Key Benefits:
Law of 9 February 2012 to give to municipalities the responsibility for debt relief (Wet Municipal Debt Relief)
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 have taken the view that it is desirable to provide municipalities with a legal task in relation to the provision of debt relief;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
College: College of Mayor and Aldermen;
Resident: the person who is registered as a resident in the basic registration persons;
Our Minister: Our Minister of Social Affairs and Employment;
Debt relief: supporting the finding of an adequate solution to the repayment of debts where it is reasonable to foresee that a natural person will not be able to continue to pay his debts or if he is in the state of He has ceased to pay, as well as the aftercare;
the applicant: person who has become accustomed to the college for debt relief.
1 The City Council adopts a plan to provide the integral debt relief to the inhabitants of its municipality.
2 The City Council shall adopt the plan for a period of not more than four years each time. The plan may be altered in the intervening period.
3 The plan contains the main aspects of the policy to be implemented by the municipality on comprehensive debt relief and preventing persons from entering into debt that they cannot pay.
4 In each case, the plan shall indicate:
a. what results the municipality wishes to achieve in the period covered by the plan;
b. what measures the Municipal Council and the College take to ensure the quality of the way in which the comprehensive debt relief is carried out;
c. the maximum number of weeks the municipality pursues with respect to the in Article 4, first paragraph , mentioned period, and
d. how to provide debt relief to households with young children living with children.
5 In the plan, the City Council may specify the conditions under which the college may require the applicant to have a basic bank account.
1 The college is responsible for the payment of the debt to the inhabitants of its commune, thereby implementing the plan, which is intended to be Article 2, first paragraph -I'm out.
2 The College may in any event refuse debt relief in cases where a person has already used debt relief.
3 The College may in any event refuse to grant debt relief in cases where a person has committed fraud involving a financial disadvantage of a governing body and that person has not been subject to any irrevocable criminality in connection therewith, or An irrevocable administrative penalty, intended to add suffering, has been imposed.
4 A foreigner can only qualify for the granting of debt relief if he is a resident who lawfully resides in the Netherlands within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
1 If a person turns to the college for debt relief, the first call will be held within four weeks in which the aid question is identified.
2 If a threatening situation occurs within three working days, the first call shall be held in which the aid question is identified. A threatening situation means forced housing clearance, termination of supply of gas, electricity, district heating, or water, or termination or dissolution of the care insurance.
3 The college gives the applicant an insight into the number of weeks between the first conversation in which the aid question is determined and the attainment of the result.
This part has not (yet) entered into force; see the summary of changes
The applicant shall, upon request or without delay, inform the college of all facts and circumstances in which it must be reasonably clear to him that they may have an influence on the facts applicable to him. debt relief or for the implementation of this law.
1 The applicant shall be obliged to provide the college, on request, with the cooperation reasonably necessary for the implementation of this Act.
2 The College shall, in the implementation of this Act, establish the identity of the person referred to in paragraph 1 on the basis of a document as referred to in Article 3 (1) of the Treaty. Article 1 (1), first paragraph, below 1 ° to 3 °, of the Identification Light Act .
3 Any person shall be obliged to the college of a document as referred to in Article 1 of the Identification Light Act provided that such access was reasonably necessary for the implementation of this Act.
1 Administrative bodies and other persons and bodies designated by general management shall provide the college with the information and information which may be of interest in the implementation of this Act.
2 The College may, under conditions to be determined by a general measure of management, provide administrative bodies and bodies to designate bodies to designate bodies arising out of the implementation of this Act, which shall be require administrative bodies and bodies to perform their functions and services.
3 The questions and the provision of information by the college to and by the governing bodies and bodies referred to in paragraphs 1 and 2 may be effected through the intervention of the Information Office, as referred to in Article 3 (2). Article 63 of the Act implementing organisation work and income .
4 In the case of a general measure of management, rules may be laid down as to how the data exchange and the costs can be taken into account, and the costs may be charged.
1 The College provides our Minister, free of charge, the data and intelligence he needs for the statistics, information provision and policy-making with respect to this law.
2 By ministerial arrangement rules may be laid down regarding the information provided by the college and the way in which the college collects and provides the data, determining that categories of municipalities may be defined not to collect and provide information and information.
Within four years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Law municipal debt relief.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 9 February 2012
Beatrix
The Secretary of State for Social Affairs and Employment,
P. de Krom
Published the twenty-ninth February 2012The Minister for Security and Justice,
I. W. Opstelten
