Key Benefits:
Law of 15 April 1992 establishing a new recovery and recovery scheme of costs of assistance
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 set out the obligation to distinguish between recovery of the costs of assistance from those who have received assistance and the redress of costs incurred by third parties, and a new (i) to regulate, and to amend other laws, related amendments thereto.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 In the jurisdiction of municipalities to recover or recover expenses incurred before the date of entry into force of this Act no change shall be made. Without prejudice to the provisions of Chapter IV A, if the costs referred to above are to be recovered only after the said date, this shall be carried out without prejudice to the provisions of Chapter IVA, without prejudice to the provisions of Article X .
2 Regarding the story related to maintenance obligations under Book 1 of the Civil Code relating to the cost of assistance incurred after the date of entry into operation of this Act, is entered by the municipality. A further decision shall be taken within one year on the basis of the provisions of Chapter IVa (2).
3 If, prior to the date of entry into force of this law, the case has been recovered in law, the case shall be dealt with in accordance with the provisions of Chapter IV (3) of the Act, such as those in the midst of that date before the said date.
The 12th title of the first book of the Code of Civil Procedure shall be brought into force simultaneously with this law in respect of the proceedings provided for in Paragraph 2 of Chapter IV A.
If divorce, separation of the table and bed or the dissolution of the marriage after the separation of the table and the bed was pronounced before the date on which the proposal of 6 November 1985 submitted by the royal message amending Regulation No L of the provisions in the Civil Code relating to the settlement of alimony after divorce becomes elevated and enter into force, ends the story of costs of assistance for failing or not properly fulfilling the law. Obligation of maintenance to the spouse or former spouse as referred to in Article 63, no later than the time of expiry of a 12-year period. That period shall begin on the date of registration of the judgment in the registers of civil status, or in the case of a separation of the table and bed, on the date on which the judgment is in force of res judiced. In the event of a post-dissolution of the marriage after the separation of the table and the bed, the period referred to in this paragraph shall be reduced by the time during which, during the separation of the table and the bed, an obligation to earn a living towards the other spouse existed.
Without prejudice to: Article X, first paragraph Last sentence, and second paragraph, last sentence, the articles of that law shall enter into force on a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.
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, 15 April 1992
Beatrix
The Secretary of State for Social Affairs and Employment,
E. ter Field
Published the 28th April 1992The Minister of Justice,
E. M. H. Hirsch Ballin
