciation open.
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 A decision to reduce the claim for a pecunious reward for the work carried out on the basis of Article 7 of the Law on the Integration of the Disabled Persons , to the young disabled person on the day prior to the day on which that article was based on Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , lapses, had not yet reached the age of 18 years or had a right to incapacity benefit under this law for the duration of the period for which it is entitled under the Law on the integration of the disabled has been reduced as a decision to reduce the claim for a pecunious reward for the work performed, as referred to in Article 3 (1) (b) of Article 3:63 .
2 A decision granting a provision on the basis of Article 31 (b) of the Law on the integration of disabled persons , to the young disabled person on the day prior to the day on which that article was based on Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , expires, day the age of 18 years has not yet been reached or entitled to a disability benefit for the duration of the period for which that provision has been granted under the Law on Integration of the Disabled Persons (Reintegration). The following shall be regarded as a decision granting a provision in the form of a Article 35, first paragraph in conjunction with second paragraph, part d, of the Law on Work and Income to Work .
3 A decision to grant wage suppression on the basis of Article 32 of the Law on the Integration of the Disabled Persons , to the young disabled person on the day prior to the day on which that article was based on Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , lapses, had not reached the age of 18 years or had been entitled to a disability benefit for the duration for which such pay supplement had been granted as an award for the granting of a pay supplement as provided for in the Article 3:67 .
4 A decision granting income supplementation on the basis of Article 29 of the Law on the integration of the disabled , to the young disabled person on the day prior to the day on which that article was based on Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor , expires, the age of 18 years has not yet been reached or has been entitled to a disability benefit for the duration for which that income supplement had been granted as a supplement to income as a result of an incapacity for work. Article 3:68 .
1 The Implementing Institute provides workers ' assurances until the year 2008 by means of an annual study by our Minister to designate training institutes whose purpose is to promote the occupational integration of the disabled. The amount to be determined by ministerial arrangement, which may lay down rules on the method of calculation of that amount.
2 The Implementing Institute of Workers ' Insurance may, in the case of the grant of subsidies referred to in paragraph 1, impose obligations on the grant-recipient of capital formation, the handling of a registration system or the purpose of the award of a registration system. the grant has been reached and the remuneration of the subsidy has been granted.
1 The Articles 2:21 and 3:71 expire at a time to be determined by royal decree.
2 Article 3:72 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 2:21 , 3:71 and 3:72 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 VIII (C) of the Law of 21 May 2012 amending the Law Struct Conduct Organisation Work and Income in relation to Adjustment of the 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 commitment of the re-integration budget Unemployment law and wage cost subsidies is in operation has been.
1 The Articles 3:17a and 3:21, 5th Member ; and 3:22, 7th Member , as it is set to read from the entry into force of the Law on Harmonisation and Simplification of Social Security Law, do not apply to the person whose incapacity for work before the date of entry into force of that law has increased as Intended in the Articles 3:14 to 3:17 , 3:21 or 3:22, until the moment when, in connection with the same increase in incapacity for work, there is no longer any right to sickness benefit on the basis of the Disease law .
2 Article 3:21, third member As it was stated on the date of entry into force of the Law on Harmonisation and Simplification of Social Security Law, the person who became unfit for work as intended for the day on or before the date of entry into force of the Act continues to apply. Article 3:21, 1st paragraph.
3 This Article shall expire from the day of 10 years from the date of entry into force of the Harmonization and Simplification Law on Social Security Law.
The General Term Act shall not apply to the periods of four weeks mentioned in the Articles 2:12, third paragraph , 3:3, 2nd and 3rd Member , 3:14, third member , 3:15 , 3:16, 1st Member , 3:17 , 3:21 and 3:22 .
Article 3:63 As it stated before the date of entry into force of the Law of 3 December 2009 amending the Law on incapacity for work, young people with disabilities in connection with the promotion of the participation of young people with disabilities by work and Labor support (Stb. 580), it shall continue to apply to the reduction in the amount of the claim to a pecunious reward provided for the day on which that law came into effect, on the understanding that the Article 3:63, first paragraph, part b , reduction is considered to be based on Article 2:20, first paragraph, part a , from the day on which the worker who has reached the age of eighteen has the right to labor support, as intended Chapter 2 , unless the worker is not subject to the other conditions of Article 2:20, first paragraph -That's right.
1 The young disabled person entitled to incapacity for work on the basis of Chapter 3 does not have the right to labor support on the basis of Chapter 2 .
2 From a time to be determined by a general management measure, the young disabled person who is entitled to incapacity for work may be granted on the basis of Chapter 3 , the Implementing Institute workers ' insurance claims to grant entitlement to labour support on the basis of Chapter 2 .
3 A request for entitlement to employment support referred to in paragraph 2 shall be granted if the young disabled person has sufficient potential for participation in the labour force.
4 Acceptance of the application referred to in paragraph 2 shall end entitlement to incapacity benefit on the basis of: Chapter 3 and creates the right to labor support on the basis of Chapter 2 .
5 Article 2:15, first paragraph, part a , does not apply to the young disabled person making a request as referred to in paragraph 2, in respect of the period during which he has been entitled to incapacity benefit on the basis of Chapter 3 .
6 Chapter 4 of the Import Act new and modified incapacity for work and the Temporary law limiting income effects incapacity criteria shall not apply to the young disabled person who is entitled to labour support on the basis of Chapter 2 .
7 In the case of a ministerial arrangement, detailed provisions may be laid down concerning the transfer of entitlement to incapacity for work to the right of employment support in accordance with the provisions of the fourth paragraph.
Article 2:23 shall not apply to the young disabled person, whose employment is set up as a self-employed person for the day of entry into force of the Law of 3 December 2009 extending the possibility of providing facilities for employment as self-employed (Stb. 589).
1 The implementing institute workers ' insurance determines whether the young disabled person with an incapacity for work of 80% or more has no opportunities for employment participation as intended Article 3:8a , as that article is to read after the entry into force of Article III, part O, of the Involvement Act .
2 In the case of, or under general management, rules shall be laid down regarding the assessment of the absence of participation in the labour force. It may set out a procedure that deviates from the procedure for assessing the opportunities for participation of the young disabled person after the day of entry into force of the Regulation. Article III, Section B of the Act of Import Participation Act This is
The young disabled person on the day before the entry into force of Article III, Section D, of the Participation Act was completely and sustainably disabled, as intended in Article 2:4, first paragraph, as that stated on that day, is deemed to be complete and durable incapacity for work at the date of the entry into force of Article III, Section D of the Act of Import Participation Act, as referred to in Article 2:4, as it is set to read on that date. Day.
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, young people with disabilities.
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
