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.
Allen, who will see or hear these reading, saluut! do know:
As we considered, it is desirable to create an income provision for older unemployed workers in connection with the change of the WW system and the particular labour market position of the elderly;
It is the case that we, the Council of State, and with the mean consultations of the States-General, have found and understand that we approve and understand this:
For the purposes of this Act and the provisions based thereon shall mean:
- requester: the person who has applied for a benefit under this law submitted or has given written consent to submit an application;
- first day of unemployment: the first day of unemployment as referred to in article 16a of the Unemployment Act;
- minimum wage: minimum wage per month, specified in article 8, first paragraph, part a, of the minimum wage and minimum holiday update Act;
- Our Minister: Our Minister for 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, is the integration of people into labor;
- benefit-entitled: the person entitled to a benefit under this Act;
- UWV: Employee insurance fulfillment institute listed in chapter 5 of the Act implementing organizational work and income;
- custodial sentence or custodial measure: a custodial sentence or detention order that is ordered by irrevocable judgment as referred to in the Code of Criminal Law;
- employer: the employer within the meaning of the Unemployment Act;
- employee: the worker within the meaning of the Unemployment Act;
- WGA benefit: partial job repayments benefit, referred to in chapter 7, Work and Income to Labor Equity.
1 For the application of this law and its based provisions, it shall be equated with:
a. spouse: registered partner;
b. married: registered as a partner;
c. married: registered as a partner.
2 For the purposes of this Act and its dependants, it becomes:
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 blood relative to the second degree, if there is no For one of the second-degree blood relatives, there is a need for care;
b. as unmarried, the person who lives permanently separated from the person with whom he is married.
3 Of a 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 household costs or Otherwise.
4 A common household is considered to be present in any case if the persons concerned have their main residence in the same property, and:
a. they have been married to each other, or have been equivalent to the application of this Law for the purpose of applying this Law in the two years preceding the application of the benefits;
b. from their relationship a child was born or recognised by a child of one by the other;
c. they are mutually obligated to contribute to the housekeeping on the basis of a related social contract; or
d. they are regarded as having a common household attitude, according to their nature and scope, corresponding to the common household position referred to in the third paragraph.
5 In general management measure, rules can be set in relation to what is meant by the show giving care for another person as referred to in the third party member.
6 For general management measures, the registrations, and during which period, shall be taken into account. for the purposes of the fourth paragraph, part d.
7 Relative to the first degree referred to in paragraph 2 (a), 'term' means an adult child or a former child of the unmarried majority aged.
8 Former foster child as referred to in paragraph 7 shall be understood to mean a foster child for whom the unmarried adult person received or receives a foster charge under the Act on the youth care or the Youth Act, or the child benefit received under the Global Child Allowance Law.
1 Right to benefit under this Act has the person:
a. whose first day of unemployment is between 30 September 2006 and 1 January 2020;
b. which is 60 years of age or older on that day;
c. which on that day complied with the condition referred to in Article 42, second paragraph, part a, or b, of the Unemployment law, and
d. who is not subject to exclusion as referred to in Article 6.
2 Also, entitlement to benefit under this Act has the person:
a. which complies with a previous entitlement to benefit under the Unemployment Act according to the conditions referred to in paragraphs (a), (b) and (c) of the first paragraph;
b. for those who subsequently have a new right to benefit under the Unemployment Act on the subject of which article 42b of the Unemployment Act has been applied or has been applied in the matter of which the condition referred to in: Article 42, second paragraph, part a, or b of the Unemployment Act, and
c. to whom none exclusion ground is applicable as referred to in Article 6.
3 The Second paragraph shall not apply if the earlier right referred to in paragraph 2 (a) is not made entirely by reason of a measure of permanent refusal as referred to in point (a). href=" /jci1.3 :c:BWBR0004045&item=27 &g=2016-07-09&z=2016-07-09"> article 27, first and second member, of the Unemployment Act.
4 The right to benefit arises on the day after the day on which the applicable benefit is due under the Unemployment Act , unless on the day prior to the expiration of the benefit period a measure of permanent total refusal of the benefit under Article 27, first or second paragraph of the Unemployment Act applies is.
1 Right to a benefit under this law also has the person:
a. for those who are due to receive the WGA benefit payment from the WGA benefit between 31 December 2007 and 1 January 2020;
b. that on the day the WGA benefit entitlement arose 60 years of age or older, and
c. to whom no exclusion ground as referred to in article 6 applies.
2 The entitlement to benefit pursuant to this article is due to the day after the day when the paid benefit of the WGA's wage-related benefit has expired and cannot be incurred earlier than after the entry into force of this Act.
3 The first paragraph does not apply if item 59, fourth paragraph, of the Work and Income to Labor Assets Act application found, unless the first day of unemployment under which a benefit was received under the Unemployment Act as referred to in that Article, was on or after 1 October 2006, and the person on that day was 60 years of age or older.
1 The UWV establishes on request, or entitlement to benefit under this law.
2 An application will be 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 submitted. The UWV shall be competent to derogate from the previous sentence in special cases.
If no entitlement was created because the person referred to in Article 3 (1)and Article 3a, first paragraph, applied one or more exclusion grounds, right on the day that none of these exclusion grounds arises.
1 For entitlement entitlement, the following exclusion grounds are:
a. living or staying outside the Netherlands other than for holidays;
b. not to remain lawfully resident within the meaning of Article 8 of the Aliens Act 2000;
c. the law is freedom Removed;
d. to evade the implementation of a custodial sentence or measure involving deprivation of liberty;
e. enjoying holidays;
f. the attainment or achievement of the pensionable age referred to in Article 7a, first paragraph, of the General old-age law.
2 The first member, part a, does not apply to the person who is participating in activities during the course of the foreign stay which are conducive to its enablement in labor, provided that:
a. those activities do not last for longer than six months;
b. (i) activities resulting from a declaration 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 any other State party to the Agreement on the European Economic Area or in Switzerland; and
d. the amount owed by the UWV for such activities does not exceed the amount established by Article 4.2, third paragraph, of the SUWI Decision Amount.
3 For the purposes of this Article, the letter of intent is a signed statement. in which the signatory states that he intends to employ a person who works in activities conducive to his occupational integration after the end of those activities.
4 The first member, part c, does not apply to categories of persons to be notified by general measure execution of a custodial sentence or measure involving deprivation of liberty takes place outside a penitentiary establishment or a nursing facility.
5 Under ministerial arrangement rules may be set for cases where application of the first member, part a to e, could lead to inequity, on the basis of which Those parts do not apply.
6 Under Ministerial Rules, rules may be set regarding:class="explicitly whitespace-small">
a. enjoy the concept of holidays referred to in the first paragraph, part e;
b. the determination of the period during which the applicant or the beneficiary may, by way of derogation from the first paragraph, enjoy his right to benefit from the benefit of his right to benefit from the payment of benefits.
The right to a payment ends:
a. from the date on which an exclusion ground applies to the benefit-entitled;
b. the day following the day on which the claimant dies.
If no entitlement to benefit more because of the fact that the person referred to in Article 3, first paragraph, and Article 3a, first paragraph, provides one or more exclusion grounds as referred to in Article 6 has been applied for, relives the right to that benefit on the day when none of these exclusion grounds occurs.
1 Without prejudice to Article 19 , the UWV decisions under this Act or decisions to take such decisions in, if:
a. due to non-compliance or non-compliance with Article 12, 13, 14 , or 15 , and the related the right to benefit has been incorrectly established or the amount of the benefit has been incorrectly established at an excessive amount;
b. otherwise the benefit is erroneously or unduly established;
c. the failure to perform properly or not properly comply with the obligation referred to in Article 12 cannot be determined or still right to benefit.
2 If there are compelling reasons for this, the UWV may Waive or cancel all or part of the revision or withdrawal.
1 The benefit is per calendar month: 0.7 x (A-B).
This includes A for:
a. the monthly wage, referred to in Article 1b, second paragraph, part a, of the Unemployment Act; or
b. the monthly wage, referred to in Article 13, fourth paragraph, part a, of the Act on Employment and Income to Work Power, except that A is not more than 10/7 times the amount, referred to in Article 2, second paragraph, part b, below 1 °, of the Toeslagenwet Act multiplied by 21,75; and
B stands for the income per calendar month.
2 The amount, referred to in paragraph 1, is revised in the manner specified in article 14 of the Minimum Wage Act and minimum holiday update Act.
3 Below income as referred to in the first member means income from labor.
4 On benefit is overseen total deducted.
5 In general management measure, the term "income from income" is determined employment as referred to in the third paragraph and other income as referred to in the fourth 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 To the extent that entitlement to benefit is based on the Unemployment Law has ended in part by performing work as a member of the First Chamber of the States-General, from a representative body of a public law. In the case of a body which is constituted by direct election, or a general administration of a sewerage, the application of paragraph 1 (A) may, by way of derogation from the first paragraph, be applied to the minimum wage.
The benefit holder has the right to support in the event of labour-switching and with due regard for the relevant legal provisions, on the provision deemed necessary by the UWV to be directed to labour-switching.
2 The requester and the benefit-entitled:
a. comply with any call made by 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 subparagraph b, to cooperate in research as intended in part c or the compliance with the control requirements referred to in subparagraph d;
b. Answer questions asked by the UWV or by one or more persons designated by the UWV in connection with the right to benefit under this law;
c. work with one for them studies on their fitness for work by a doctor, a psychologist or an occupational eug consultant;
d. UWV established rules as referred to in Article 17 after.
3 The Obligations referred to in paragraphs 1 and 2 shall apply mutatis mutandis in respect of:
a. the re-integration company commissioned by the UWV; or
b. persons appointed by the UWV, with the consent of the UWV, by a re-integration undertaking as referred to in subparagraph (a), to the extent necessary for the implementation of the contract to be entrusted to such persons and legal persons by agreement tasks.
4 The benefit recipient who does not comply with its re-integration obligations when participating in a re-integration task, Report the reason immediately to the re-integration company.
1 The requester and the benefit owner behave in such a way that they do and leave the Toeslagenfonds intended in
2 The the applicant and the benefit holder do not retain any generally accepted work by their own use.
3 The applicant or the benefit holder does not retain any generally accepted labor by its own application if:
a. there is an urgent reason to this effect within the meaning of Article 678 of Book 7 of the Civil Code and the applicant or the relevant person in the matter is a reproach can be created;
b. the service is terminated by, or at the request of the applicant or the benefit holder, without any objections to its continuation, that such continuation could not reasonably be gevergd
4 Do not perform requisition of defence by the requester or the benefit owner against or consent from the applicant; or the benefit of the right to employment by the termination of employment by or at the request of the employer does not lead to an infringement of the obligation referred to in the first or second paragraph.
1 The requester and the benefit owner are trying to maintain or obtain a sufficient amount of generally accepted labor.
2 In order to comply with the duty, referred to in the first member, the applicant and the benefit entitled shall be mandatory in each case:
a. take care of medical examinations or follow instructions from a doctor if the UWV or the re-integration company is instructed by the UWV, on the basis of the advice of a doctor to do so and do not obstruct the cure;
b. to participate in activities or work aimed at the employment of the UWV, which the UWV considers desirable for the acquisition of possibilities of performing generally accepted labour;
c. work on adaptation of the workplace and for personal services 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 obtain.
The requester and the benefit-entitled
a. registered and renew that registration in a timely way, as a job seeker;
b. attempt to obtain sufficient generally accepted labor;
c. accept offered generally accepted labor;
d. Do not require any work to be done by them which impede the acceptance or acquisition of generally accepted labour;
e. prevent them from acquiring generally accepted labor by their own;
f. (b) Remember from very serious misconduct to the persons and bodies responsible for the implementation of this law while carrying out their activities.
2 At or under general (b) Management may be subject to rules enabling applicants and beneficiaries to be granted a temporary waiver of obligations in individual cases, imposed on them under the provisions of the European Parliament and of the Council of the European Union. href= "#Hoofdstuk3_Artikel12"> articles 12, second member, part c, 14 , and 15.
1 The UWV establishes a rule of benefit rules that contain provisions about:
a. Requirements for effective control;
b. rules regarding the enjoyment of holidays during the duration of the benefit;
c. other conditions associated with receiving benefit.
2 The benefit rules adopted by the UWV pursuant to the first member are subject to approval from Our Minister.
The employer is required to to give the applicant and the benefit-holder the opportunity to exercise the powers conferred on them by or under this Law and to the fulfilment of the obligations imposed by or under this Law, in so far as the exercise of that authority is powers and compliance with those obligations cannot be carried out outside working time.
1 The UWV refuses to make a payment under this law permanently if the requester or the benefit entitlement is referred to in Article 13, second member, has not been complied with. If the failure to comply with the obligation cannot, to a degree, be made to the person, the UWV refuses, by way of derogation from the first sentence, to reduce the amount of the benefit in part by halving the benefit over a period of 26 weeks.
2 The UWV refuses to grant a benefit under this law if the applicant or the benefit entitlement is an obligation as referred to in Article 15, part c, or e, which has not been properly met or has not been properly discharged to the extent to which that person might have acquired income from the work in question.
3 The UWV refuses to grant a benefit under this law temporarily or permanently, in whole or in part if the applicant or the benefit holder is a obligation on the Article 12, 13, first member, 14, or 15 parts a, b, or d, or article 55, second paragraph, of the Act implementing organisational work and income structure, not having been properly complied with, or the obligation referred to in Article 12, first paragraph, not within the framework of the UWV for that purpose. The time limit has been met.
4 A measure referred to in the third paragraph is tailored to the seriousness of the conduct and the degree to which it is based. where the applicant or the benefit beneficiary can be accused of the conduct. In any event, the imposition of a measure shall be waived if there is no need for reproach.
5 The UWV may forego the application of the measure the imposition of a measure as referred to in the third or fourth paragraph and sufficient to give a written warning in respect of the failure to comply in time of an obligation as referred to in Article 12, first Memberif the failure to comply in time of the obligation has not resulted in an undue payment or an excessive amount of benefit, or in respect of failure to comply with a provision as referred to in point (a) of the Treaty. href= "#Hoofdstuk3_Artikel15"> article 15, part a, unless it does not comply with the obligation in a timely way, or it does not comply, takes place within a period of two years from the date on which earlier the An employee has issued such a warning.
6 The UWV may waive the imposition of a measure if there are compelling reasons are present.
7 The imposition of a measure does not continue if the same conduct provides an administrative fine as referred to in Article 21 is being enforced.
8 For general governance measures, detailed rules are applied to: relation to the third and fourth member.
1 The UWV imposes an administrative penalty of up to the bending amount for failure or failure to properly comply with the requester or the benefit beneficiary of the obligation, Referred to in Article 12, first paragraph. The administrative penalty shall not be lower than the penalty imposed on the basis of the third paragraph if there was no penalty amount.
2 In this article, benemating amount means the gross amount that as a result of the failure or improper fulfilment of the liability referred to in Article 12, first member, erroneously or has received an excess amount of benefit.
3 If it is not properly fulfilled by the applicant or the the beneficiary of the obligation referred to in Article 12 (1)has not resulted in a benemating amount, the UWV shall impose an administrative penalty of up to the amount of the second category, Referred to in Article 23, fourth paragraph, of the Criminal Code.
4 The UWV can forego the imposition of an administrative penalty as referred to in the third member and suffice to give written warning for failure to or not properly fulfilling by the applicant or the benefit beneficiary. of the obligation referred to in Article 12, first paragraph, unless it is not or is not properly fulfilled within a period of two years from the date on which the obligation is earlier than the date of the worker has been given such a warning.
5 The UWV imposes an administrative penalty for failing to perform properly or not properly by the applicant or the benefit beneficiary of the obligation referred to in Article 12, first paragraph, as a result of which an excess payment has been received unduly or up to an excess amount, up to a maximum of 150% of the amount of the aid the amount of the penance where an earlier administrative penalty or criminal penalty has been imposed in respect of an earlier offence, consisting of the same conduct, within a period of five years preceding the date of the offence of the offence, which has become irrevocable.
6 Under the same conduct referred to in paragraph 5, it is understood to be non-good or not to be properly understood Compliance with the obligation, referred to in Article 12, first paragraph, of this Act, 12 of the Toeslagenwet 25 of the Unemployment Act, 80 of the Disability Insurance Insurance Act, 27, 1st member, of Work and Income to Labor Equity, 31, first member, or 49 of the Health Act, as a result of which has been granted unduly or up to an excess amount of benefit, sickness benefit, or supplement.
7 By way of derogation from the fifth paragraph, the period of five years specified in that paragraph shall be 10 years if, as a result of the earlier infringement, referred to in the fifth paragraph, the applicant or the applicant benefit of an unconditional prison sentence.
8 The UWV can:
a. reduce the administrative penalty if there is reduced reproach;
b. refrain from imposing an administrative penalty if there are compelling reasons for doing so.
9 The person to whom If the administrative penalty has been imposed, it is obliged to provide the UWV with the information which is relevant for the execution of the administrative penalty.
10 General management measure details about the amount of administrative fine.
11 Under ministerial arrangement rules may be put in place regarding the mode of implementation of the decision imposing the administrative penalty.
12 By way of exception from article 8:69 of the General Administrative Law Act , the right to appeal or appeal may be the the amount on which the administrative penalty has been determined also at the expense of the applicant or change of the benefit beneficiary.
By ministerial arrangement rules shall be set about the time limit for which payment of the administrative penalty may be deferred.
1 The UWV set off the administrative penalty with a benefit under this law, the Disease Act, the Law on Work and Income to Labor Power, the Work Disability Insurance Act, the Law on disability insurance for the self-employed person, the Young Disablement Act Act, the Military Incapacity Facility Act, the Work and Care Act, the The Unemployment Act or a markup based on the Toeslagenwet, which the offender receives.
2 Without prejudice to the first member, the UWV may settle the administrative penalty with a claim against whom the administrative penalty has been imposed on him has.
3 The social security insurance bank is paying the municipality the amount of the administrative fine, without any authorization is required, upon request of the UWV if the offender is granted a benefit under the General Old Age Pensions Act, the General Survivors Act, the Participation Law, the Income Provision Act Elderly and partly unemployed unemployed workers or the Income support act older and partly disabled self-employed self-employed persons.
4 Theinin article 479g of the Code of Civil Procedure to the Board The privileges granted for child protection shall be applied equally to the UWV. If the UWV makes use of this privilege, the notice of the warrant shall be made, by way of derogation from Article 4:123 (1) 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 subject to the obligation of article 21, ninth member, whether or not properly honed:
a. The UWV, by way of derogation from Article 4:93 (4) of the General Administrative Law Act , shall have the power to pay the administrative fine to the extent that the claim of the creditor would be null and void;
b. The attachment of the attachment of the attachment of the attachment of the attachment of the same kind as referred to in Articles 475c to 475th of the Code of Civil Procedureshall apply by way of derogation from the following: href=" /jci1.3 :c:BWBR0005537&item=4:116 &g=2016-07-09&z=2016-07-09"> article 4:116 of the General Administrative Law Act, not in the recovery of an administrative penalty under a penalty order.
6 Under ministerial arrangement, rules may be set about the amount of the amount to be charged under Article 24, first or second paragraph the period or time limits within which this netting takes place.
1 At the settlement referred to in Article 24, first member, the administrative penalty, referred to in Article 21, becomes fifth member, by the Implementing Institute workers ' insurances, by way of derogation from Article 4:93 (4) of the General Administrative Law Act, settled for a period of for a maximum of 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 settlement of the administrative penalty for the same conduct as referred to in Article 21, sixth paragraph; if and to the extent that at the time of the settlement referred to in the first paragraph, the administrative penalty has not been paid by the offender.
3 The UWV may, at the request of the offender, decide not to apply the first paragraph and second paragraph if, having regard to special circumstances, urgent reasons for doing so.
4 The preceding members allow the settlement of the administrative penalty pursuant to Article 24, first paragraph, after the period referred to in the first paragraph. Without prejudice.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act is granted, on the settlement of a portion of the benefit determined under this Act on demand in connection with care costs, housing costs and the cost of children. The free portion of the allowance may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph Detailed rules may be laid down under ministerial arrangements.
7 The released part, referred to in paragraph 5, shall not be open to seized, including natural persons seized from bankruptcy, or application of the debt restructuring scheme.
If the UWV or the applicant the UWV establishes the re-integration undertaking that works for the benefit of that person, either temporarily or permanently, in whole or in part or has imposed an administrative fine on the benefit of the benefit under that law. to increase the possibilities of employment or occupational integration, to the extent necessary for the re-integration undertaking to carry out the work.
The UWV pays the benefit which is subject to the right of a posteria/ month under this Law.
The benefit holder who is on the has a right to benefit under this law for a month, has the right to a holiday benefit over that month.
1 The holiday benefit is 8 percent of the amount of benefit under this law, to which entitlement existed in the twelve month period, prior to the month May.
2 If the percentage of the holiday benefit, specified in article 15, first paragraph, of the minimum wage and minimum holiday update Act, is amended to replace the percentage specified in paragraph 1. The amended percentage shall be taken into account on the benefit to which this Law applies from the date of entry into force of the amendment.
3 The UWV shall pay the holiday benefit annually in May over the months preceding that month, or, if the right to benefit ends in full earlier than in the month of May, in the relevant month.
4 The holiday benefit is paid without having been adopted by decision.
1 Following the death of the benefit owner, an death benefit is paid as from the day following death:
a. to the spouse of the claimant;
b. in the absence of a spouse, child or minor child to whom the deceased person was in family law;
c. in the absence of any of the items referred to in subparagraphs (a) and (b) individuals, to those with whom the deceased was living in a family relationship.
2 The death allowance is equal to the amount of payment of benefit over a period of one calendar month, calculated according to the amount of that benefit on the day or last for the day of death of the person referred to in Article 3, first paragraph, and href= "#Hoofdstuk2_Paragraaf1_Artikel3a"> article 3a, first member.
3 In connection with the death of the benefit recipient article 6, first member, part f, not applicable.
4 The death allowance is of its own motion or upon request to the rightholder or rightholders mentioned in paragraph 1 by the UWV.
5 The amount of the death allowance is reduced by the amount of benefit paid on after death.
6 death allowance is not subject to seizure.
7 The death allowance is paid out in a lump sum.
1 If the benefit entitlement is entitled to provide or charge of care as referred to in the Long Term The UWV shall have the right to make a contribution to that care under that law, without paying its authorisation to the Centre for the benefit of the benefit to the benefit of the benefit, rather than to the benefit of the benefit. Netherlands, referred to in Article 58, first paragraph, of the Zorginsurance Act.
2 If the benefit is in an establishment to care for the mentally ill or of the mentally retarded, and the UWV, of the relevant establishment or of the college of mayor and wethouders of the municipality which If you pay the costs, the request is made to pay the allowance to that institution or municipality, the UWV is empowered to grant that request without the lodging of any other conditions.
3 If the first member finds application, the privilege referred to in the second member refers to the portion of the benefit under this law, which is not to the Zorginstitute The Netherlands is paid out.
4 A revision of the benefit under the first paragraph due to a change in the The amount due is not determined by the decision.
The benefit based on this Law that has not been received or has been recovered within 2 years of the day of payment of the payment is no longer paid.
To the extent of or under this No other rule is determined, an advance payment is considered to be a benefit under this Act.
1 Without Article 32 , the UWV suspends the payment or suspends the payment if it is based on clear directions of Judgement is whether the suspected suspect has:
2 If a re-integration company reported to the UWV that the well-founded presumption exists that an applicant or a benefit beneficiary does not cooperate inadequately with regard to the work of the The UWV shall decide on the total 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 informs the re-integration company of a decision suspending or suspending it as referred to in the second member.
1 Is the claimant's or the recipient of a grant to the UWV an address in the Netherlands known, whereas in the basic registration persons is automatically included that he has left for an unknown country of residence, the UWV requests that the derogation should be unregistered in the basic registration persons within a reasonable time frame.
2 When the expiry of this period, the different registration has not been terminated or if the basic registration does not show that the college of Mayor and of the When the information about the address is examined, the UWV suspends the payment of the benefit to the person, who is entitled to the benefit.
3 The suspension is terminated as soon as it is established that the person, referred to in the second paragraph, is resident or staying abroad or that an address in the Netherlands is 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 of persons is automatically included with data on the departure from the Netherlands, the UWV suspends the payment of the benefit to stay abroad or an address in the Netherlands in the basic registration. persons is included.
1 A payment due under this Act that is due and resulting from a decision referred to in Article 9 or
2 The benefit shall be recovered from the applicant or the beneficiary if it is found that, over the same period for which a benefit is granted under this Law, it will subsequently receive income which would be taken into account in the determination of the benefit have been held.
3 The recovery of the person from whom recovery is requested to the UWV upon request of the UWV importance.
1 By way of exception from Article 34, first and third paragraph, the UWV may waive recovery or recovery decisions, if the person of who is to be recovered:
a. has been fully committed for a period of five years;
b. for a period of five years, it has not fully complied with its payment obligations, but the amount in arrears over the period, plus the statutory interest due thereon and the costs relating to recovery, has been paid. paid;
c. has not made payments for five years and is not likely to be performing it at any time; or
d. an amount, corresponding to at least 50% of the sum redeemed at one time.
2 The parts a, b and c in the first paragraph, The period specified shall be 10 years if the recovery is due to the failure to comply or not properly of the obligation referred to in Article 12, first paragraph.
3 The term referred to in the first paragraph, under a and b, is three years if:
a. the average income of the person concerned in the period covered by the attachment of the attachment to the attachment of the attachment of the attachment to the seizure of the land indeArticles 475c href=" /jci1.3 :c:BWBR0001827&item=475d &g=2016-07-09&z=2016-07-09"> 475d of the Code of Civil Procedure did not exceed; and
b. the recovery is not the result of the failure or failure to properly comply with the obligation referred to in Article 12, first paragraph.
4 If there are compelling reasons for doing so, the UWV may decide to waive recovery in whole or in part from the recovery.
5 By way of derogation from Article 34, first and third paragraph, the UWV may, under conditions to be set by ministerial arrangement, waive recovery decisions if it amount to be recovered from the amount to be determined by ministerial arrangement.
1 By way of derogation from Article 34, first and third member, at the request of the party concerned or its legal representative, the UWV may decide, in part, of recovery or partially recover from further recovery by cooperating with a debt scheme, if:
a. it is reasonable to foresee that the person concerned will not be able to continue paying his debts or if he is in the condition that he ceased to pay;
b. where it is reasonable to foresee that a debt settlement with respect to all claims, subject to the claims referred to in paragraph 2, of the other creditors without such a decision will not be established;
c. A to the judgment of the UWV reliable proposal for a debt settlement has been established through the intervention of a debt aid provider as referred to in article 48 of the Consumer Credit Act;
d. it is likely that cooperation in a debt scheme does not distort competition; and
e. Settlement under the debt settlement is carried out in accordance with Article 349 of the Bankruptcy Act.
2 The first member does not apply if a claim arose due to the failure to comply with the obligation, referred to in article 12, first paragraph, and a fine referred to in Article 21 has been imposed, or if the declaration is made under the Code of Criminal law.
3 The decision to renounce recovery or further recovery shall be revoked or to the detriment of the Interested party changed if:
a. has not been established within 12 months of publication of that decision, a debt arrangement that meets the requirements referred to in the first paragraph;
b. the interested party is debt to the UWV not compliant with the debt scheme; or
c. incorrect or incomplete data has been provided and the provision of correct or complete data to another decision would have led.
4 By ministerial arrangement, detailed rules may be laid down for this Article. Authority to participate in debt schemes.
1 The UWV can recover the unowed paid benefit, referred to in article 34, first member, upon forced order.
2 Article 24 is applicable mutatis mutandis, except that if the average income of the interested party for three years of the attachment-free foot provided in Articles 475c and 475d of the Code is not exceeded, the UWV fixes the redemption amounts below.
1 A benefit under this law is inalienable and not susceptible to pledge or issue.
2 Power to receive a benefit under this law under any form or name is always revocable.
3 Each clause conflicts with this article, is null and void.
1 The benefits payable under this law, the income dependent contribution payable by the UWV, specified in article 42 of the Zorginsurance Act and the costs associated with the implementation of this Act shall be borne by the Toeslagenfonds referred to in article 31 of the ToeslagenAct.
2 To Cover Benefits and the costs referred to in paragraph 1 shall be the Toeslagenfonds with resources of the Kingdom and the fines obtained by applying Article 21 .
3 The UWV manages and controls separately the resources to cover the expenses, referred to in the first member, in the form of a part of the Toeslagenfonds.
1 WithoutOnverminderdArticle 42 , decisions are taken pursuant to this law and the following provisions are taken within a reasonable time after receipt of the request.
2 The reasonable period of time expired in any case when no request was made within eight weeks of receipt of the application. has been given neither a notification referred to in the third or fourth paragraph.
3 If a decision is not within the eight-week period, 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 giving of a decision referred to in the first paragraph, information has been requested to a person or authority 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.
1 A decision on the payment of an advance based on Article 4:95 of the General Administrative Law Act be given within four weeks of receipt of the request.
2 If a decision referred to in the first member is not within the The applicant shall be notified in writing to the applicant in writing, indicating the shortest time allowed for the decision to be granted.
By deviation of article 7:10, first member, of the General Administrative Law Act , decides the UWV within thirteen weeks of receipt of the objection.
By general measure of The Management Board may be subject to rules governing the handling of objections to decisions on which a medical or occupational assessment is based.
1 The employer who fails to comply with his obligation as referred to in article 18 is punished with custody of up to one month or a fine of the second category.
2 The criminal offence described in the first paragraph is a violation.
1 Against judgments of the Centrale Raad van Beroep, each of the parties may appeal in cassation for the infringement or incorrect application of article 2, second to sixth member , and its related provisions.
2 On this appeal the rules governing the appeal in cassation against the judgments of courts of appeal in tax cases, mutatis mutandis, where the Centrale Raad van Beroep takes the place of a court of justice.
1 The following general administrative measures shall be based on the relevant provisions of this Act from the date of entry into force of the relevant provisions of this Act. articles of this law:
2 The following ministerial arrangements are held from the date of entry into force of the relevant provisions of this Act also to the articles of This law:
1 The obligations included 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 until amendment of the Act structure implementing organisation work and income related to the adjustment of the services of the implementing institute employees ' insurance to employers and jobseekers and of the Unemployment Act and any other laws continue to apply to the applicant and the beneficiary of the benefit in connection with the termination of the commitment to the re-integration budget and of wage-cost subsidies.
2 This article expires five years from the day on which Article III, Section A, of the Law of 21 May 2012 amending the Law Structure Act Executive organisation of work and income relating to the adaptation of the provision of workers ' insurance services to employers and jobseekers and the removal of the Council for Work and Income as public law Legal person with a statutory duty and the Unemployment Act and any other laws relating to the termination of the commitment of the Unemployment Act and the Wage Cost Subsidies has entered into force.
With respect to the person whose first unemployment day is situated before the date of entry into force of Article XXXII (C) of the Act of Work and Security continues to must apply as of the day before it enters into force.
With respect to the person whose right to benefit under the Work and Income to Labor Assets Act arose for the day of the entry into force of article XXXII, Part C, of Work and Security remains article 10 applicable as it was on the day before that enter into effect.
Our Minister sends within 2 years after the entry into force of this Act to the States-General a report on the effectiveness and effects of this law in practice.
1 This law will enter into force at a time to be determined by royal decree.
2 This law expires with effect from 1 January 2027.
This law is quoted as: Income provision of older unemployed persons.
Orders and orders to be placed in the Official Gazette and that all ministries, authorities, colleges and officials, who so concern, to the exact execution hand.
' s-Gravenhage, 19 June 2008
The Minister for Social Affairs and Employment,
J. P. H. DonnerPublished the 28th August 2008
The Minister of Justice,
E. M. H. Hirsch Ballin