Key Benefits:
Law of 19 June 2008, laying down rules for an Income Provision for Older Unemployed (Income Provision Act of Older Unemployed)
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 create an income provision for older unemployed workers in connection with the change in the WW system and the special labour market position of older workers;
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:
- applicant: the person who has submitted an application for a benefit under this Act or has given written consent to submit an application;
- First day of unemployment: the first day of unemployment, which is to be found in Article 16a of the Unemployment Act ;
- minimum wage: the minimum wage per month, for the purpose of Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances ;
- Our Minister: Our Minister of Social Affairs and Employment;
- re-integration company: a natural person or a legal person who, in the context of the exercise of profession or business, promotes the involvement of persons in employment;
- Persons entitled to benefit: the person entitled to a benefit under this Act;
- UWV: Worker Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
- 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 ;
- Employer: the employer within the meaning of the Unemployment law ;
- Employee: the worker within the meaning of the Unemployment law ;
- WGA benefit: the employment repayments benefit, in part, of the work or employment of workers referred to in Article 3 Chapter 7, of the Work and Income to Work Assets Act .
1 For the purposes of this Act and the provisions based thereon, the following shall be treated in the same way as:
a. spouse: registered partner;
b. married: registered as a partner;
c. married: registered as a partner.
2 For the purposes of this Act and the provisions based thereon, the following shall be:
a. As married or as a spouse, the unmarried adult person who carries a common household with another unmarried adult person, unless it is a relative of the first grade or a relative of the second degree, if he/she is a member of the There is a need for care for one of the second-degree blood relatives;
b. As unmarried, the person who lives permanently separately from the person with whom he is married shall be regarded as unmarried.
3 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.
4 A common household shall in any event be deemed to be present if the persons concerned have their main residence in the same dwelling, and:
a. they have been married to each other, or have been equivalent to the application of this law for the purposes of this Law in the two-year period preceding the application of a benefit;
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 related 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, as specified in the third paragraph.
5 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 that another person is referred to in paragraph 3.
6 In the case of a general measure of management, the registrations and during which period shall be taken into account for the purposes of paragraph 4 of the fourth paragraph.
7 In the case of the first grade as referred to in paragraph 2 (a), part (a) shall be understood to mean an adult child or a former foster child of the unmarried adult adult.
8 Under the former foster child as referred to in paragraph 7, 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 Right to benefit under this law, the person has:
a. whose first day of unemployment is between 30 September 2006 and 1 January 2020;
b. which is 60 years old or older on that day;
c. that meeting on that day met the condition, intended to Article 42, Part Two, Part (a) or (b) of the Unemployment Act , and
d. who is not subject to exclusion as referred to in Article 6 .
2 The person shall also be entitled to benefits under this law:
a. This in respect of an earlier right to benefit on the basis of Unemployment law complies with the conditions set out in points (b) and (c) of paragraph 1 above;
b. for whom a new right to benefit under the Unemployment Act was subsequently created in respect of which Article 42b of the Unemployment Act has been found to have applied or been subject to the condition specified in Article 42, Part Two, Part (a) or (b) of the Unemployment Act , and
c. who is not subject to exclusion as referred to in Article 6 .
3 The second paragraph shall not apply if the earlier right referred to in paragraph 2 (a) has not been made entirely in effect as a result of a measure of permanent refusal as a result of a measure of Article 27, first and second paragraph, of the Unemployment Act .
4 The right to benefit arises on the day after the day on which the applicable benefit is on the basis of the Unemployment law has expired, unless, on the day prior to the expiry of the benefit period, a measure of permanent whole refusal of the benefit on the basis of Article 27, first or second paragraph, of the Unemployment Act is applicable.
1 Right to benefit under this law shall also have the person:
a. for whom the WGA benefit allowance has been incurred between 31 December 2007 and 1 January 2020;
b. that on the day the entitlement to the wage-related payment of the WGA benefit arose 60 years or older; and
c. on whom no exclusion ground as referred to in Article 6 is applicable.
2 The right to benefit pursuant to this Article shall arise on the day following the day on which the current benefit of the WGA benefit has expired and may not arise earlier than after the entry into force of this Act.
3 The first paragraph shall not apply if: Article 59, fourth paragraph, of the Act of Work and Income to Labor application has been found, unless the first day of unemployment on the basis of which a benefit is based on the Unemployment law was received as referred to in that Article, lay on or after 1 October 2006 and the person on that day was 60 years of age or older.
1 The UWV shall, on application, determine whether entitlement to benefits under this Act exists.
2 An application is submitted to the UWV.
3 The right to benefit cannot be fixed over periods of 26 weeks prior to the day on which the application for benefit was lodged. The UWV shall have jurisdiction to derogate from the previous sentence in special cases.
If no right to benefit arose because on the person, intended in Article 3, first paragraph , and Article 3a (1) , where one or more exclusion grounds were applicable, entitlement to that benefit on the day when none of those exclusion grounds arises arises.
1 The following exclusion grounds shall apply to the right to benefit:
a. Living outside the Netherlands or staying outside the Netherlands other than on holiday;
b. Keep it not lawful residence within the meaning of Article 8 of the Aliens Act 2000 ;
(c) freedom of law has been deprived of its freedom;
d. to evade the implementation of a custodial sentence or measure involving deprivation of liberty;
e. the enjoyment of holidays;
f. the attainment or achievement of the pensionable age specified in Article 7a, first paragraph, of the General old-age law .
2 The first paragraph, part (a), shall not apply to the person who, during the course of foreign residence, shall cooperate in activities which are conducive to his employment, provided that:
a. The duration of those activities is not longer than six months;
(b) that, according to a letter of intent, provide a real view of a connecting service for at least six months;
(c) those activities take place in a Member State of the European Union, in another State party to the Agreement on the European Economic Area or in Switzerland; and
d. The amount owed by the UWV in respect of those activities does not exceed it on the basis of: Article 4.2, third paragraph, of the SUWI Decision fixed amount.
3 For the purposes of this Article, 'letter of intent' shall mean a signed declaration stating that he intends to support a person working in activities conducive to his/her own inaction in the labour force, after the completion of those activities.
4 The first paragraph (c) shall not apply 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 takes place outside a penitentiary establishment or an establishment for consultation of the order.
5 By ministerial arrangement rules may be laid down for cases where application of paragraph 1 (a) to (e) may lead to difficulties which do not apply to those parts.
6 Under ministerial arrangements, rules may be laid down concerning:
a. enjoying the concept of holiday referred to in paragraph 1 (e);
(b) the fixing of the period during which the claimant or the benefit beneficiary may, by way of derogation from the first paragraph, be entitled to leave on holiday with the maintenance of his right.
The right to benefit ends:
(a) from the date on which an exclusion ground applies to the person entitled to benefit;
b. the day following the day on which the claimant dies.
If there is no longer any right to benefit because on the person, intended in Article 3, first paragraph , and Article 3a (1) , one or more exclusion grounds as referred to in Article 6 The right to that benefit on the day when none of those exclusion grounds occurs again shall be reliant on that benefit.
1 Without prejudice Article 19 Review of the UWV decisions under this Act or take such decisions if:
a. as a result of failure or failure to fully discharge Article 12 , 13 , 14 or 15 and the provisions based thereon, the right to benefit has been wrongly established or the amount of the benefit has been wrongly fixed at an excessive amount;
(b) otherwise the benefit has been found unduly or unduly paid;
c. the failure to comply or not properly comply with the obligation Article 12 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 this, the UWV may waive or cancel all or part of the revision or withdrawal.
1 The payment is per calendar month: 0,7 x (A-B).
Hereby A for:
a. the monthly wage, for the purpose of Article 1b, second paragraph, part a, of the Unemployment Act ; or
b. the monthly wage, for the purpose of Article 13, fourth paragraph, part a, of the Law on Work and Income to Work , except that A is not more than 10/7 times the amount, mentioned in Article 2 (b) (1) of the Toeslagenwet Act (second paragraph) multiplied by 21,75; and
B stands for income per calendar month.
2 The amount referred to in paragraph 1 shall be revised in the manner set out in the first paragraph. Article 14 of the Wet Minimum wage and minimum holiday allowances .
3 The term "income" referred to in paragraph 1 shall be understood as "labour income".
4 On the benefit of the benefit, other income is deducted in whole.
5 In the case of a general measure of management, the term 'employment' shall be determined as referred to in the fourth paragraph and on the other income as referred to in the third paragraph. 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.
6 insofar as entitlement to benefit is given on the basis of the Unemployment law Has ended in part by the conduct of work as a member of the First Chamber of the States-General, of a representative body of a public body constituted by direct election, or a general public body (i) for the purposes of applying the first paragraph A, by derogation from the first paragraph, for the minimum wage.
The benefit-holder shall be entitled to support in the event of labour-switching and, subject to the relevant provisions of the law, to the supply of labour to labour-switching, which is deemed necessary in the judgment of the UWV.
1 The applicant, the person entitled to benefit and the institution to which, on the basis of Article 30 a benefit is paid pursuant to this law, made on request or on its own initiative as soon as possible to obtain all the information, which it must reasonably be clear to him that it may affect the right to benefit, the amount of the benefit or payment of the benefit, including information included in the framework of re-integration, to the UWV. This obligation shall not apply to the extent that a right to benefit cannot be incurred as a result of a permanent whole refusal.
2 The applicant and the claimant shall:
a. comply with any call from the UWV or from one or more persons designated by the UWV to be present at a place to be determined by or because of the UWV for answers to questions referred to in part b, to cooperate in research as Referred to in subparagraph (c) or compliance with the control rules referred to in subparagraph (d);
Answer questions raised by the UWV or by one or more persons designated by the UWV in connection with the right to benefit under this Law;
c. cooperate with a doctor, psychologist or profession consultant for their work on their occupational fitness to work;
d. Life regulations adopted by the UWV as intended Article 17 After.
3 The obligations referred to in paragraphs 1 and 2 shall apply mutatis mutandis in respect of:
a. the re-integration undertaking commissioned by the UWV; or
(b) persons appointed by the approval of the UWV by a re-integration undertaking referred to in subparagraph (a), to the extent necessary for the performance of the tasks entrusted to such persons and legal persons by agreement.
4 The claimant who does not comply with its re-integration obligations when participating in a re-integration task shall immediately inform the re-integration undertaking.
1 The applicant and the benefit owner shall behave in such a manner that by doing so they shall, and shall, the Toeslagenfonds, be Article 31 of the Toeslagenwet , don't pencate or be bended. In the case of benadeling within the meaning of this paragraph, the conduct referred to in paragraph 1 shall not be understood to be Article 12 .
2 The claimant and the benefit holder shall not retain any generally accepted labour by their own allocation.
3 The applicant or the benefit holder shall not retain generally accepted labour by their own allocation if:
a. there is an urgent reason to this effect within the meaning of Article 678 of Book 7 of the Civil Code whether the applicant or the relevant person entitled to benefit in the matter can be made a reproach;
(b) the service has been terminated by, or at the request of the applicant or the benefit holder, without any objections to its continuation, that it could not reasonably be required of it.
4 The failure to carry out defence by the applicant or the benefit holder against or consent of the applicant or the benefit beneficiary with the termination of employment by or at the request of the employer does not lead to infringement of the obligation referred to in the first or second paragraph.
1 The applicant and the benefit beneficiary shall endeavour to maintain or obtain, to a sufficient extent, the possibilities of carrying out generally accepted labour.
2 In any case, in order to ensure compliance with the obligation referred to in paragraph 1, the applicant and the benefit entitled shall be:
a. Medical treatment or instructions from a doctor if the UWV or the re-integration company, on the basis of the UWV, orders the UWV to do so, on the basis of the advice of a doctor, and does not obstruct the cure;
b. to cooperate in activities or activities aimed at occupational integration, which the UWV considers desirable for the acquisition of possibilities of performing generally accepted labour;
c. to cooperate in the adaptation of the workplace and to personal facilities provided by the UWV for the purpose of obtaining the possibilities of performing generally accepted labour and, where necessary, seek to adapt those arrangements and those provisions to obtain.
The applicant and the beneficiary of the benefit
a. Registered as job-seeking registration and extend that registration in a timely way;
(b) endeavour to obtain generally accepted generally accepted labour;
c. Accepting accepted generally accepted labour;
(d) do not require any work to be carried out by them which impede the acceptance or acquisition of generally accepted labour;
e. prevent them from acquiring any generally accepted labour by their own resources;
f. 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 By ministerial arrangement rules may be laid down whereby groups of persons are exempted from the obligations, referred to in the Articles 12, second paragraph, part c , 14 and 15 .
2 In the case of, or under general management, rules may be imposed on the basis of which applicants and beneficiaries may, in individual cases, be granted a temporary waiver of obligations imposed on them on the basis of the Articles 12, second paragraph, part c , 14 and 15 .
1 The UWV shall adopt a rule of benefit rules which shall contain provisions concerning:
(a) rules for effective control;
b. rules relating to the enjoyment of holidays during the duration of the benefit;
c. Other conditions which are linked to receiving benefit.
2 The rules of benefit laid down by the UWV pursuant to paragraph 1 need to be approved by our Minister.
The employer shall be required to give the applicant and the benefit right to exercise the powers conferred upon them by or under this Law and to comply with the obligations imposed by or under this Act, for provided that the exercise of those powers and the fulfilment of those obligations cannot be carried out outside working time.
1 The UWV refuses to grant benefits under this law in a permanent way if the applicant or the benefit beneficiary is required to comply with the obligation to Article 13, second paragraph -Hasn't been met. In the event of failure to comply with the obligation to which a person is unable to be accused, the UWV refuses, by way of derogation from the first sentence, to reduce the amount of the benefit in part by halving the benefit in respect of a period of 26 weeks.
2 The UWV refuses to grant benefit under this law if the applicant or the benefit beneficiary is an obligation as intended. Article 15 (c) or (e) , not having been properly complied with permanently to the extent to which that person might have acquired income in carrying out the employment in question.
3 The UWV refuses to grant any benefit under this law temporarily or permanently, in whole or in part if the applicant or the benefit beneficiary is an obligation to him on the basis of the Articles 12 , 13, first paragraph , 14 , or 15 parts a, b, or d , or Article 55, second paragraph, of the Act implementing organisation of work and income , not properly fulfilled or not properly fulfilled, the obligation to be applied Article 12, first paragraph , not within the time limit set by the UWV for that reason.
4 A measure as referred to in paragraph 3 shall be tailored to the seriousness of the conduct and to the extent to which the applicant or the benefit beneficiary may be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
5 The UWV may forego the imposition of a measure as referred to in the third or fourth member and shall suffice to give a written warning in respect of the failure to comply with the obligations laid down in time for the purpose of Article 12, first paragraph If the failure to comply with the obligations in time has not resulted in an undue payment or an excessive amount of benefit or in respect of the failure to comply with a provision as referred to in Article 4 (1) of Regulation (EEC) No 431. Article 15, part a , unless the obligation, or failure to comply with the requirements, is not fulfilled in good time, taking place within a period of two years from the date on which a warning was previously issued to the employee.
6 The UWV may forego the imposition of a measure if there are compelling reasons for doing so.
7 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as provided for in Article 21 shall be imposed.
8 In the case of a general measure of management, detailed rules shall be laid down regarding the third and fourth paragraphs.
If the UWV is a measure referred to in Article 19 has imposed, put it in the event of a revival of the right to benefit as intended Article 8 A refusal to grant the benefit.
1 The UWV shall impose an administrative penalty of not more than the penultimate amount for failure or failure to comply properly by the applicant or the benefit beneficiary of the obligation, as referred to in Article 4 (1) of the Treaty. Article 12, 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 12, first paragraph , wrongly or until an excessive amount of benefit has been received.
3 If it is not or is not properly fulfilled by the applicant or the benefit beneficiary of the obligation, Article 12, first paragraph , has not resulted in a bony amount, the UWV shall impose an administrative penalty of up to the amount of the second category referred to in the Agreement. Article 23 (4) of the Code of Criminal Law .
4 The UWV may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to give a written warning for failure to comply or not properly by the applicant or the benefit beneficiary of the obligation, for the purpose of Article 12, 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 alert has been issued to the employee earlier.
5 The UWV imposes an administrative penalty on account of failure or failure to comply properly by the applicant or the benefit beneficiary of the obligation, Article 12, first paragraph , as a result of which is received wrongly or up to an excess amount of benefit, of up to 150 per cent of the bene amount if within a period of five years preceding the day of the offence of the offence a prior An administrative fine or a criminal penalty has been imposed on the basis of a previous infringement, consisting of the same conduct, which has become final.
(6) Under the same practice as referred to in paragraph 5, the meaning of the obligation, which is not properly fulfilled, is to be understood as meaning that the obligation to Articles 12, 1st paragraph , of this law, 12 of the Toeslagenwet , 25 of the Unemployment Act , 80 of the Disability Insurance Act (Wet op de Disability) , 27, First paragraph, of the Wet Work and Income to Labor Equity , 31, 1st Member , or 49 of the Health Act , as a result of which an excessive amount of benefit, sickness 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 applicant or the person entitled to the benefit has been penalised with an unconditional jail term.
8 The UWV 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 obliged to supply to the UWV the information which is important for the enforcement of the administrative fine.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down as regards the procedure for implementing the decision imposing the administrative fine.
12 By way of derogation from Article 8:69 of the General Law governing the administrative law the right to appeal or appeal may also alter the amount on which the administrative fine was determined, to the detriment of the applicant or the benefit beneficiary.
Under ministerial arrangements, rules may be laid down concerning the period for which a deferral of payment of administrative penalty may be granted.
1 The UWV shall set off the administrative penalty with a benefit under this 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 of young handicapped persons , the Law on incapacity for work in the military , the Law Labour and Care , the Unemployment law or a surcharge on the basis of the Supplements Act The one that the offender receives.
2 Without prejudice to paragraph 1, the UWV may convert the administrative penalty 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, upon its request to the UWV if the offender receives a benefit on the basis of the General Old-age Law , the General Survivors Law , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The rights conferred on the Board of Children's Protection shall be applied equally to the UWV. If the UWV makes use of that jurisdiction, the notice of the order of enforcement 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 offender is his obligation, intended to Article 21, ninth paragraph , not properly, or not properly,
a. is the UWV 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.
6 By ministerial arrangement rules may be set about the height of land under Article 24, first or second paragraph Amount to be reckoned and the period or time limits within which the netting is to be charged.
1 In netting specified in Article 24, first paragraph , the administrative penalty is to be charged in Article 21, 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 24, 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 21 (6) , 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 UWV may, at the request of the offender, not or may not apply the first paragraph and second paragraph 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 24, 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 UWV has temporarily or permanently refused, in whole or in part, the claimant or the benefit claimant, in whole or in part, or impose an administrative penalty, the UWV shall establish the re-integration undertaking which has that person's activities to increase the possibilities of employment or to enable employment to be carried out, to the extent necessary for the implementation of the work by the re-integration company.
The UWV shall pay the benefits to which it is subject, on the basis of this Law, per month afterwards.
The benefit beneficiary who is entitled to benefits under this law in one month shall be entitled to a holiday allowance for that month.
1 The holiday benefit is 8% of the amount of benefit under this law, which was the right to be paid during the 12-month period preceding the month of May.
2 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 percentage shall be taken into account in respect of the benefit to which this Law applies from the date on which the amendment goes into effect.
3 The UWV shall pay the holiday allowance annually in May on the month preceding the month preceding that month or, if the right to benefit ends in full earlier than in the month of May, during the month in question.
4 The holiday benefit is paid without having been adopted by decision.
1 After the death of the beneficiary, an death allowance shall be paid as from the day following the death:
a. to the spouse of the benefit beneficiary;
b. in the absence of a spouse, child or minor child 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 the family.
2 The death allowance is equal to the amount of the benefit over a period of one calendar month, calculated according to the amount of that allowance on the day or last for the day of death of the person, intended in Article 3, first paragraph , and Article 3a (1) .
3 In connection with the death of the benefit claimant is Article 6, first paragraph, part f , not applicable.
4 The amount of the death allowance shall be paid by the UWV on its own motion or upon request to the rightholder or entitled persons named in the first paragraph.
5 The amount of the death allowance is reduced by the amount of benefit paid on after death, already paid.
6 The death allowance is not subject to seizure.
7 The death allowance is paid in a lump sum.
1 If the benefit entitlement is entitled to provide or charge of care as intended in the Long-term care law and under that law a contribution to that care is due, the UWV shall be entitled to the benefit of that contribution, rather than to the beneficiary, without paying its authorisation to the Netherlands Zorginstitute, Mentioned in Article 58, first paragraph, of the Zorginsurance Act .
2 Where the beneficiary is incorporated in an establishment for the care of the mentally ill or of the mentally retarded and the UWV, of the relevant establishment or of the college of mayor and council of the municipality which costs the recording The UWV shall be empowered to grant the application without the lodging of any other conditions, and the application shall be made to pay the benefit to that establishment or municipality.
3 Where the first paragraph applies, the jurisdiction referred to in paragraph 2 shall apply to the part of the benefit under that law, which shall not be paid to the Netherlands Zorginstitute.
4 A revision of the benefit under the first paragraph as a result of a change in the fee due shall be made without the decision being taken at the disposal of the Member State.
The benefit under this law which has not been received or has been recovered within 2 years of the day of payment is no longer paid.
In so far as is not otherwise provided by or under this Act, an advance payment shall be deemed to be a benefit under that law.
1 Without prejudice Article 32 the UWV shall suspend payment of the benefit or suspend payment if, on the basis of clear indications, it considers 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; or
c. the applicant or the benefit beneficiary is an obligation as referred to in the Articles 12, first or second members , 13 , 14 , or 15 has not been complied with.
2 If a re-integration company has reported to the UWV that it has reasonable grounds for suspecting that an applicant or a person entitled to benefit does not cooperate in the re-integration business related to him, the UWV shall decide on the entire or partial suspension or suspension of the payment of the benefit to that person for the duration of not more than eight weeks.
3 The UWV shall inform the re-integration undertaking of a decision to suspend or suspend as referred to in the second paragraph.
1 Is known from the claimant or recipient of a benefit to the UWV an address in the Netherlands, whereas in the basic registration persons are automatically admitted to have left for an unknown country of residence, the UWV shall ask him to a different registration in the basic registration persons shall be removed within a reasonable 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 UWV suspends the payment of the benefit to the person, who is entitled to the 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 aldermen is completed and the person referred to in paragraph 2, in the basic registration persons, remains of its own motion with information on the departure from the Netherlands, the UWV shall suspend payment may be made available abroad or an address in the Netherlands is included in the basic registration.
1 A benefit due pursuant to this Law which has been paid in due course and which is due to a decision referred to in Article 9 or 19 paid or provided by the UWV by the UWV, which has been paid out by the UWV.
2 The benefit is recovered from the claimant or the beneficiary if it is found that, over the same period for which a benefit is granted under this Law, it will later receive income which will benefit from the award of benefit have been taken into account.
3 The person from whom recovery is to be recovered on request to the UWV shall provide the information which is relevant for the recovery.
1 By way of derogation from Article 34, first and third paragraphs , the UWV may decide to waive recovery or any further recovery if the person from whom is to 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.
2 The period referred to in paragraphs 1, 3 and 3 of paragraph 1 shall be 10 years if recovery is the result of failure or failure to comply with the obligation laid down in the first paragraph of this Article. Article 12, first paragraph .
3 The period referred to in paragraph 1 (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 12, first paragraph .
4 If there are compelling reasons for this, the UWV may decide to waive recovery, in whole or in part, from recovery.
5 By way of derogation from Article 34, first and third paragraphs The UWV, under conditions to be set by ministerial arrangement, may decide to waive recovery where the amount to be recovered does not exceed a amount to be fixed by Ministerial Regulation.
1 By way of derogation from Article 34, first and third paragraph, the UWV may, at the request of the party concerned or its legal representative, decide to waive recovery or part of any further recovery by cooperating with a debt settlement, if:
a. It is reasonable to foresee that the person concerned will not be able to continue to pay his debts or if he is in the condition that he has ceased to pay;
b. It is reasonable to foresee that, subject to the claims referred to in paragraph 2, a debt settlement of the other creditors will not be established without such a decision;
c. a claim to the UWV reliable proposal for a debt settlement has been established through the intervention of a debt aid provider as referred to in Article 3 (2) of the Treaty. Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply where a claim has arisen as a result of failure to comply with the obligation to comply with the obligation Article 12, first paragraph , and for this a fine as intended in Article 21 was imposed, or if the declaration was made on the basis of the declaration Penal code .
3 The decision to renounce recovery or further recovery shall be withdrawn or modified to the detriment of the person concerned if:
(a) a system of debt which meets the requirements of the first paragraph not within 12 months of publication of that decision;
b. The party concerned does not comply with its debt to the UWV 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 by the UWV as intended Article 34 and 35a is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
1 The UWV may amount to the unowed paid benefit referred to in Article 34, first paragraph ...........
2 Article 24 shall apply mutatis mutandis, except that if the average income of the party concerned for three years is intended for the attachment of the attachment of the Articles 475c and 475d of the Code of Civil Procedure The UWV has not gone beyond the amount of redemption.
Ministerial rules may be subject to rules on the Articles 34 , 35 and 36 as well as the time limit for which payment may be deferred from the payment of the amount of the payment.
1 An allowance under this law is inalienable and not susceptible to forage or sexual assault.
2 Power to receive a benefit under this law under whatever form or name is also granted is always revocable.
3 Any clause contrary to this Article shall be null and void.
1 Benefits payable under this Act, the income dependent contribution payable by the UWV, intended in Article 42 of the Zorginsurance Act and the costs related to the implementation of this Act shall be borne by the Toeslagenfonds, referred to in Article 31 of the Toeslagenwet .
2 To cover the benefits and costs referred to in paragraph 1, the Toeslagenfonds shall be provided with resources of the Kingdom as well as the application of the Article 21 Fines obtained.
3 The UWV shall manage and administer separately the means of coverage of expenditure referred to in paragraph 1, in the form of a part of the Toeslagenfonds.
1 Without prejudice Article 42 decisions pursuant to this Law and the provisions based thereon shall be taken within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within eight weeks of receipt of the application or a notification as referred to in the third or fourth paragraph.
3 If a decision cannot be made within the period of eight weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed in writing.
4 If, in connection with the adoption of a decision referred to in the first paragraph, information has been requested to a person or body outside the Netherlands and for that reason the decision cannot be given within eight 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 A decision on the payment of an advance on the basis of Article 4:95 of the General Administrative Law shall be given within four weeks of receipt of the application.
2 If a decision referred to in paragraph 1 cannot be given within the time limit applicable, it shall be notified in writing to the applicant and shall give effect to the shortest possible period within which the decision may be addressed. can be seen.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law decide the UWV within thirteen weeks of receipt of the notice of objection.
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 The employer which is required to act as Article 18 does not comply with, shall be punished with custody of up to one month or a fine of the second category.
2 The offence referred to in paragraph 1 shall be an infringement.
1 Against judgments of the Centrale Raad van Beroep, each of the parties may appeal in cassation for the infringement or the wrong application of Article 2, second to sixth paragraphs and the provisions based thereon.
2 The rules governing the appeal in cassation against the judgments of the courts of appeal in tax cases shall apply mutatis mutandis, with the Central Board of Appeal taking the place of a court of justice.
1 The following general measures of administration shall be based on the articles of that law mentioned in those measures from the date of entry into force of the relevant provisions of this Law:
a. the Decision on common house registrations 1998 : Article 2 (6) ;
b. Decision of non-urban deprivation of liberty and social security : Article 6 (4) ;
c. Decree-Law of the Social Security Law : Article 21, fifth paragraph ;
d. Measures to be taken by social security laws : Article 19, eighth paragraph .
e. Decision waiver obligations WW and Act WIA : Article 16, second paragraph .
2 The following ministerial arrangements shall, from the date of entry into force of the relevant provisions of this Act, be based on the articles of that law mentioned in those arrangements:
1 The obligations set out in the re-integration framework and the re-integration plan as established for the day on which Article III, Section A, of the Law of 21 May 2012 amending the Law Structure Implementing Work and income related to the adjustment of the services of the Execution Institute workers ' insurance to employers and jobseekers and of the Unemployment Act and any other laws related to the cessation of the commitment of the (a) Integration budget Unemployment Act and wage cost subsidies has continued to be apply to the applicant and to the benefit beneficiary.
2 This Article shall expire five years after the day on which Article III, Section A, of the Law of 21 May 2012 amending the Law Structure Implementing Organisation Work and Income for Adaptation of the Services of the Executive Institute of Workers ' Insurance 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 related to the end of deployment of the re-integration budget Unemployment law and wage cost subsidies in operation has gone.
With regard to the person whose first unemployment day is the day of the day of entry into force of the Article XXXII, Section C, of the Act of Work and Security Remains Article 10 applicable as of the day before that entry into force.
With regard to the person whose entitlement to benefit is given on the basis of the Law employment and income to work is created before the day of entry into force of Article XXXII, Section C, of the Act of Work and Security Remains Article 10 applicable as of the day before that entry into force.
Within 2 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.
1 This Law shall enter into force on a date to be determined by Royal Decree.
2 This Act shall expire with effect from 1 January 2027.
This law is cited as: Income provision of older unemployed persons.
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, 19 June 2008
Beatrix
The Minister for Social Affairs and Employment,
J. P. H. Donner
Published the 28th August 2008The Minister of Justice,
E. M. H. Hirsch Ballin
