Key Benefits:
Act of 18 February 1966 on incapacity for work
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is appropriate to lay down rules on compulsory insurance for employed persons against the pecunious effects of long-term incapacity for work;
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 For the purposes of this Act and of acts adopted in its implementation, the following definitions shall apply:
a. Our Minister: Our Minister of Social Affairs and Employment;
b. Employee Insurance Implementing Institute: The Employee Insurance Implementation Institute, named in Chapter 5 of the Act implementing organisation of work and income ;
c. Incapacity fund: the fund mentioned in Article 112 of the Social Insurance Financing Act ;
(d) entities: legal persons, firms and partnerships, non-legal forms of cooperation which may be assimilated to social rights with associations, undertakings of legal persons and target assets;
e. [ Red: expiring;]
f. [ Red: expiring;]
g. Stranger: what is meant by the Aliens Act 2000 ;
h. unpaid leave: a leave of leave between the employer and employee for part or the whole of the working time, in which the employee does not work with the employer;
(i) law has been deprived of his freedom: freedom of law has been deprived of his freedom, except in the cases provided for in the Law on special drawings in psychiatric hospitals and in Article 37, first paragraph, of the Penal Code ;
(j) Judicial equipment: a penitentiary establishment, a provision for the provision of equipment for the purpose of consulting, or a device as intended for the purpose of Article 1 (b) of the PrincipLaw of the Judicial Youth ;
k. reintegration company: a natural or legal person who, in the context of the exercise of profession or business, promotes the enablement of persons in employment;
l. residual earning capacity: that which can still be earned by the insured person, who is entitled to a disability benefit, with employment as in the case of, or under Article 18 has been established;
m. government employer: the government employer, intended in Article 1 (k) of the Public Employees Act under the employees ' insurances ;
(a) deprivation of liberty or deprivation of liberty: a custodial sentence or measure involving deprivation of liberty imposed by an irrevocable judgment as intended for the purpose of Penal code , subject to the cases provided for in Article 37, first paragraph, of the Penal Code .
2 The following shall be treated in the same way as for the purposes of this Act and of acts adopted until its implementation:
a. spouse: registered partner;
b. spouses: registered partners;
c. Married: registered as a partner.
3 For the purposes of this Act and of decisions taken to comply with its implementation:
a. As married or as a spouse, the unmarried majority-year-old, who carries a common household with another unmarried adult, unless it concerns a relative of the first degree;
b. As unmarried, the person who lives permanently separated from the person with whom he is married shall be regarded as unmarried.
4 A common household is involved if two persons have their main residence in the same dwelling and they show care for each other through the provision of a contribution to the cost of the household or otherwise.
5 A common household shall in any event be deemed to be present if the persons concerned have had their main residence in the same dwelling and:
a. They have been married to each other, or have been equal to them before the application of this Law;
b. their relationship a child has been born or recognised by one child of one by the other;
(c) they have a mutual obligation to contribute to the housekeeping under a contractual social contract; or
d. They shall be regarded as having a common household attitude, according to their nature and scope, corresponding to the common household, referred to in the fourth paragraph.
6 In the case of general management measures, the registrations and during which period shall be taken into account for the purposes of the fifth paragraph.
7 In the case of a general measure of management, rules may be laid down in respect of what is meant by the demonstration to ensure another, as referred to in the fourth paragraph.
8 Under the first degree referred to in paragraph 3 (a), part (a) shall be understood to mean an adult child or a former foster child of the unmarried adult adult.
9 Under the former foster child as referred to in paragraph 8, the term 'foster child' means a foster child for whom the unmarried adult has received or receives a foster charge on the basis of the Law on Youth or the Juvenile law , or child benefit received on the basis of the General Child by-entry law .
1 Where a person lives and where a body is located is assessed according to the circumstances.
2 For the purposes of the first paragraph, ships which have their home port within the Netherlands shall be regarded as being part of the Netherlands.
1 Employee is the natural person who is the retirement age, intended Article 7a, first paragraph, of the General old-age law , has not yet been reached, which is in private law or in public service law.
2 Who fulfils his services outside the Netherlands shall not be regarded as an employed person, unless he is resident in the Netherlands and his employer also lives or is established in the Netherlands. In so far as an employer:
a. A permanent establishment in the Netherlands for the exercise of his business or profession, or has a permanent representative resident or established in the Netherlands; or
b. employs one or more persons in the Netherlands and he is designated by or because of Our Minister as an employer,
for the purposes of applying the first sentence, he shall be treated in the same way as an employer residing in the Netherlands or established in the Netherlands.
3 By way of derogation from the first and second paragraphs, not as a worker shall be considered to be the foreigner who is not lawfully resident in the Netherlands within the meaning of Article 8 (a) to (e) and (l) of the Aliens Act 2000 .
4 In the case of, or pursuant to general measures of administration, it may be determined that:
a. persons residing outside the Netherlands are also regarded as an employed person, in so far as they fulfil their services outside the Netherlands;
(b) persons residing in the Netherlands are also regarded as an employed person, in so far as they fulfil their employment outside the Netherlands and their employer is resident or established outside the Netherlands.
5 In the case of, or under a general measure of management, the first, second and third paragraphs may be derogated from in respect of:
a. Aliens;
(b) persons subject to rules for insurance against the pecuniary effects of long-term incapacity for work of Aruba, Curaçao, Sint Maarten or the social legislation of the Netherlands for the benefit of public entities Bonaire, Sint Eustatius and Saba, of any other power, or of an organisation of international law; and
c. persons who only stay temporarily in the Netherlands or are temporarily employed in the Netherlands.
6 In the case of a measure referred to in paragraph 5, a derogation from the third paragraph may be waived as regards:
(a) aliens who have been lawfully employed in the Netherlands or who have been engaged in the work;
b. aliens who, after having been lawfully resident in the sense of Article 8 (a) to (e) and (l) of the Aliens Act 2000 , legitimately residing in the Netherlands as intended in Article 8 (g) or (h) of the Aliens Act 2000 .
If necessary by derogation from Article 3 and the following provisions:
a. The person whose insurance arises under this law from the application of provisions of a Treaty or of a decision of an international organisation shall be considered to be an employee;
b. shall not be considered as an employee the person to whom the legislation of another power is applicable under a treaty or to a decision of an international organisation.
1 As a service the employment relationship shall be considered to be:
a. The person, other than self-employed, and other than as a homeworker, under an agreement to approve work as intended Article 750 of Book 7 of the Civil Code , personally, a work is to be established;
b. The person who A the person referred to in the event of establishing that work;
(c) the person who, under contract with another person to whom remuneration is paid, provides mediation for the conclusion of contracts between persons to be visited by him and the other, provided that he provides the said mediation solely for the purpose of the granting of such a conciliation is not a subsidiary to him and is not usually assisted by more than two other persons;
(d) the person who, under contract with another person to whom remuneration is paid, provides mediation for the conclusion of contracts between the persons to be visited by him and a client of the other, provided that he or she mediation only for the other, the provision of that mediation is not an activity to which it is a subsidiary, and is not usually assisted by more than two other persons;
e. [ Red: expiring;]
f. The person, who as a member of the crew of a fishing vessel is entitled to a stake in the besomming, unless he
1. as such, against the pecunious effects of incapacity for work, is insured under the Social Fund for the fishing industry;
2. the operator or co-operator of the vessel;
g. [ Red: expired;]
h. The person employed as a driver for the benefit of a cooperative which, with its members, only applies to contracts of employment Article 610, 1st paragraph, of Book 7 of the Civil Code If he is a member of the cooperative, and according to its articles of association and subject to the requirements laid down in the third paragraph and under paragraph 4, it may be considered to be a cooperative with workers ' selfgovernment.
2 The provisions of the preceding paragraph, A and B , remains out of application, if under A The agreement was entered into directly with a natural person for the benefit of his personal affairs.
3 A cooperative as referred to in the first paragraph, part H , comply with the requirements, that:
a. Generally, at least two-thirds of the number of persons with whom the cooperative is a contract of employment as referred to in Article 610, 1st paragraph, of Book 7 of the Civil Code has closed, is a member of the cooperative;
b. membership of the cooperative by each of the in A Persons referred to may be acquired under the same conditions and conditions of pecunious nature do not constitute a material obstacle to the procurement of their membership;
c. the members of the cooperative have one vote;
(d) the working conditions of members of the cooperative do not differ materially from what is customary in the case of similar undertakings in the sector concerned;
(e) a member of the cooperative, subject to the liquidation of the cooperative, may, upon the termination of its membership, be entitled to a maximum of his or her entitlement to his or her condition as a result of a pecunious condition as referred to in paragraph 1. B , either from others, amount paid to the cooperative, rereined to cash-out-of-money devaluation.
4 In the case of a general measure of management, rules may be laid down using the requirements set out in paragraph 3
(a) be determined;
b. are complemented by other requirements under which the cooperative can be considered to be a cooperative with employee self-government.
5 For the purposes of paragraph 1 (a), 'self-employed person' means the person who:
a. Lives in the Netherlands and enjoys taxable profits as a result of: Section 3.2.1 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account; or
b. does not live in the Netherlands and which benefits from taxable profits from the Netherlands company as intended Section 7.2 of the Income Tax Act 2001 , unless it does not actually drive the company for its own account;
c. Director-General shareholder is as referred to in Article 6, first paragraph, part d , and the work is carried out exclusively for the account and the risk of the company of the legal person of which he is a managing director.
In the case of, or under general management, rules may be laid down, which shall also be regarded as a service of the employment relationship of:
a. The person, who performs work as a homeworker;
b. The person who A shall assist the person referred to as assistance in the performance of the work;
c. the person acting as a musician or otherwise as an artist or an occupation of a branch of sport;
d. the person who, against remuneration, carries out personal work and whose employment relationship is not already regarded as a service as a result of the preceding provisions, but may be socially equal to that point.
1 As a service, the employment relationship shall not be considered as:
a. The person, that Minister, Secretary of State, National Ombudsman, Deputy Ombudsman, Member of the Member States or alderman of the Member State;
(b) the person who fails to fulfil an obligation imposed on him by the law or by a commitment other than by a contract of employment entered into by him against the Government in respect of the defence of the country or for the protection of public policy and the safety of the population and of the person who, as a volunteer, is carrying out work in the fire brigade, whether or not at the wage level;
(c) the person who normally carries out exclusively or almost exclusively services on less than four days a week for the benefit of the household of the natural person to whom he is in employment;
d. The Director-General Manager;
e. the person who volunteered as intended to Article 2, 6th paragraph, of the Law on Earnings Act 1964 , receive only benefits or benefits referred to in that paragraph with a combined value of up to € 150 per month and € 1 500 per calendar year.
2 No employment shall be deemed to be present on days on which no work is carried out and no benefit or benefit is enjoyed by less than half of the normal salary of the employer, unless the employment is not engaged in the employment Cause:
a. a normal interruption or inability to perform the work, until such interruption or inability to take longer than one month;
b. weather conditions, lack of materials or such conditions;
c. [ Red: Expiring;]
d. the condition that the service is intended to cover only part of a normal working week;
The fact that the service is intended to be not performed regularly in every calendar week in so far as it concerns the calendar week in which work is carried out or work is carried out, if the person concerned does not had become incapacitated;
f. incapacity for work in respect of which sickness benefit is paid under the Disease law whether incapacity benefit has been granted under this Act.
3 For the purposes of paragraph 1 (c), the provision of services for the benefit of a household shall be understood to mean the provision of care to members of that household.
4 The first and second paragraphs shall apply only to the industrial relations referred to in that paragraph.
5. In agreement with our Minister of Finance, our Minister shall lay down rules as to what is meant by the major shareholder referred to in paragraph 1 (d).
For the purposes of this Act, an employed person shall be considered as:
a. The person who, by virtue of the compulsory insurance on the basis of the Unemployment law ( Stb. 1986, 566) receives benefit;
b. In cases to be indicated by Our Minister, the person who has lost at least five or at least half of his working hours per calendar week as referred to in Article 16, first paragraph, part a, of the Unemployment Act , but to whom no benefit is granted under any provision of that law or from the unemployment insurance scheme of the Employment Insurance Institution, or of a scheme as referred to in subparagraph c;
(c) The person who does not work because of unemployment and who receives benefits under a scheme to be awarded by the Minister of State.
For the purposes of this Act, the following shall be considered as an employee:
a. The person who, by virtue of the compulsory insurance under the Disease law sickness benefit;
(b) In the cases to be indicated by our Minister, the person who does not work for incapacity for work but who is not given any cash sickness benefit under any provision of the Disease law ;
(c) the person who does not work for incapacity for work, but who does not receive any cash sickness on the basis of Article 29, first paragraph, of the Law on sickness but a surcharge on the basis of the Supplements Act .
1 For the purposes of this Act, the person who receives benefits under the compulsory insurance under this Law shall be deemed to be an employed person.
2 The first paragraph shall not apply to those who do not reside in the Netherlands.
For the purposes of this Act, the following shall be considered as an employee:
a. Employee or assimilated, intended in Article 3:6, 1st paragraph, of the Law of Work and Care to whom payment is made under Chapter 3, Section 2, Section 1 of that Act;
b. in cases to be indicated by Our Minister, the person who does not work in connection with pregnancy and childbirth, other than in the case of Article 29a of the Health Act But to whom no payment is paid under Chapter 3, Section 2, Section 1, of the Law of Work and Care.
The employer is the public employer as the natural person to whom or the body to which one or more natural persons are in employment.
If the employer is considered:
1 °. in the cases specified in Article 4, first paragraph , below:
A and b: the tender;
C and The following the person with whom the contract has been concluded;
e: [ Red: expired;]f: the operator or co-operator of the vessel;
g: [ Red: expired;]H : the cooperative;
2 °. in the cases specified in Article 5 , below:
a: the client;
b: the home worker;
c: the person, with whom the action or the sporting activity has been agreed;
The following the one, the one at the in Article 5 shall be designated as an employer, as provided for in the general measure;
3 °. the designated withholding agent, specified in Article 6, 6th paragraph, of the Law on Earnings Act 1964 .
1 The Implementing Institute workers ' insurances shall be regarded as an employer in the cases provided for in Article 7 (a) , Article 7a (a) and (c) , Article 7b and Article 7c (a) .
2 In the cases provided for in Article 7 (b) and (c) , Article 7a, part b , and Article 7c (b) , as an employer, is considered to be the person appointed by Our Minister as an employer.
3 Where the Implementing Institute workers ' insurance is the benefit or supplement referred to in the Articles referred to in paragraph 1, together with the contributions payable on the employer by the employer and the income dependent on income, as referred to in Article 4 (2). Article 42 of the Zorginsurance Act , pays to the employer, meant in Article 8 , 9 or 11 In order to pay for this benefit or supplement by the intermediary of his/her intervention, the latter shall, for the purposes of applying the first paragraph, replace it with employees ' insurances, independently of the survival of the Employment relationship with that employer.
4 In the case of a ministerial arrangement, detailed rules may be laid down in relation to the contributions payable by the employer as provided for in paragraph 3.
Our Minister may, in agreement with our Minister of Finance, by way of derogation from the Articles 8 and 9 designate a person other than the person referred to there as an employer in respect of:
(a) the person who, under contract with another contract, provides mediation with other means of establishing agreements between persons to be visited by him and a client of the other;
b. The person assisting a homeworker as an aid in the performance of the work;
c. the person acting as a musician or otherwise as an artist or as a profession practists a branch of sport.
The employer shall be required to give the insured person the opportunity to exercise the powers conferred upon him by or under this Law and to the fulfilment of the obligations imposed on him by or under this Law, in so far as the exercise of those powers and the fulfilment of those obligations cannot be carried out outside working time.
1 This Act, with the exception of Article 44 , below pay, the pay in the sense of Chapter 3 of the Social Insurance Financing Act .
2 Minimum Wage is minimum wage per month, meant in Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances ( Stb. 1968, 657) or, in the case of an employee under the age of 23 years, the minimum wage per month applicable to his age, as referred to in Article 4 (1) of the Treaty Article 7, third paragraph , and Article 8 (3) of the said Act , both increased by the holiday allowance calculated on the subject in question: Article 15 of that Act , and then divided by 21,75.
3 Wages and undistributed enjoyed by different persons shall be deemed to be equal to the same share by each of them, to the extent that it is not apparent from any other division.
4 The person referred to in a scheme as referred to in Article 7 (c) The receipt of benefits shall be deemed to be paid on every day on which he receives the benefit, equal to that benefit.
1 For the purpose of calculating incapacity benefit under this Law, a daily wage is 1/261 part of the salary which the worker in the one-year period ending on the last day of the declaration period is due. prior to the period of return of the incapacity for work, but not more than the amount of the amount of the incapacity for work, intended to be issued in accordance with Article 17, first paragraph, of the Social Insurance Financing Act , in relation to a pay period of one day.
2 In the case of general management measures, detailed rules shall be laid down as regards the setting of the daily wage referred to in paragraph 1 and the revision of the daily measure.
1 The daily wages are revised as of the day on which and to the extent specified in the amount Article 8 (c) of the minimum wage law and minimum holiday allowances ( Stb. 1968, 657) is hereby revised.
2 Our Minister makes in the Official Gazette known as from which day and the percentage of the revision referred to in the first paragraph.
3 A revision of the benefit resulting from a review of the daily wage will be carried out without the decision being made by decision.
4 The Employee Insurance Implementing Institute shall pay the revised benefit referred to in paragraph 3 at the next payment of benefit after the revision referred to in the first paragraph has taken place.
1 The person who became incapacitated before 1 January 2004 and at the time at which he became unfit for work was insured under the compulsory insurance scheme:
a. during the waiting period, intended in Article 19 ;
b. for 4 weeks after the end of the waiting period specified in Article 19 If, at the end of the waiting period, he is unfit for work less than 15% but within four weeks, 15% or more of incapacity for work is incapacitated;
During the period for which he is entitled to incapacity benefit.
2 The person who became incapacitated for work and at the time at which he became unfit for work was insured under the compulsory insurance scheme:
a. For five years from the date of the withdrawal, Article 43 , if Article 43a, first paragraph , no application because Article 43a, fourth paragraph , applicable;
b. For five years after reaching the end of the waiting period, intended in Article 19 If he was unfit for work because of sickness or defect, but was not entitled to incapacity for work because he was unfit for work, if he had not been incapacitated for work, if he had not been incapacitated for work, if he had not been incapacitated, if Article 43a, first paragraph , no application because Article 43a, fourth paragraph , applicable.
1 The person who becomes unfit for work within four weeks of the end of his insurance shall be regarded as having been insured under the right to revise a disability benefit. If the insurance is based on a service referred to in Article 3 The first sentence referred to in the first sentence shall be the right to review the benefit first after the termination of the employment.
2 The first paragraph shall continue to apply in respect of the person in question Article 6, first paragraph, point (a) or (b) -You're not insured.
3 In the case of, or under general management, rules may be imposed on the basis of which persons who are not insured and who are unfit for work or who, in cases such as those referred to in Article 37, second paragraph , more incapacity for work, as a result of occupational diseases to be classified by that measure, for entitlement to an incapacity for work, are regarded as being insured under the scheme.
1 Incapacitated for work, in whole or in part, is the person who, as a direct and objective medical practitioner, is unable, in whole or in part, to earn a living, which is a healthy person, persons, with similar training and experience, on the spot where he or she has performed or last performed, or in the vicinity thereof, usually earning with labour.
2 The person who, since the date of commencement of his or her insurance, is already partially incapable of work within the meaning of paragraph 1 shall be regarded as wholly or partly as a result of the claims which he/she claims to be entitled to -a incapacity for work, if he or she is, as a direct and objective medical person, a consequence of illness or defects, whether in whole or in part, incapable of working with employment, which is similar to those of the same person, who are unfit for work within the meaning of the first member, on the spot where he or she is or has been the last person to work. do, or in their surroundings, usually earn from work. The first sentence shall not apply in respect of the person who, immediately prior to the date of commencement of the insurance, has enjoyed uninterrupted unpaid leave to a maximum of eighteen months, except where it concerns partial incapacity for work within the meaning of the first paragraph, which existed on the day preceding the first day of such leave. Uninterrupted unpaid leave is to be considered as periods of unpaid leave following each other with a break less than a month.
3 If the incapacity for work carried out at the start of the insurance has subsequently taken effect, within the meaning of the first paragraph, the second paragraph shall then apply mutatis mutandis, except that for the commencement of insurance in the the time at which the incapacity for work took place within the meaning of the first paragraph.
4 The second and third paragraphs shall not apply where, at the start of insurance, the person concerned is already receiving incapacity benefit under a previous insurance period.
5 In the first and second paragraphs, the term 'first' shall mean all generally accepted labour to which the insured person is capable of his powers and abilities.
6 When determining the degree of incapacity for work, no account is taken of whether the insured person can actually obtain the work.
7 [ Red: Expated.]
8 In respect of the provisions of this Article or, where appropriate, derogations may be made by virtue of a general measure of management.
9 The nomination for a general measure of directors to be established pursuant to paragraph 8 or the adoption of a ministerial arrangement based on such a general measure of management shall not be taken after the draft the State Official has been published and has been given the opportunity to inform Our Minister within four weeks of the date on which the publication is made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
10 In the assessment of incapacity for work, as provided for in this Law, the insurance physician shall use scientific knowledge as much as possible to support the assessment of incapacity for work.
1 The insured person, who becomes incapacitated, shall be entitled, as soon as he has been incapable of incapacity for work, to receive incapacity benefit if he is unfit for work after the end of that period. The first day of incapacity for work is the first working day on which, due to illness, no work or work during working time has ceased. Under ministerial arrangements, detailed rules may be laid down and days on which the work would not be taken may be considered a working day.
2 For determining the 104-week period referred to in the preceding paragraph, periods of incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks or if they immediately preceded and rejoined at a period of time in which allowance is made for pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause.
3 The insured person, referred to in paragraph 1, who is not incapable of work at the end of the period referred to in the first, second and seventh Member States, shall also be entitled to benefit from incapacity for work, but in respect of whom it is Case is within four weeks of the end of that period.
For the purposes of applying the provisions of the preceding paragraphs, the person who is unfit for work, who is less than 15% incapacity for work, shall not be regarded as incapacity for work.
5 For the purpose of determining the period of 104 weeks referred to in the preceding paragraphs, periods shall always be taken into account, during which entitlement to sickness benefit is claimed under the Disease law and are not taken into account during which a benefit is enjoyed as referred to in the second paragraph.
For the purposes of applying the provisions of the preceding paragraph, an interested party shall be deemed to have been entitled to sickness benefit under the Disease law -if he/she is related to the Articles 19a , 19b , 19c , 29 , 30 , 31 , 44 and 45 of the Health Act No cash sickness benefit is paid.
7 The period of withdrawal referred to in paragraph 1 shall be extended by the Employment Insurance Institution at the joint request of the insured person and the employer to whom the insured person, in the event of incapacity to work for reasons of incapacity for work, is to be insured. disease, is entitled to pay as intended Article 629 of Book 7 of the Civil Code Unless: Article 29 or Article 29a, 1st or 4th member, of the Law on Disease applies, or is entitled to, remuneration on the basis of Article 76a of the Health Act Unless: part a of Article 76c of that Act is applicable, unless serious circumstances preclude such action. The extended withdrawal period shall end on the date indicated by the Workers ' Insurance Implementing Institute. The extended withdrawal period may be shortened, at the request of the employer or the insured person, or is further extended on their joint request, unless there is a serious situation in which such a withdrawal is made. In the case of shortening of the extended withdrawal period, the Implementing Institute shall set a new date for the extension of the extended withdrawal period, provided that the withdrawal period does not end more than 15 weeks after that request, unless the period of grace period expires. the employer is not due for the expiry of the period of the fifteen weeks, due to the fact that the employment has ended. At the time of publication of the Decision, the Implementing Institute shall state the possibility of making an application for the grant of the benefit and of the period within which such an application is made. The second and fourth paragraphs shall apply mutatis mutandis. Detailed rules may be laid down under a ministerial arrangement with regard to this paragraph.
The insured person, intended to Article 19 , where he is already entitled to incapacity benefit on the day on which entitlement to incapacity for work is to be granted, does not have the right to incapacity for work.
1 The insured person referred to in Article 19 , does not have the right to benefit from incapacity for work if the day on which entitlement to incapacity benefit is to enter or the day after the end of the application of the Article 19b in respect of that right to benefit, it is situated in a period which has been deprived of his freedom of law.
2 The person, who, under paragraph 1, has no right to benefit from incapacity for work and the person who is unfit for work before 1 January 2004, but on the basis of Article 19b of the Health Act has no right to sickness benefit, is returned as an insured person from the day he is placed in freedom and has the right to benefit from incapacity for work in accordance with the provisions of this Law, if he/she is entitled to incapacity for work on that day incapacity for work. Article 19, fourth paragraph , shall apply mutatis mutandis. The Articles 18 (2) to (4) , and 30, first paragraph, part a are not applicable, except as far as they are concerned, on the day preceding the first day of his/her liberty, that the person in question has been deprived of his freedom of incapacity for work within the meaning of Article 18, first paragraph .
3 For the purposes of the first paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
4 The person referred to in paragraph 2 who is not incapable of work on the day referred to in that paragraph, but in respect of whom it is the case within four weeks of that date, shall be reinstated as an insured person from the day of his or her liberty; be entitled to incapacity benefit in compliance with the provisions of this Law. Article 19, fourth paragraph , shall apply mutatis mutandis. Article 30, first paragraph, part b , does not apply.
5 The first paragraph shall not apply, and the second and fourth members shall apply mutatis mutandis to categories of persons to whom enforcement of a custodial sentence or deprivation of liberty, to be awarded to a general measure of management measure outside a judicial establishment.
The insured person, intended to Article 19 , does not have the right to benefit from incapacity for work if and for as long as he has been involved in the implementation of a custodial sentence or detention order.
1 The insured person referred to in Article 19 , does not have the right to benefit from incapacity for work if the day on which entitlement to incapacity benefit is due is situated in a period which does not reside in the Netherlands.
2 The first paragraph shall not apply where the insured person is resident on that day in a country in which entitlement to incapacity benefit may exist under a Treaty or by a decision of an international organisation.
3 The person, who, under paragraph 1, has no right to benefit from incapacity for work and the person who is unfit for work before 1 January 2004, but on the basis of Article 19a of the Health Act has no right to sickness benefit, is from the day:
a. He resides in the Netherlands; or
(b) that he is resident in a country with which a treaty has entered into force or has become in force by a decision of an international organisation under which entitlement to incapacity for work may exist;
is recognised as insured and has the right to benefit from incapacity for work in accordance with the provisions of this Law, if he is unfit for work that day. Article 19, fourth paragraph , shall apply mutatis mutandis. The Articles 18 (2) to (4) , and 30, first paragraph, part a , do not apply.
4 The person referred to in paragraph 3 who is not incapable of work on the day referred to in that paragraph, but in respect of whom this is the case within four weeks of that date, shall be regarded as an insured person from that day and shall have due regard to the person concerned. the provisions of this Law on the granting of incapacity for work. Article 19, fourth paragraph , shall apply mutatis mutandis. Article 30, first paragraph, part b , does not apply.
5 In the case of or under general management measure, provision may be made to ensure that the insured person is Article 19 -entitlement to incapacity benefit if the day on which entitlement to incapacity benefit is to be granted is situated in a period where the insured person does not reside in the Netherlands in the case of:
a. An insured person carrying out activities in the public interest;
b. an insured person living in Aruba, Curaçao, Sint Maarten or in the public entities Bonaire, Sint Eustatius and Saba; or
(c) the members of the family of the insured person referred to in parts a or b.
6 Our Minister shares in which countries may exist under a treaty or by a decision of an international organisation for the grant of incapacity for work. This communication shall also include:
(a) the place where the relevant Convention or Decision is established; and
b. any restrictions which may be present in that Convention or Decision.
1 The incapacity benefit under this Act consists successively of an unemployment benefit, for which the daily wage is the criterion and a follow-up allowance, for which the follow-up daily wage is the same as the criterion.
2 The incapacity benefit is not taken into account per day, Saturdays and Sundays, in the event of incapacity for:
| 15 -25% |
14% |
from 100/108 times the dagloon or the follow-up dagloon |
| 25-35% |
21% |
from 100/108 times the dagloon or the follow-up dagloon |
| 35-45% |
28% |
from 100/108 times the dagloon or the follow-up dagloon |
| 45-55% |
35% |
from 100/108 times the dagloon or the follow-up dagloon |
| 55-65% |
42% |
from 100/108 times the dagloon or the follow-up dagloon |
| 65-80% |
50,75% |
from 100/108 times the dagloon or the follow-up dagloon |
| 80% or more |
75% |
from 100/108 times the dagloon or the follow-up dagloon |
3 In determining the degree of incapacity for work, account shall be taken of new qualifications obtained.
The duration of the loanditional allowance shall be for the person who, on the date from which he is entitled to incapacity for work, shall:
58 years or older is six years;
53 years or older is three years;
48 years or older is two years;
43 years or older is one and a half years;
38 years or older is one year;
33 years or older is half a year, and
is less than 33 years of age.
1 After the completion of the Article 21 A the period provided for shall be subject to the following as a measure of the follow-up daily wage.
2 The follow-up dagloon is equal to the minimum wage increased by a percentage of the difference between the daily wage and the minimum wage.
3 For the calculation of the follow-up daily wage, a percentage of 2 times the number of years elapsed between the 15th year and the age of the person concerned at the date from which he is granted incapacity for work.
4 If the daily wage is lower than the minimum wage, the followup dagloon is fixed at the dagloon.
For the purposes of applying Article 21 A and the third member shall be a member of the person in respect of whom Article 35, second paragraph , is applied as a date from which incapacity benefit is granted, taken into account, the date on which the incapacity benefit would have been granted if that Member had not been applied.
An incapacity benefit calculated for incapacity for work of 80% or more shall be provided if the person concerned is in a position to be subject, in a period at least provisionally, to which regular application and care is required, to be provided for: the duration of that relief shall not exceed 100/108 times its dagloon or increased its follow-up dagloon. The provisions of the preceding sentence shall not apply where the person concerned is included in an establishment and the cost of residence is borne by health insurance or health insurance.
1 The Implementing Institute may, where appropriate, give the person who is entitled to or in the enjoyment of a disability benefit, calls or calls for it, and on a by or because of it. Implementing institute workers ' insurances to be interrogated or interrogated for the purpose of entitlement to incapacity benefit or the award or provision of a reintegration instrument, as an instrument for the award of a worker's pension. Intended in Chapter IIB .
2 The Implementing Institute Workers 'Insurance may place the persons referred to in paragraph 1 on a place to be determined by, or through the Implementing Institute, employees' insurances by one or more experts appointed by him. examine.
3 The expert designated for that purpose by the Implementing Institute shall be entitled to call for the persons referred to in paragraph 1, even without a contract from the Implementing Institute, to question the persons referred to in the first paragraph, calling, interrogating and doing investigations by one or more experts appointed by him to do so.
1 The Implementing Institute workers ' insurances and the expert appointed by him to that end may lay down rules for the benefit of a treatment or benefit to the person who is the person who is entitled to benefits from incapacity for work or of healing or, to the extent that, as a result of the task of promoting the occupational integration of the Member States, Article 30, first paragraph, part b, of the Act implementing organisation work and income .
2 The Implementing Institute employee insurance may require, in the context of the implementation of the first paragraph, that the person referred to in the first paragraph shall register as a person seeking employment in the Implementing Institute for the insurance of employees.
1 The Implementing Institute workers ' insurance does not temporarily or permanently grant the benefit, in whole or in part, if a person is as referred to in Article 23, first paragraph , after being called upon in good time, did not appear or refused:
(a) to answer questions asked by the Staff Insurance Implementing Institute or the expert designated by him to do so;
examine itself by the expert appointed by the Implementing Institute for the insurance of employees; or
c. to comply with the requirement given by the Implementing Institute or the appropriate expert for the purpose of observation or residence in a designated establishment.
The Implementing Institute shall act in accordance with the provisions of paragraph 1 where incapacity for work appears, to the extent that this increase appears to have arisen from the same cause of incapacity for work, to the extent that the on the subject of which it did not meet the summons or refusal.
Allowances and, if they require their status, their conductors, travel expenses, subsistence expenses and loss of time shall be reimbursed in the cases and in accordance with rules by the Implementing Institute for the provision of employees ' insurance.
The Implementing Institute shall be responsible for determining the control requirements. These rules may not go beyond what is strictly necessary for the proper implementation of this law.
The Implementing Institute shall act in accordance with the provisions of the Staff Regulations: Article 25 :
(a) if the person concerned is the person or expert designated by the Implementing Institute, or Article 24 in the interest of any treatment or cure, or to preserve, restore or promote the ability to perform work and to register as a job seeker at the Employment Insurance Implementing Institute without not properly ground;
(b) if the person concerned does not consider it necessary, as long as the Implementing Institute has given its assurance or the expert designated by it to consider it necessary, subject to medical treatment or if he requirements of the treating physician do not follow;
c. if the person concerned is guilty of conduct, thereby hindering his recovery or failing to cooperate sufficiently to obtain adaptation to his or her illness or defect;
(d) if the person concerned is the control rules referred to in Article 27 , or the obligation to Article 55, second paragraph, of the Act implementing organisation of work and income , having been complied with, whether or not it has been duly complied with, the obligation to Article 80 has not been complied with within the time limit set by the Implementing Institute for the insurance of workers;
e. if the person concerned intentionally caused his incapacity for work;
f. if the person concerned does not comply with the requirements specified in Article 34, third paragraph , Article 34a, first paragraph , or Article 34a, fourth paragraph ;
g. if the person concerned does not cooperate without reasonable grounds for training or training provided by his employer or the implementing institute for the performance of their duties on the basis of their duties Article 658a, 1st paragraph, of Book 7 of the Civil Code Respectively Article 30, first paragraph, part b, of the Act implementing organisation work and income is considered desirable for the integration of labour;
(h) if the person concerned refuses or has refused to cooperate without proper ground, or has refused to cooperate with any reasonable rules or measures taken by his employer or by an expert designated by that employer, and shall be required to enable the interested party to perform appropriate work or if, in the course of the examination of the application, Article 34, third paragraph , and in the assessment referred to in Article 34a, first paragraph , it appears that the interested party did not make sufficient reintegration efforts without adequate soil. For the purposes of this part, the employer shall include the own-risk-carrier, as referred to in paragraph 1. Article 1, first paragraph, part h, of the Law on sickness ;
i. if the interested party does not cooperate without reasonable grounds to establish the reintegration control, Article 30a, 1st paragraph, of the Act structure implementing organisation work and income , or the reintegration plan, referred to in Article 30a, third paragraph, of that Act ;
j. if the interested party is concerned with the obligations included in the reintegration television, Article 30a, 1st paragraph, of the Act structure implementing organisation work and income , or in the Reintegration Plan, intended in Article 30a, third paragraph, of that Act , not properly fulfilled, or not properly;
k. if the person concerned does not comply with reintegration obligations when participating in a reintegration project, has not immediately communicated the reason for the reintegration undertaking;
(l) if the party concerned does not remember very serious misconduct in respect of the persons and bodies responsible for the implementation of this law while carrying out their activities.
1 A measure as referred to in Article 25 or 28 be adapted to the seriousness of the conduct and to the extent to which the person concerned may be known to the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.
2 The Implementing Institute employees ' insurances may waive the imposition of a measure as referred to in Article 28 and are sufficient to provide a written warning in respect of the failure to comply in time of the obligation to Article 80 In cases where failure to comply in time of the obligation has not resulted in an undue payment or an excessive amount of benefit or of failure to comply with the rules laid down in Article 4 (2), Article 34, third paragraph , or in Article 34a, first paragraph , unless the obligation to comply with the rules does not take place in good time within a period of two years from the date on which the warning has previously been issued to the party concerned.
3 The Employee Insurance Implementing Institute may waive the imposition of a measure if there are compelling reasons for doing so.
4 The imposition of a measure shall not be required if, for the same conduct, an administrative fine as referred to in Article 29a shall be imposed.
5 In the case of, or under general management, detailed rules shall be laid down in respect of the first paragraph.
1 The Implementing Institute shall impose an administrative penalty of up to the amount of the penalty for failure or failure to comply properly by the person concerned or by his legal representative of the obligations, as specified in Article 4 (1) (b). Article 80 . 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 80 , wrongly or until an excessive amount of benefit has been received.
3 If it is not or is not properly fulfilled by the interested party or its legal representative of the obligation, Article 80 , the Implementing Institute shall impose on workers ' insurances an administrative fine of up to the amount of the second category as referred to in Article 4 (2). Article 23 (4) of the Code of Criminal Law .
4 The Insurance Institution may waive the imposition of an administrative penalty as referred to in the third paragraph and suffice to provide a written warning for failure to comply or not properly by the interested party or its legal representative of the obligation to Article 80 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 Workers ' Insurance Implementing Institute imposes an administrative penalty for failure to comply or not properly by the person concerned or by his legal representative of the obligations referred to in Article 4 (1) of the Treaty. Article 80 , 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 80 of this law, 25 of the Unemployment Act , 12 of the Toeslagenwet , 12, first paragraph, of the Income Provision Act older unemployed , 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, in view of the earlier offence referred to in paragraph 5, the person concerned or his legal representative has been penalised with an unconditional jail time.
8 The Employee Insurance Implementation Institute may:
a. Reducing the administrative fine if there is a reduction in reproach;
(b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.
9 The person to whom an administrative penalty has been pened shall be required to supply workers ' insurances to the Implementing Institute, on request, with the information which is important for the enforcement of the administrative penalty.
10 In the case of general administrative measures, detailed rules on the level of the administrative penalty shall be laid down.
11 In the case of ministerial rules, rules may be laid down regarding the procedure for implementing the decision imposing administrative penalties.
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 of the administrative penalty to the detriment of the person concerned or of his legal representative.
1 The Implementing Institute workers ' insurances shall set out the administrative fine with a benefit under this law, the Unemployment law , the Disease law , the Law employment and income to work , the 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 Income Provision of the older unemployed , the Law Labour and Care or a surcharge on the basis of the Supplements Act , who receives the person to whom an administrative fine has been imposed.
2 Without prejudice to paragraph 1, the Implementing Institute may charge the administrative fine with a claim against the person to whom the administrative penalty has been imposed on him.
3 The Social Insurance Bank shall pay the municipality the amount of the administrative fine, without the need for an authorisation, at its request to the Implementing Institute workers ' insurances if the person to whom a administrative penalty has been imposed on the benefit of a benefit on the basis of the General Old-age Law , the General Survivors Act , the Participation Act , the Income Provision of the elderly and partially unemployed unemployed workers or the Law on income provision older and partly incapacitated self-employed workers .
4 The in Article 479g of the Code of Civil Procedure The Board of Directors for Child Protection shall apply equally to the Employee Insurance Implementation Board. If the Implementing Institute makes use of that power, the notice of the compulsory order shall be made by way of derogation from Article 4:123, 1st paragraph, of the General Administrative Law Act , by means of transmission by post to the person to whom the fine has been imposed.
5 As long as the person concerned or his legal representative is required to comply with his Article 29a, ninth paragraph , not properly, or not properly,
a. is the Employee Insurance Implementation Institute by way of derogation from Article 4.93, fourth paragraph, of the General Law governing the administrative law competent to charge the administrative fine to the extent that the creditor would be seized upon the claim;
b. applies to the attachment free foot intended in the Articles 475c to 475th of the Code of Civil Procedure , by way of derogation from Article 4:116 of the General Administrative Law Act , not in the recovery of an administrative fine in the case of a warrant.
1 In netting specified in Article 29g, first paragraph , the administrative penalty is to be charged in Article 29a, 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 29g, 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 29a, sixth paragraph , if and to the extent that at the time of reckoning referred to in the first member, the administrative penalty by the offender has not been paid.
3 The Implementing Institute shall not, at the request of the offender, decide to apply the first paragraph and second paragraph, or no longer, if, having regard to special circumstances, urgent grounds for doing so may be necessary.
4 The preceding paragraphs shall leave the settlement of the administrative fine on the basis of Article 29g, first paragraph Without prejudice to the period referred to in the first paragraph.
5 If, as a result of the settlement referred to in the first and second paragraphs, general assistance under the Participation Act shall be released on application by a ministerial order on application of the said Act in respect of costs of care, housing costs and the cost of children. The free share of the benefit may be made dependent on the living situation.
6 For the purpose of applying the fifth paragraph, detailed rules may be laid down by means of a ministerial arrangement.
7 The released part referred to in paragraph 5 shall not be open for confiscation, including confiscation of natural persons under the bankruptcy or application of the debt-anting scheme.
If the Implementing Institute has temporarily or permanently refused, in whole or in part, the insured person's benefit under this Act, or has imposed an administrative fine, the Implementing Institute shall propose that the implementing institute shall workers ' insurance undertaking the reintegration undertaking providing for the employment of that insured person with a view to increasing the possibilities of employment or occupational integration, to that effect in so far as it does not necessary to carry out the work by the reintegration company.
1 The Implementing Institute shall have the power to exclude all or part of all or part of the claims arising out of this Act, either temporarily or permanently:
a. Overall incapacity for work, which existed at the time, that the insurance took a start;
(b) incapacity for work, which occurred within a period of six months from the date of commencement of insurance, and the state of health of the person concerned, at the time of the commencement of his insurance, the incapacity for work It was supposed to be expected within half a year.
2 The first paragraph shall not apply to the person who, immediately prior to the date of commencement of the insurance, has enjoyed uninterrupted unpaid leave to a maximum of eighteen months, unless in so far as it concerns incapacity for work within the meaning of the first paragraph, which existed on the day preceding the first day of such leave. Uninterrupted unpaid leave is to be considered as periods of unpaid leave following each other with a break less than a month.
3 The paragraphs in the first paragraph, B This power is intended to include an increase in incapacity for work, to the extent that such an increase appears to have arisen from the same cause of the incapacity for work, which is within half a year of the commencement of insurance. entered.
4 The provisions of the first paragraph, B , shall not apply in respect of the person, who immediately preceding the date of commencement of insurance, in relation to the given date of commencement of insurance, Article 6, first paragraph, point (a) or (b) -I wasn't insured.
5 Our Minister may lay down further rules on the power conferred by the Implementing Institute for the provision of employees in this Article.
If, for the purpose of determining entitlement to benefit under this law, in the context of an application for the award of a benefit under this law, in the opinion of the implementing institution workers ' insurances a medical If the person concerned does not cooperate in the investigation, any claims arising under this law shall not be eligible for any benefit under this law until such time as entitlement to benefit cannot be established.
As long as the Implementing Institute provides employment insurance under the Articles 25 , 28 , 30 , and 30a disqualified incapacity for work, Article 18, second paragraph , corresponding application with regard to the claims to be taken by the person concerned to this law, on the understanding that before the commencement of insurance is in place the moment, with effect from which the Implementing Institute shall be workers ' insurance non-incapacity for work.
1 In respect of claims arising out of this Act, incapacity for work, which is entered during a period, during which the insured person is entitled to claim on the basis of Article 64 of the Social Insurance Financing Act Exemption was granted from obligations under this Act.
2 Article 30, second paragraph , and Article 31 shall be applicable mutatis mutandis.
1 The incapacity benefit is granted on request.
2 The Employee Insurance Implementation Institute shall inform the person concerned of the possibility of making an application in writing no later than four months before the date on which the 104-week waiting period is to be used. Article 19, first paragraph -It's over.
3 The person concerned, who wishes to benefit from the grant of the benefit, must submit his claim within 21 months of the start of his incapacity for work. If the withdrawal period is referred to in Article 19, first paragraph , was renewed under the seventh paragraph of that article, the application for grant of benefit, by derogation from the first sentence, is made no later than 13 weeks before the expiry of the worker ' s insurance scheme. fixed extended wait time done.
4 Without prejudice to the provisions of this Law relating to the revision or the abrogation of the incapacity for work, certain persons born after 1 July 1954 shall be subject to a period of time determined by or on the basis of general rules of administration. be reviewed by the Implementing Institute for workers ' assurances on whether there are grounds for amendment of the degree of incapacity for work for revision or withdrawal of the disability benefit. The time may be set differently for different groups of persons. A general measure of administration may stipulate that the first sentence shall not apply to certain groups of persons.
5 An application shall be deemed to have been filed in good time if the Implementing Institute has not made the notification as referred to in the second paragraph, or if, on the basis of a subsequent notification other than that of the second paragraph, the application of the application shall be submitted within four weeks of receipt of the notification.
6 Where the application of the third paragraph would lead to obvious hardness, the Implementing Institute shall be entitled to grant workers ' insurance the benefit of its own motion.
7 If the waiting time, intended in Article 19, first paragraph , has been extended on the basis of the Seventh member of that Article , the Implementing Institute workers ' insurance shall decide not to deal with the application referred to in paragraph 3, if it has been submitted before the request for renewal.
1 The application for grant of benefit is accompanied by a reintegration report as referred to in Article 71a . The first sentence shall not apply to the extent that Article 71b, first paragraph , application finds. The Implementing Institute shall assess employee insurance or the employer and the insured or the own-risk-carrier, as referred to in Article 2 (2). Article 1, first paragraph, part h, of the Law on sickness and the persons referred to in Article 29, second paragraph, parts a, b and c of that act Those that were last to him in terms of employment could have been reasonable to the reintegration efforts, which have been carried out.
2 If the Implementing Institute has given Employee Insurance Application to Article 71a, ninth paragraph , or Article 71b, third paragraph, second sentence , the Employee Insurance Implementing Institute shall reject the application.
3 At the time of publication of the decision referred to in paragraph 2, the Implementing Institute shall notify workers ' assurances of the possibility of making a new application for the award of the benefit and of the period within which it is to be granted which the application is made to.
4 The period of time within which the party concerned does a new application for the grant of the benefit shall be:
a. no later than 13 weeks before the end of the period for which the employer is based on the Article 629 paragraph 11, part d, of Book 7 of the Civil Code , is required to pay the pay or on the basis of Article 76a, sixth member, part c, of the Disease Act , is obliged to pay the salary.
b. As soon as possible, if the period for which the employer is on the basis of Article 629 paragraph 11, part d, of Book 7 of the Civil Code , is required to pay the pay or on the basis of Article 76a, sixth member, part c, of the Disease Act The employer is obliged to pay the salary for less than 13 weeks, or if the employer is not obliged to pay more before the end of that period;
(c) no later than 13 weeks before the expiry of the period for which the owner of the own-risk-bearing product, Article 1, first paragraph, part h, of the Law on sickness , on the basis of Article 29 (1) of that Law It is compulsory to pay the cash sickness benefit;
d. As soon as possible, if the period for which the self-risk carrier is intended to Article 1, first paragraph, part h, of the Law on sickness , on the basis of Article 29 (1) of that Law It is compulsory to pay sickness benefit for less than 13 weeks.
1 The incapacity allowance shall be applicable on the day, from which the person concerned satisfies the requirements for entitlement to the benefit.
2 By way of derogation from the preceding paragraph, the incapacity allowance may not be earlier than one year preceding the day on which the application was made. The Implementing Institute of Workers ' Insurance may derogate from the preceding sentence for special cases of the preceding sentence.
1 The incapacity allowance shall be reviewed when the person to whom she has been granted is entitled to a higher or lower benefit due to or under this law.
In the case of an increase in incapacity for work, revision of the incapacity benefit must be carried out in accordance with the provisions of the Articles 37 to 40 .
1 Without prejudice to any revision or withdrawal of a decision to grant incapacity for work in this law, and in respect of refusal of such benefit, the Implementing Institute shall be reviewed. workers ' insurances with such a decision or withdraw them in:
a. for the purposes of a decision referred to in Article 30 ;
b. if not properly fulfilling an obligation on the basis of: Article 25 , 28 or 80 has led to an undue payment of benefit or an excessive amount of benefit;
c. if otherwise the benefit has been wrongly or to an overstated amount;
d. if not properly fulfilling an obligation on the basis of: Article 25 , 28 or 80 leads to a failure to establish whether entitlement to benefit is still subject to the payment of benefits.
2 If there are compelling reasons for it, the Implementing Institute may decide to waive all or part of the revision or withdrawal as referred to in the first paragraph.
3 A decision to grant wage supplements as referred to in Article 3 (1) of the EC Treaty Article 65c , or of income supplementation as intended in Article 65d shall be withdrawn or revised, where the payment of wages or income or the provision of supplies is subject to the payment of an unjustified or excessive amount of the supply.
1 The revocation or reduction of a disability benefit, resulting from the objection or appeal brought by the employer, shall not take place earlier than six weeks after the day on which the decision on objection was published or the ruling was published has been done. The first sentence shall apply mutatis mutandis in the event of revocation of the objection or appeal, since the Implementing Institute has been wholly or partly satisfied with the employer's objection or appeal.
2 The first paragraph shall not apply if the benefit is wrongly or to an excess amount fixed by the person's fault or by the payment of the insured.
(1) Subject to an increase in incapacity for work, the rate of incapacity for work, calculated on the basis of a incapacity for work of less than 45%, is subject to revision of incapacity for work. Articles 39 and 39a , take place as soon as the increased incapacity for work has taken 104 weeks to complete.
2 The revision referred to in paragraph 1 shall not be carried out if the benefit of the benefit in the event of the increase in incapacity for work is justified solely by reason of the fact that the person concerned has not been Article 7b is considered to be an employee and has manifested the increase of a cause other than that of which the incapacity, in respect of which the incapacity benefit is received, has emerged.
3 For the purpose of determining the period of 104 weeks referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the period of 104 weeks, periods during which sickness or maternity benefit must be given on the basis of Article 3:7, 1st paragraph , 3: 8 , or 3:10, 1st member, of the Law Labor and Care Act is enjoyed, out of consideration.
On the subject of an increase in incapacity for work, revision of incapacity for work, calculated on the basis of an incapacity for work of 45% or more, is subject to revision of the incapacity for work Article 39 , place as soon as the increased incapacity for work has taken four weeks to complete.
2 Where incapacity benefit calculated for incapacity for work of at least 45% but less than 80% of incapacity for work has been revised for incapacity for work, less than 45% but within four weeks after the day, from which the benefit has been revised, the incapacity for work increased again, the first member shall be subject to a derogation from Article 37 .
3 For the purpose of determining the four-week period referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connecting to a period in which allowance is made in connection with pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 , or 3:10, 1st member, of the Law Labor and Care Act is enjoyed, out of consideration.
1 In respect of an increase in incapacity for work, revision of incapacity for work may be carried out by way of derogation from Article 37 once the increase in incapacity for work takes place, if such an increase occurs:
a. Within four weeks after the day, starting from which the disability benefit was granted;
(b) within four weeks of the day, starting from which incapacity benefit has been revised earlier because of increased incapacity for work;
(c) within four weeks of the day of incapacity benefit, which had previously been calculated on the basis of an incapacity for work of 80% or more on the incapacity of the incapacity for work, has been reassessed for incapacity for work to incapacity for work. Less than 80%;
d. Within a period to be given by Our Minister to be indicated by our Minister.
2 If the incapacity benefit was granted, a revision of the invalidity benefit had been carried out earlier on the basis of an increase in incapacity for work. Article 35, second paragraph , below Article 42, second paragraph , in relation to the provisions of the preceding paragraph, shall apply: A and B As a day as from which incapacity allowance was granted, the day, from which the benefit would have been granted, revised as a result of the benefit, if Article 35, second paragraph , below Article 42, second paragraph , no application would have found.
(1) With regard to an increase in incapacity for work which occurs within five years of the date of grant or revision of the incapacity for work, arising from the same cause as the incapacity for work in respect of which the person concerned is incapacitated In the event of an increase in incapacity for work, the period of absence of the increased incapacity for work has taken place at a time of four weeks.
2 For determining the four-week period referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are preceded by immediate prior and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 , or 3:10, 1st member, of the Law Labor and Care Act is enjoyed, out of consideration.
3 This Article does not apply if there is a right to review the incapacity for work on the basis of Article 38 or 39, first paragraph, parts a to c, or third member .
If, as a result of an increase in incapacity for work, both the revision of the incapacity benefit is granted or arose on the basis of the Articles 37 , 38 , 39 , 39a and 39c As an infirmary money on the basis of the Disease law The amount to which the incapacity benefit is or is increased shall be paid to the extent that this exceeds the amount of the sickness benefit, if the sickness benefit is payable on the basis of the Article 45 of the Health Act was rejected in whole or in part.
1 In the case of an increase in incapacity for work, by way of derogation from the Articles 38 , 39 and 39a , revision taking place as soon as the increase in incapacity for work has taken 104 weeks if the increase in incapacity for work is:
a. entitlement to sickness benefit on the basis of the Disease law ;
(b) in the case of employment on the basis of which the employee is labour to be entitled to the right to pay as referred to in the Article 629 of Book 7 of the Civil Code , or if the right to pay is missing in whole or in part by the application of the third, fifth, sixth or ninth paragraphs of that article; or
(c) entitlement to remuneration as provided for in Article 76a, First Member of the Law of the Law , or where the right to that remuneration is based on Article 76a, third or seventh member, or Article 76b, first, second or third member of the Health Act either totally or partially missing.
2 For the purpose of determining the period of 104 weeks referred to in paragraph 1, periods of increased incapacity for work shall be aggregated if they follow each other with a break less than four weeks, or if they are immediately preceding and connect to a period of time of benefit in connection with pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the determination of the 104-week period, periods during which pregnancy or childbirth allowance are enjoyed under Article 3:7, first paragraph, 3:8, or 3:10, first paragraph, of the Act of Work and Care shall continue to be disregarded.
1 The dagloon of the insured, intended to Article 19aa , as from the day on which the second entitlement to incapacity benefit would have been incurred, shall be reestablished in accordance with the provisions of the Article 14 , provided that it leads to a higher daily wage than the daily wage that was taken into account for the calculation of the last received loan-allowance or follow-up benefit. By way of derogation from the provisions of Article 14, or in pursuance of Article 14, the occupational incapacity benefit under this law shall not be regarded as pay at the time of the day-fixing.
2 For the purposes of applying the first paragraph, Article 14, first paragraph , instead of the words 'prior to the period of the incapacity for work': before the end of the declaration period during which the incapacity for work originated from which the second right of incapacity had been entered. The incapacity for work would have arisen.
3 In the course of receiving a follow-up allowance to the insured person who has become ill after entitlement to disability benefit, as a result of the application of Article 19aa , no second entitlement to incapacity benefit is incurred, taking into account the second to fourth sentences, from the date on which the second right to incapacity benefit would have been incurred, a payment of loanditional allowance granted. For the duration of that loving-allowance, by way of derogation from Article 21a , the age of the person concerned on the day on which the second entitlement to incapacity benefit would arise. The grant of the lobe-payment may be granted only if the duration of that benefit is longer than the duration of the loanditional allowance to which entitlement existed immediately preceding the date on which the supplementary allowance was made. The duration of the loanc allowance to be granted shall be reduced by the duration of the last payment of the loving-allowance received. During the duration of that lobe, no entitlement to follow-up benefit exists.
(4) After the expiry of the loanditional allowance provided for in paragraph 3, the following shall apply to the calculation of the followup dagloon: Article 21b, third paragraph , a percentage of 2 times the number of years elapsed between the 15th year and the age of the person concerned on the day of the revision of the incapacity benefit.
5 In the case of ministerial arrangements, detailed rules may be laid down in respect of this Article.
1 Increase in incapacity for work shall take place on application or on an ex officio basis.
In any case, an increase in incapacity for work in respect of an increase in incapacity for work is carried out on an ex officio basis, if the person concerned is responsible for the payment of sickness benefit under the Disease law Or on the end of the Article 629, 1st paragraph, of Book 7 of the Civil Code or in Article 76a, 1st paragraph, of the Law of the Health The period of 104 weeks provided for shall be eligible for a higher incapacity for work.
1 The revision of the invalidity benefit is the day, starting from which the person concerned is eligible under or under this Law for higher or lower benefits.
2 With regard to the revision of the incapacity benefit, which results in an increase in that benefit, Article 35, second paragraph , mutatis mutandis.
3 The review of incapacity for work in respect of the withdrawal of incapacity for work is carried out on the day on which the decision was taken as the day on which the incapacity for work had been reduced.
4 If revision of incapacity benefits is linked to completed training or training, this revision shall not take place earlier than one year after completion of such training or training.
1 The incapacity benefit is withdrawn where incapacity for work has ended or has fallen below 15%.
2 The withdrawal of the incapacity benefit is in effect on the day referred to in the order as the day on which the incapacity for work had ended or 15% had fallen below.
3 If withdrawal of incapacity benefit is linked to completed training or training, Article 42, fourth paragraph , mutatis mutandis.
4 The incapacity allowance of the person taking part in an education or training shall not be withdrawn or reconsidered during such training or training in relation to any resulting decrease in incapacity for work. If the person concerned is in a position to acquire income during training or training, Article 44, first paragraph , mutatis mutandis.
5 The incapacity benefit is withdrawn if the person entitled to incapacity for work has been deprived of his freedom from the day of a single month of freedom of liberty.
6 The incapacity benefit is withdrawn if the person entitled to incapacity benefit is deprived of the execution of a custodial sentence or measure involving deprivation of liberty.
7 For the insured person who, on the day prior to the release of liberty, is not entitled to incapacity for work under paragraph 6, the right to incapacity for work shall end, by way of derogation from the fifth paragraph, from the day of the insured person's incapacity. That the freedom of freedom goes into effect.
8 For the purposes of the fifth paragraph, periods of freedom of freedom shall be aggregated if they follow each other with a break of less than four weeks.
1 If the person
(a) whose incapacity for work on the grounds of incapacity for work on the basis of Article 43, first paragraph , has been withdrawn, or
b. which at the end of the in Article 19 Having regard to the fact that he was unfit for work due to illness or defects, but was not entitled to incapacity for work because he was not incapacitated, was not incapacitated,
within five years of the date of revocation, or within five years of the end of the withdrawal period, of incapacity for work, and the result of that incapacity for work arising from the same cause of incapacity for work in the matter of which the withdrawn benefit was enjoyed or which, under which he was unfit for work because of sickness or defects, is subject to incapacity for work as soon as it has been granted The incapacity for work has taken four weeks to complete.
2 For determining the four-week period referred to in paragraph 1, periods of incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connected with the duration of the period of work. at a period of time in which allowance is made for pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. At the time of the adoption of the first four-week period, periods during which the period of pregnancy or childbirth on the basis of Article 3:7, 1st paragraph , 3: 8 , or 3:10, 1st member, of the Law Labor and Care Act is enjoyed, out of consideration.
3 In cases where: Article 20 of the Incapacity Insurance Act Other Article 3:21 of the Law on incapacity for work, young people with disabilities does not find an application because Article 29b of the Health Act For the purposes of calculating incapacity for work, the basis for calculating the incapacity benefit for the calculation of the most recently received incapacity benefit on the basis of the Law for incapacity for the self-employed Other Law on incapacity for work of young handicapped persons was taken into account, or 108/100 times the basis which would be taken into account, if after the end of the waiting period, intended in Article 7, first paragraph, of the Law on incapacity for the self-employed Other Article 3:3, 1st paragraph, of the Law on incapacity for work of young people with disabilities (i) entitlement to incapacity for work on the basis of a latter law, such as since the termination of that benefit since the end of the period of withdrawal on the basis of a Article 8 of the Incapacity Insurance Act Other Article 3: 7 of the Wet incapacity for the young handicapped would have been revised.
4 This article does not find application if on the basis of Article 47 (i) entitlement to the re-opening of the incapacity benefit.
5 The Articles 19a and 19b and the provisions based thereon shall apply mutatis mutandis.
6 If the incapacity benefit is granted under this Article, and also entitlement to sickness benefit under the Disease law (i) the incapacity allowance is paid to the extent that it exceeds the sickness benefit, would exceed, if the sickness benefit is payable on the basis of the Article 45 of the Health Act was rejected in whole or in part.
1 The incapacity benefit is withdrawn if the insured person no longer resides in the Netherlands.
2 Article 20, second, fifth and sixth paragraphs , shall apply mutatis mutandis.
In cases where: Article 43a The purpose of the application is to lay down the basis for the benefit to be granted to the benefit to be granted to the benefit of the incapacity benefit granted for the purpose of calculating the daily benefit of the payment of the payment of the benefits which have been the subject of the loanditional allowance received, but the daily dagloon that would have been taken if after the end of the Article 19 The withdrawal period of the period of entitlement to the payment of benefits, such as that since the termination of the benefit since the end of that withdrawal period on the basis of Article 15 would have been revised.
The benefit of incapacity for work, as a result of an increase in the incapacity for work in the event of a revision of the benefit on the basis of the Articles 37 , 38 , 39 , 39a and 39c , is not paid during the extended period in which entitlement to sickness benefit is granted on the basis of Article 29, 10th paragraph, of the Law of the Law , on pay on the basis of Article 629 paragraph 11, part d, of Book 7 of the Civil Code , or remuneration on the basis of Article 76a, 6th paragraph, of the Disease Act .
1 If the person who is entitled to a disability benefit is entitled to an income by going to work, that work shall not be regarded as an employed person for a continuous period of five years as intended for the purpose of Article 18, fifth paragraph -and is not withdrawn or revised, but is the benefit of the benefit:
a. not paid out if the income is such that if the income is the Article 18, fifth paragraph , would be the employment of at least 15% incapacity for work; or
(b) if the provisions of subparagraph (a) are not applicable, paid up to an amount equivalent to the incapacity for work, as set out in point (a), if the amount of the incapacity benefit is fixed, if that person is the Article 18, fifth paragraph , meant labour would be.
At the end of the period specified in the introductory sentence, the period of employment shall be regarded as 'labour' Article 18, fifth paragraph .
2 If the person who is entitled to a disability benefit in employment as referred to in paragraph 1 carries out or has done so, the salary shall be deemed to have been received during the period of return on which the employer or the employer or the person concerned has been awarded the contract. Withholding that salary from withholding tax.
3 The period of five years referred to in the first paragraph shall begin on the first day of application of the first paragraph, subparagraph (a) or (b). If the person entitled to invalidity benefit and to whom the first paragraph, part (a) or (b) is applied is going to carry out other work, a new period as referred to in the first paragraph shall begin on the first day of the period of application of the the incapacity allowance for the performance of that other work is determined by the application of paragraph 1 (a) or (b) of the first paragraph.
4 If, on the last day of the five-year period referred to in paragraph 1, income is received but no work is carried out, this period shall be extended to the last day on which that income is received.
5 If the person entitled to invalidity benefit is entitled to income consisting of wages resulting from a contract of employment as referred to in the Chapter 2 and 3 of the Social Employment Act , the first paragraph shall apply for an unlimited period of time.
6 Our Minister may provide that the first member shall apply for an unlimited duration in respect of certain groups of persons.
7 By ministerial arrangement, rules are laid down in respect of the first paragraph. These rules shall apply in any case to cases where the first paragraph remains outside the scope of the application.
8 In the case of a ministerial arrangement, the term 'income and pay' referred to in this Article shall be defined. It may also provide that any income to be determined shall be taken into account, in part, not or no longer as a result of changed circumstances or any act or omission from the person concerned, as if it were is enjoyed.
9 When determining the degree of incapacity for work referred to in the first paragraph, pay shall not be taken into account more than once.
1 The person, whose incapacity benefit has been charged to incapacity for work of not less than 45%, in connection with the provisions of the Article 43, first paragraph Has been withdrawn if, within four weeks of the date of withdrawal from the date of withdrawal of the benefit, he is entitled to an incapacity for the incapacity for work to be reinstated.
The provisions of the preceding paragraph shall also apply in respect of the person whose incapacity for work, calculated on the basis of a incapacity for work of less than 45%, is applicable to the person concerned. Article 43, first paragraph has been withdrawn, if he becomes unfit for work within four weeks of the day, with effect from which that benefit, which had previously been calculated for incapacity for work of not less than 45%, has been reconsidered for the benefit of incapacity for work. to incapacity for work of less than 45%.
3 The person whose incapacity benefit has been charged to incapacity for work of less than 45%, in relation to the provisions of the Article 43, first paragraph , has been withdrawn from one day, which is situated within four weeks of the day, with effect from which the benefit was granted or subject to an increase in incapacity for work, if, within that period of four weeks, he has been reconsidered incapacity for work, entitlement to the re-opening of the incapacity for work. Article 39, second paragraph , shall apply mutatis mutandis.
4 The person whose incapacity benefit has been charged to incapacity for work of less than 45%, in relation to the provisions of the Article 43, first paragraph Has been withdrawn, shall, without prejudice to the second and third paragraphs, if, within four weeks of the date of withdrawal from the date of withdrawal of the benefit, he is unfit for work, manifestly not from a cause other than that of the person concerned, is entitled to the reopening of the incapacity for work in respect of which incapacity for work, in respect of which the withdrawn benefit was received, is entitled to the reopening of the incapacity for work.
5 In respect of the person whose incapacity benefit has been withdrawn in connection with Article 43, first paragraph , and which has become incapable of work on the basis of a re-evaluation of the same kind as intended Article 34, fifth paragraph (b) Reopening of the incapacity allowance shall take place with effect from 22 February 2007.
6 The reopening starts on the day, with effect from which the person has returned to work and is taking place according to the degree of incapacity for work on that day.
7 If either entitlement exists or arose upon reopening of the incapacity benefit under this Article as sickness benefit under the sickness insurance act, the benefit of the incapacity for work shall be paid in so far as the sickness benefit is paid. exceeds, would exceed, if the sickness benefit under Article 45 of the Act of sickness is wholly or partially refused.
8 The Article 17, second paragraph , 19, 4th paragraph , 19a , 19b and the provisions based thereon; and 35, second paragraph , shall apply mutatis mutandis.
9 The incapacity allowance shall be reopened on application or on an ex officio basis.
1 The person, whose incapacity benefit is paid on the basis of Article 43b, first paragraph , has been withdrawn, has from the day:
a. He resides in the Netherlands; or
(b) on which a convention entered into force or a decision by an international organisation entered into force in the country where the person concerned resides, under which entitlement to incapacity benefit may exist;
in compliance with the provisions of the Law, claim for the reopening of the incapacity for work if he is unfit for work on that date.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Articles 19, 4th paragraph , 35 and 47, eighth member , mutatis mutandis, shall apply in respect of the claim for the reopening of the incapacity for work provided for in this Article.
1 The person, whose incapacity benefit is paid on the basis of Article 43, fifth paragraph , has been withdrawn from the day he is placed in freedom, having regard to the provisions of this Law, to be entitled to the reopening of the incapacity for work if he is unfit for work on that day.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Articles 19, 4th paragraph , 35 , and 47, eighth member , mutatis mutandis, shall apply in respect of the claim for the reopening of the incapacity for work provided for in this Article.
4 The first and second members shall apply mutatis mutandis to categories of persons to be referred to in general measures of administration where the enforcement of a custodial sentence or measure involving deprivation of liberty outside a judicial establishment shall be.
1 The person, whose incapacity benefit is paid on the basis of Article 43, sixth paragraph , has been withdrawn from the day that he no longer withdraws from the enforcement of a custodial sentence or detention order bearing in mind the provisions of this law, he is entitled to re-opening the Incapacity benefit, if he is unfit for work on that day.
2 The person referred to in paragraph 1 who is not incapable of incapacity for work as referred to in that paragraph shall also be entitled to re-open the incapacity for work, but in respect of whom this is the case within four weeks of the expiry of the period of entitlement to incapacity for work. of that period.
3 The Articles 19, 4th paragraph , 35 , and 47, eighth member , mutatis mutandis, shall apply in respect of the claim for the reopening of the incapacity for work provided for in this Article.
1 The incapacity allowance shall be reopened by the Workers ' Insurance Implementing Institute.
2 The reinstatable invalidity benefit is considered to be a continuation of the withdrawn benefit. For the purposes of the application of the Article 38, third paragraph , 39, first paragraph, part c , and 39a shall be the subject of a review of the incapacity for work for incapacity for work to be the same as withdrawal of the incapacity for work.
3 For the purpose of calculating the repayable incapacity benefit, the daily wage or follow-up wage to which the withdrawn benefit would have been calculated on the day from which the repayable benefit is to be paid shall be regarded as follows: the benefit had not been withdrawn, unless renewed determination of a daily wage in accordance with the provisions of the Article 14 and taking into account Article 15 leading to a higher dagloon or follow-up dagloon, in which case the repayable benefit shall be calculated from this daily wage or follow-up dagloon.
1 The incapacity benefit shall cease from the day on which the person concerned is entitled to the pensionable age, as referred to in Article 4 (1). Article 7a, first paragraph, of the General old-age law -It's reached.
If the benefit of the benefit would be reopened on or after the day referred to in paragraph 1, the grant or re-opening of the incapacity allowance is not to be granted.
1 The incapacity benefit is payable by the Employee Insurance Implementation Institute. Payment shall be made as a general rule in terms of no more than one month.
2 The Implementing Institute shall suspend or suspend the payment of the incapacity for work if it considers, on the basis of clear indications, whether it has reasonable grounds for suspecting that:
a. The right to benefit does not exist or no longer exists;
b. entitlement to a lower benefit exists;
(c) the person to whom a disability benefit has been granted or his legal representative is an obligation to act in accordance with Article 25 , 28 or 80 not properly fulfilled or not properly fulfilled.
3 If the incapacity benefit is paid abroad, the payment is made by way of derogation from Article 4:89, third paragraph, of the General Law governing the administrative law at the time at which the account of the bank designated for that purpose by the creditor is credited.
4 If the person who is granted incapacity benefit is authorized by another person to receive the benefit, or withdraws an authorization granted, the effect shall be taken as a result of a payment period, prior to the date on which the authorization is submitted, other than the date of notification of its withdrawal, but not later than the first day of the second month following the date of the submission of the authorization.
5 Our Minister may lay down rules on the validation of incapacity for work by bodies responsible for the payment of an invalidity pension or of a pension from others other than under that legislation.
6 The Implementing Institute of Workers ' Insurance shall be empowered to, under conditions to be determined by it, at the request of the bodies referred to in the preceding paragraph, concurrently with incapacity benefit, invalidity benefits or pensions, to be payable by those bodies, to be made affordable.
7 The Convention for Workers ' Insurance shall lay down rules on the validation of the incapacity benefit in cases where the insured person is entitled to a disability benefit over a period of time which he is also entitled to a benefit on the basis of the Unemployment law is receiving.
8 If a reintegration company has reported to the Workers ' Insurance Implementing Institute that the presumption exists that a person to whom a benefit is granted under this Law does not provide sufficient cooperation to the person who has been awarded the benefit of the benefit of the relating to the work of the reintegration company, the Implementing Institute shall take a decision on the duration or partial suspension or suspension of the payment of the benefit to that person for the duration of the period of validity of the payment of the benefit, of not more than eight weeks.
9 The Employee Insurance Implementing Institute shall inform the reintegration company of a decision to suspend or suspend it as referred to in the eighth paragraph.
1 The implementing institute workers ' insurances shall suspend payment of a benefit under that law if the person granted benefit is a foreigner who does not lawfully reside in the Netherlands as intended for the purposes of the provision of benefits. Article 8 of the Aliens Act 2000 .
2 The payment of a benefit under this Law shall resume if requested to do so and the Insurance Institution has shown that he is in fact resident or resident outside the Netherlands.
In so far as concerns the receipt of a benefit under this law and the discharge for payment of a benefit, a minor shall be treated as an adult. If the legal representative opposes the payment to the minor in writing to the Workers ' Insurance Implementing Institute, the payment shall be made to the legal representative.
1 Is an address in the Netherlands known to the claimant or recipient of a disability benefit from the Execution Institute for Workers ' insurances, whereas in the basic registration persons are automatically admitted to have gone to a person who is not eligible for work. unknown country of residence, then the Implementing Institute shall request employee insurance to allow him to reverse the different registration in the basic registration persons within a reasonable period of time.
If at the end of that period, the different registration has not been terminated or if the basic registration does not show that the college of the mayor and the mayor of the municipality concerned is to examine the information relating to the address in question The Implementing Institute shall suspend the payment of the benefit to the person, to whom the invalidity benefit has been granted, to the person concerned.
3 The suspension shall be terminated as soon as it has been established that the person referred to in the second paragraph is resident or staying abroad or that an address in the Netherlands has been included in the basic registration.
4 If the examination of the College of Mayor and of the Mayor has been completed and the person referred to in paragraph 2, in the basic registration of persons, remains of its own motion with information on the departure from the Netherlands, it shall be reduced Implementing institute worker insurance is the payment of the benefit to stay abroad or an address in the Netherlands is included in the basic registration persons.
1 After the death of the person to whom incapacity for work has been granted, the incapacity allowance in the form of a death allowance shall be paid from the day following the death:
a. to the long-living of the spouses;
b. in the absence of the component A Person referred to, the minor children to whom the deceased person was in family law;
c. in the absence of any of the components A and B Persons referred to, to those with whom the deceased was living in a family context.
2 The death allowance shall be equal to the amount of the incapacity for work in one month but not on Saturdays and Sundays, calculated according to the amount of the allowance on the day or last for the day of death of the person concerned. to those who have been granted incapacity benefit.
3 In connection with the death of the person to whom incapacity benefit has been granted, Article 49, first paragraph , not applicable.
4 The death allowance shall be paid by the Implementing Institution, of its own motion or upon request to the rightholder or right-holders in the first paragraph.
5 The death allowance is paid in a lump sum.
6 The amount of death allowance shall be reduced by the amount of incapacity for work which has already been paid out on the days of death.
1 If the person to whom a disability benefit is granted is entitled to provide or charge of care as referred to in the Long-term care law and under that law a contribution to that care is due, the Implementing Institute of Workers ' Insurance is empowered to pay the incapacity benefit up to the amount of that contribution, rather than to the person to whom the The Netherlands, the Netherlands, has been awarded incapacity benefit, without its authorization to the Zorginstitute of the Netherlands Article 58, first paragraph, of the Zorginsurance Act .
2 If the person who has been granted incapacity benefit has been admitted to an establishment for the care of the mentally ill or of the mentally retarded and to the implementing institution, workers ' insurance, of the relevant establishment or of the institution The Board of Mayor and of the municipality of the municipality which pays the recording costs, receives the request to pay the incapacity benefit to that establishment or to that municipality, the implementing institute shall be responsible for workers ' insurance. comply with that request without proposing any other conditions.
3 Where the first paragraph applies, the jurisdiction referred to in paragraph 2 shall apply to the part of the incapacity for work, which shall not be paid to the Netherlands Zorginstitute.
4 A 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 time limits for the incapacity for work, which shall not be recovered within two years following the payment of the payment, shall not be paid.
1 The benefit of the benefit, the wage supplement, Article 65c , and the income supplementation, meant in Article 65d , which as a result of a decision referred to in Article 36a has been paid unduly, and otherwise unduly paid, the Implementing Institute shall recover employee insurance.
2 The benefit due to the employer is recovered from the employer's employer's insurance programme if the employer has paid the benefit on the basis of the employer's insurance contributions. Article 629, Fifth paragraph, of Book 7 of the Civil Code has been able to deduct the pay.
3 By way of derogation from paragraph 1, the Implementing Institute may waive recovery or further recovery decisions where the person from whom shall be recovered:
(a) has been fully committed for a period of five years;
(b) for a period of five years not fully committed to his payment, but the outstanding amount over that period, plus any legal interest due thereon and the costs relating to recovery, has paid;
c. has not made any payments for five years and is not likely to engage in it at any time; or
d. An amount, corresponding to at least 50% of the residual sum redeemed at one time.
4 The period referred to in paragraphs (a), (b) and (c) of paragraph 3 shall be 10 years if the recovery is due to the failure to comply or not properly of the obligation referred to in Article 4 (2) of the Article 80 .
5 The period referred to in paragraph 3 (a) and (b) shall be three years if:
a. the average income of the person concerned during that period, the attachment of the ground of the goods 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 80 .
6 If there are compelling reasons for doing so, the Implementing Institute may decide to waive recovery of all or part of the recovery.
7 The person from whom recovery is to be recovered shall provide, upon request, the information to be supplied to the Insurance Institution for the purpose of recovery of the information necessary for the recovery of the goods.
8 By way of derogation from paragraph 1, the Implementing Institute may, under the conditions which our Minister may state, decide to waive recovery if the amount to be recovered is a matter to be determined by Our Minister. amount not exceeding.
1 The Implementing Institute workers ' insurance may pay the unduly paid benefit, as referred to in Article 57, first and second paragraphs ...........
2 Article 29g shall apply mutatis mutandis, provided that, where the average income of the party concerned is, for a period of three years, the attachment of the same use in the articles of the goods concerned, 475c and 475d of the Code of Civil Procedure It has not been exceeded, the Implementing Institute for Workers ' Insurance to reduce the amount of redemption.
A ministerial arrangement may lay down rules on the method of implementation of the decision finding that the payment of the payment is not due.
1 By way of derogation from Article 57, first paragraph , the Implementing Institute 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 an employee insurance institution. 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 reliable proposal for a debt arrangement has been established through the intervention of a debt aid worker as referred to in the Staff Regulations, in the opinion of the Implementing Institute for the purpose of establishing the Article 48 of the Consumer Credit Act ;
d. It is likely that cooperation in a debt scheme does not distort competition; and
e. division under the debt settlement shall be carried out in accordance with Article 349 of the Bankruptcy Act .
2 The first paragraph shall not apply where a claim has arisen as a result of failure to comply with the obligation to comply with the obligation Article 80 , and for this a fine as intended in Article 29a 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 person concerned does not comply with its debt to the Employee Insurance Implementing Institute in accordance with the debt scheme; or
c. incorrect or incomplete information has been provided and the provision of correct or complete data would have led to a different decision.
4 By ministerial arrangement, detailed rules may be laid down in respect of this Article as to the power to cooperate in debt arrangements.
A claim from the Employee Insurance Implementing Institute as referred to in Article 57 and 58 is privileged and follows immediately after the claims, intended in 288 of Book 3 of the Civil Code .
The person entitled to incapacity for work is entitled to a holiday allowance.
1 The holiday benefit is 8 pct. of the amount of incapacity for work, to which the period of 12 months existed, prior to the month of May.
2 If Article 44 is applied, under the amount of incapacity benefit referred to in the first paragraph, to the amount of the incapacity for work, after the date of the entry into force of the Article 44 was applied.
3 The payment of the holiday allowance shall take place once a year automatically during the month of May.
4 If the percentage of the holiday benefit referred to in Article 15, first paragraph, of the minimum wage law and minimum holiday allowances , is amended, becomes the percentage of the holiday allowance referred to in the first member, as well as the denominator of the Article 21, second paragraph and 22 , adjusted fraction adjusted accordingly. The amended rate shall be taken into account on the benefit to which the period of the change is due to the date on which the amendment goes into effect. The percentage thus amended and the amended denominator shall replace the percentage referred to in paragraphs 1 and 22 of the second paragraph of the first paragraph.
5 The holiday benefit is paid without having been adopted by decision.
6 By way of derogation from the third paragraph, if the incapacity allowance is terminated and it is not likely that, within a short period of time, entitlement to incapacity benefit will be granted, payment of the holiday benefit will be paid place at the same time as the disbursement of the last period of incapacity benefit or as soon as possible thereafter.
7 If, after the application of the sixth paragraph, entitlement to incapacity benefit arises and, consequently, the third paragraph or the sixth paragraph is to be applied, account shall be taken of the provisions of the sixth paragraph. has already been disbursed.
Our Minister may arrange for the calculation of the holiday benefit of the person whose incapacity benefit is subject to the application of the provisions of the Article 65 whether or not it is paid out in full, and which, in addition to the benefit under the legislation of another Mogenity, is also entitled to a holiday benefit under that legislation.
The provisions of or under the Articles 50 , 53 , 54 , 56 , 57 and 80 shall apply mutatis mutandis in respect of the holiday allowance to the extent that it is not otherwise determined by this paragraph.
With regard to the provisions of this paragraph, our Minister may make more detailed rules.
If a person entitled to an incapacity for work and on or after the day on which he reached the age of 45 is to earn income in connection with which his incapacity benefit is terminated, within five years after the date of such termination is entitled to an incapacity benefit, the daily basis for that benefit shall be no less than the dagloon or follow-up dagloon used for the calculation of the incapacity for the benefit of the benefit. last received loan-entitlement or follow-up benefit taken from the date of termination up to the date of the award pursuant to this Article on the basis of Article 15 of this Act Whether or not in connection with Article 14 of the Wet Minimum wage and minimum holiday allowances , if the incapacity benefit had not been terminated, would have been revised.
1 In the case of a general measure of administration, rules may be laid down to prevent or reduce the overlapping of invalidity benefit with incapacity for work under other laws.
2 In the case of a general measure of administration, rules may be laid down to prevent or reduce the overlapping of disability benefit with benefits under the social legislation of Aruba, Curaçao, Sint Maarten, social legislation of the The Netherlands for the benefit of the public bodies Bonaire, Sint Eustatius and Saba or of any other Mogenity.
1 Unalienable and not prone to drop-off and contiation are:
(a) incapacity benefit;
b. the holiday benefit;
c. the pay supplementation, for the purpose of Article 65c ;
d. Income supplementation, intended in Article 65d .
2 Full power to receive a benefit under whatever form or name is granted, is always revocable.
3 Each clause, contrary to this Article, shall be null and void.
Not susceptible to seizure:
a. the increase referred to in Article 22 ;
(b) the death allowance, for the purpose of Article 53 .
1 The Implementing Institute may grant workers ' insurance to the insured person who is entitled to incapacity for work and who accepts or carries out employment in the course of employment, if his wages are lower than that of the insured person. its remaining earning capacity.
2 Wage supplementation shall be granted on periods of receipt of earnings from services but not exceeding a period of four years from the day starting from the day from which payment was first granted for the first time.
3 As periods of employment received as referred to in paragraph 2, periods of employment are also to be regarded as periods of payment on the basis of the Disease law or on the basis of Chapter 3, Section 2, Section 1, of the Law of Work and Care shall be received, unless the employment relationship has ended.
4 The application of the statutory provisions on contributions shall be considered to be a benefit under that law.
5 In the case of a general measure of administration, rules may be laid down regarding the amount of the wage supper.
1 The Implementing Institute workers ' insurance may assign to the insured person who is entitled to incapacity benefit, who carries out or is going to perform employment as a self-employed person, upon application for income, if his income is from the company or profession is lower than its remaining earning capacity.
2 The supplementary income shall be granted on periods in which the holding or occupation is exercised but not exceeding a period of four years from the day starting from the day from which the first supplementary income was granted.
3 The income supplement is considered to be a benefit for the purposes of the legal provisions relating to the tax on contributions. Law for incapacity for the self-employed .
4 In the case of a general measure of management, rules may be laid down regarding the level of income supplementation.
The insured person who is entitled to incapacity for work shall be entitled to support for labour-switching and, subject to the relevant provisions of the legislation, to the decision taken by the Implementing Institute. workers ' insurances deemed necessary for labour-switching.
1 The Implementing Institute may give consent, in the context of the promotion of occupational integration, to the insured person who is entitled to an incapacity for work, in order to be subject to a test at a place of work. to carry out unrewarded work for up to six months.
2 The incapacity allowance shall not be withdrawn or revised during the performance of work in a place of testing as referred to in paragraph 1.
3 The unrewarded work in a place of testing as referred to in paragraph 1 shall be as follows:
a. work, to which the insured person, referred to in paragraph 1, is capable of being in a position of strength and competence;
(b) work, where the employer, for whom the pilot placement is carried out, has completed a liability and accident insurance for the insured person referred to in the first paragraph;
(c) activities which the insured person, referred to in the first paragraph, has not previously unremunerated at a place of work on the employer or his predecessor; and
d. work in which, in the opinion of the Implementing Institute workers ' insurances, there is a real view of a service of equal or greater importance on the unrewarded work for at least 6 months.
4 If the activities referred to in paragraph 1 are interrupted for sickness, the period during which a sickness benefit is received shall not be taken into account for the purpose of applying that paragraph.
5 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article.
In the case of a ministerial arrangement, detailed rules may be laid down in respect of the application for pay supplementation, Article 65c , of income supplementation, intended in Article 65d , the period within which the application is lodged, as well as on the legal effects which are linked to that period's overrun, and on the application and the authorisation referred to in the first paragraph of Article 8 (1) of the Article 65g .
The Implementing Institute shall be entitled to workers ' insurance, who may be entitled to incapacity for work, and who is small who is not likely to be able to mediate in the employment process for the time being, and the labour market, the unrewarded additional work has been carried out for up to two years. Article 10a, second to tenth paragraph, of the Participating Act shall apply mutatis mutandis.
The person entitled to incapacity for work under this Law on 1 July of the calendar year shall be entitled to a concession in the event of incapacity for work of 35% or more.
2 The person referred to in paragraph 1 shall receive a concession of € 212.06 per calendar year.
3 The amount, referred to in paragraph 2, shall be amended each year as from 1 January in accordance with the table correction factor referred to in the second paragraph of Article 10.2 of the Income Tax Act 2001 . The amended amount is made public by or on behalf of Our Minister in the Official Gazette.
4 By way of derogation from paragraph 3, the amount referred to in paragraph 2 may be replaced by another amount by way of a general measure of management, with effect from a date to be notified to that measure.
5 The Employee Insurance Implementation Institute shall provide the concession of its own motion in the third quarter of the calendar year.
6 The concession shall not be open to seizure.
7 The concession shall not be taken into account for the provision of public-income benefits and benefits as appropriate to the income or assets.
8 The concession shall not be open to recovery or reckoning with outstanding claims in respect of a benefit under this Act.
9 The concession shall be paid only once in case of entitlement to the concession under Article 63a of the Act on Employment and Income to Work, 67i of the Incapacity Insurance Act. self-employed persons or 3:75 of the Wet Work and Labor Support Young Disabled.
10 The concession and the associated management costs shall be borne by the State.
The insured person is insured at the Employee Insurance Implementation Institute.
For the purposes of this Act, continuous insurance shall be provided by the Implementing Institute for the insurance of employees as a single insurance.
The employer to whom, in the event of incapacity to work for sickness, the insured person is entitled to pay as referred to in the Article 629 of Book 7 of the Civil Code or it is entitled to pay on the basis of Article 76a, 1st paragraph, of the Law of the Health keep note of the progress of the incapacity for work and the reintegration of the insured person.
2 The employer, referred to in paragraph 1, shall, in agreement with the insured person, draw up a plan of action within a period to be determined by Our Minister. The arrangements made in the plan of approach are respected by the employer and insured. The plan of approach shall be reviewed periodically.
3 Not later than two weeks before the expiry of the period within which the party concerned has Article 34, third paragraph, first sentence , his application for incapacity benefit must be made by the employer, referred to in paragraph 1, with a reintegration report in consultation with the insured person and shall provide the employer with a copy of the benefits to the insured person.
4 If Article 19, seventh paragraph , application found:
a. In consultation with the insured person, if he has not yet prepared a reintegration report, by way of derogation from the third member, the employer shall report the reintegration report no later than 14 weeks before the expiry of the information provided by the Implementing Institute; Employee insurance extended wait time, specified in Article 19, seventh paragraph , on and to provide a copy thereof to the insured person;
b. fills the employer in consultation with the insured person if he has already prepared a reintegration report not later than 14 weeks before the expiry of the extended period of employment established by the Implementing Institute Withdrawal period Article 19, seventh paragraph , to and provide a copy thereof to the insured, unless the insured person requests this, in connection with the making of an application as referred to in Article 34, third paragraph To be done sooner. The employer is due to meet this request within two weeks. This paragraph shall apply mutatis mutandis to an application for benefit after application of the Article 34a, second paragraph .
5 In carrying out the first to the fourth member, the employer shall be assisted by a person, as referred to in Article 4 (2), Article 14, first paragraph, of the Working Conditions Act which is responsible for the assistance provided for in Article 14, first paragraph, part b, of that law or an arbodienst referred to in the Labor condition law .
6 The insured person shall cooperate in the preparation of the plan of action and the preparation of the reintegration report.
7 By ministerial arrangement, rules relating to the first to sixth paragraphs may be laid down.
8 If, in the course of the examination of the application, Article 34, third paragraph , it is clear that the employer has failed to fulfil its obligation to draw up a reintegration report, or has not been fully satisfied, the Implementing Institute shall provide employee insurance to the employer with a time limit within which the reintegration report shall be provided. or completed.
9 If, in the course of the examination of the application, Article 34, third paragraph , and the assessment referred to in Article 34a proves that the employer is not in full compliance with its obligations under the first, second, third, fourth or fifth paragraphs, or the rules laid down under the seventh paragraph, or insufficient reintegration efforts; -the Implementation Institute shall establish a period of time, during which the insured person shall have a right to pay to that employer on the basis of Article 629 of Book 7 of the Civil Code or claim for remuneration on the basis of Article 76a, 1st paragraph, of the Law of the Health .
This period shall not exceed 52 weeks and shall be aligned with the period considered necessary to make sufficient reintegration efforts.
10 In the case of or under general management measures, detailed rules may be laid down for the application of the ninth paragraph.
1 By way of derogation from Article 71a , is employee insurance at the Implementing Institute in respect of the insured person who Article 29, second paragraph, part a, b, c or d, of the Health Act has a right to sickness benefit; Article 71a, second to the tenth paragraph Not applicable and is not applicable Article 71a, first paragraph , mutatis mutandis. The Implementing Institute shall establish a plan of action, in consultation with the insured person, within a period to be determined by our Minister. The plan of approach shall be reviewed periodically.
2 By way of derogation from Article 71a , is Article 71a, 4th, Eighth, Ninth and Tenth Member , not applicable to the employer, whose insured person is on the basis of Article 29, second paragraph, part (e), (f) or (g) of the Law on Disease Control or on the basis of Article 29a, first or fourth paragraph, of that Act is entitled to sickness benefit.
3 By way of derogation from the first paragraph Article 71a, first, second, third, fifth, sixth, seventh and eighth member , from corresponding application to the own-risk-bearer referred to in Article 1, first paragraph, part h, of the Law on sickness in respect of the persons referred to in Article 29, second paragraph, parts a, b and c of that act Which was last to him in service. If, in the course of the examination of the application, Article 34, third paragraph , and the assessment referred to in Article 34a , it appears that the own-risk-bearer, referred to in the first sentence, without proper ground, does not comply with the obligations arising out of that sentence or the rules laid down by the seventh paragraph or does not fully respect the reintegration efforts has provided the Implementing Institute for Workers ' Insurance for a period of time, during which the person, referred to in the first sentence, has the right to benefit from sickness benefit on the basis of Article 29 of the Health Act . This period shall not exceed 52 weeks and shall be adjusted to the nature and gravity of the default and to the period considered necessary for the purpose of providing adequate reintegration efforts.
4 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article.
1 The person, who is the waiting time, meant in Article 19 the right to benefit from or benefit from incapacity benefit, his legal representative and the institution to which he/she is entitled to Article 54 the incapacity benefit is paid out, shall be obliged to the Implementing Institute for the insurance of workers, at his or her own request or without delay, to communicate all the facts or circumstances, of which they are it is reasonably clear that they may have an effect on the right to or the level of incapacity benefit or the amount paid. This obligation shall not apply where such facts and circumstances can be established by the Implementing Institute for the insurance of workers ' insurances pursuant to data which are certified as authentic under the law or which may be obtained from the date of the adoption of the Ministerial Arrangements to designate administrations. A ministerial arrangement shall lay down the details of which the second sentence shall apply.
2 The person to whom a reintegration instrument as referred to in Chapter IIB is obliged to the Implementing Institute, at its request or without delay, from its own movement, whether granted, or to whom provision or award is envisaged, as well as its legal representative. to communicate all the facts and circumstances in which it is reasonably clear to him that they may have an impact on the provision or granting, or on the duration or the height of the reintegration instrument.
1 The Implementing Institute shall, on application for voluntary insurance, authorise workers ' insurances, provided that they reside in the country:
(a) the person who has been granted incapacity for work calculated on the basis of a incapacity for work of less than 45%;
(b) the person whose incapacity benefit, calculated on the basis of incapacity for work of at least 45%, has been revised for incapacity for work of less than 45% on account of the incapacity for work.
2 On the person who became incapacitated before 1 January 2004 and who was insured under the voluntary insurance scheme at the time when he was insured under the voluntary insurance scheme, the voluntary insurance scheme shall continue to apply under this Chapter:
a. during the waiting period, intended in Article 19 ;
b. for 4 weeks after the end of the waiting period specified in Article 19 If, at the end of the waiting period, he is unfit for work less than 15% but within four weeks, 15% or more of incapacity for work is incapacitated;
During the period for which he is entitled to incapacity benefit.
1 The request for admission to voluntary insurance shall be submitted to the Workers ' Insurance Implementation Institute within 13 weeks of the day of the day of the decision granting or revising the incapacity for work.
2 A request for admission shall be deemed to have been made within 13 weeks of the date of the decision, if that request is made within four weeks of the day on which the person who made the request reasonably has knowledge of the application. take the decision.
3 The Implementing Institute of Workers ' Insurance shall be empowered to declare that a request for admission to voluntary insurance, submitted after the period prescribed for that purpose pursuant to this Act, is deemed to have been made in due time, if the person concerned is who has made the request, cannot reasonably be deemed to have been in default.
4 The voluntary insurance shall begin on the day from which the incapacity benefit is granted or revised.
The Employee Insurance Implementation Institute shall end voluntary insurance:
a. at the request of the voluntarily insured person, with effect from a date to be determined by him;
b. as from the day on which the voluntary insured person is considered to be an employed person under this Act;
(c) if the premium payable over a period of two full calendar months is not paid in full or in due time; or
d. if the requirements are no longer satisfied, Article 81 .
1 The person applying for voluntary insurance shall determine at the beginning of voluntary insurance the height of the daily wage, provided that this does not exceed:
a. the amount, intended to be Article 17, first paragraph, of the Social Insurance Financing Act , with respect to a pay period of one day may be increased or reduced by virtue of Article 18 of that Act ; and
b. the wage or income he/she deries, in the case of incapacity for work, in the judgment of the Implementing Institute Workers ' insurances.
2 The benefit under the voluntary insurance is during the period of time referred to in Article 21a , calculated according to the daily dagloon referred to in paragraph 1. This dagloon is also taken into account in the calculation of the follow-up dagloon, which is to be found in Article 21b .
The Employee Insurance Implementing Institute shall lay down detailed rules on voluntary insurance. These rules shall, in any event, contain provisions concerning:
a. Admission to voluntary insurance;
b. the end of voluntary insurance; and
c. the dagloon intended in Article 84, first paragraph .
The provisions of the other Chapters and the acts adopted pursuant to those provisions shall, subject to or pursuant to this Chapter, be taken into account in accordance with the provisions of the other Chapters and the acts adopted pursuant to those provisions, taking into account the amendments to or pursuant to this Chapter. where necessary, by analogy, provided that it has not deviated from the provisions of this Chapter.
By way of derogation from Article 1: 2 of the General Administrative Law the employer is not an interested party in a decision of the Implementing Institute Workers ' Insurance on the insurance under this Act as referred to in Article 4 (2). Article 87, first paragraph .
1 Without prejudice Article 87 The decisions taken pursuant to this law and the provisions based thereon shall be given within a reasonable period after receipt of the application.
2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within 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, for the purpose of giving a decision referred to in paragraph 1, a person resident abroad has been called and for that reason the decision cannot be given within eight weeks, that period shall be extended by not more than one year. six months and the applicant shall be informed in writing of such extension.
1 An application for the provision of a decision on insurance under this law may be submitted by the employee exclusively to the Implementing Institute for the purpose of providing employees with employees ' rights. The Employee Insurance Implementing Institute shall provide the decision within 13 weeks of receipt of the application.
2 If a decision referred to in paragraph 1 cannot be given within thirteen weeks for reasons other than those referred to in the second paragraph, the applicant shall be notified in writing, giving the shortest possible time. time limit within which the decision may be taken into account.
3 A decision on extension of the withdrawal period provided for in Article 19, first paragraph , pursuant to the seventh paragraph of that article, it shall be given within two weeks of receipt of the application.
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.
By way of derogation from Article 7:10, 1st paragraph, of General Law governing law the Implementing Institute shall decide within thirteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
1 If an objection is raised against a decision underlying a medical or occupational assessment, the Implementing Institute shall decide on employees ' insurance, by way of derogation from Article 7:10, 1st paragraph, of General Law governing law , within 17 weeks, or, if the opinion asks an expert who is not responsible for his/her responsibilities within twenty-one weeks, from the day following that on which the deadline for the submission of the notice of appeal has expired.
If, in the event of a decision to raise objections, a person resident abroad has been called and for that reason the decision on objection cannot be given within the period referred to in the first paragraph, the decision shall, in the case of a decision on objection, not be given within the period referred to in paragraph 1. Derogation from Article 7:10, third member, of the General Law governing the administrative law , adjourned for a maximum of six months and shall be notified in writing to the applicant for that suspicion.
The objection or appeal of an employer against the Article 38, second or third paragraph, of the Social Insurance Financing Act such a premium may not be based on the complaint, that the benefit of the incapacity for work has been found to be erroneously or unduly paid.
1 Against judgments of the Central Board of Appeal, any of the parties may appeal in cassation in respect of a breach or incorrect application of the Articles 1 (3) to (7) , 2 to 11 and 13, first paragraph , and the provisions that were based on it.
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.
For the purposes of this paragraph, the following definitions shall apply:
a. Medical disposition: a decision on which an assessment of medical data is based;
b. employee: the person on whose medical records the assessment relates;
c. Employer: the person concerned by a medical decision, which is not the worker.
1 Documents containing medical information shall not be communicated to the employer by the Implementing Institute, workers ' insurances, or communicated or sent to the employer, unless the worker has given his written consent.
2 The consent may be withdrawn in writing at any time.
3 During the hearing, the consent may also be withdrawn orally.
1 If the employee has not been given permission as intended in Article 88a , the inspection, knowledge or transmission of documents containing medical information shall be reserved to an agent of the employer who is a lawyer or a medical practitioner or, for that purposes, of the Staff Insurance Implementation Institute. has been given permission.
2 The authorised representative referred to in paragraph 1 shall replace the employer with:
(a) preparation of a medical decision;
(b) the drawing up of an objection or notice; and
c. the treatment of an objection;
insofar as it relates to medical data.
3 Article 7:4, 2nd, 4th and 6th member, of the General Law governing law shall not be applicable to documents or information containing medical information.
1 The Health Insurance Implementing Institute shall state the reasons for a medical decision, in so far as it relates to medical data, in a separate annex.
2 If the employee has not given permission as intended in Article 88a the Annex, referred to in the first paragraph, shall not be issued to the employer.
3 The Annex is given to the employer's agent, which is intended to Article 88b .
4 The second and third paragraphs shall apply mutatis mutandis to a report or advice from a doctor or a psychologist, to which reference is made in the grounds of a medical decision.
The publication of a medical decision shall be based on the following: Articles 88a , 88b , 88c and 88th .
The grounds of objection or appeal referred to in Article 6:5, first paragraph, part d, of the General Administrative Law Act , shall be given in a separate annex to the extent that they relate to medical data.
1 If Article 8:32, 2nd paragraph, of the General Administrative Law has been applied, finds by way of derogation from Article 8:62, first paragraph, of that law the examination for medical records in so far as it relates to closed doors, unless the administrative court, of its own motion or at the request of one of the parties, provides that the investigation is public.
2 In the invitation, referred to in Article 8:56 of the General Administrative Law , a communication from paragraph 1 shall be communicated.
Article 88f shall apply mutatis mutandis to the treatment of the appeal and to the examination of a request for a provisional provision.
In fixing the damages to which the insured person is entitled to claim for incapacity for work, the judge shall take into account the claims which he is entitled to under this law.
1 The Implementing Institute shall have employee insurance cover for the costs incurred under this Act to the person, who is liable for compensation in respect of the cause of incapacity for work to the insured person. obligatory but not more than the amount for which, in the absence of claims under this law, it would be liable to civil law, reduced by an amount, equal to that of the compensation for payment of which the Person liable to the insured person has been held to civil law.
2 In accordance with the rules of our Minister, the Implementing Institute may, instead of the amount of the periodic benefits, advance the present value of workers ' assurances.
3 The liability referred to in paragraph 1 shall also be liable for reimbursement of the reasonable costs incurred by the implementing institute for the performance of the obligations to enable the insured person to take up employment, workers ' insurance at the Implementing Institute under this law and its provisions as well as the provisions of the Staff Regulations; Law structure implementing organisation work and income and the provisions based thereon. The person liable may have the same defence that he would have been in the service of the insured person.
1 The provisions of the previous article In respect of the employer's employer's claim for damages, the insured person, who is insured under civil law, applies to the same insured person as an insured person, who is the same person as a person who is in employment In the case of incapacity for work, the insured person shall be insured against those who are liable for compensation in respect of civil law only if the incapacity for work is due to the intent or to deliberate recklessness of that employer.
2 For the purposes of application of the preceding paragraph, the employer shall be regarded as an employer, as referred to in Article 2 (2). Article 34 of the Act of Invorting .
1 The Articles 20 , 43b , and 47a , do not apply to the person who:
(a) on 31 December 1999 on the basis of Article 18 is entitled to incapacity for work and is not residing in the Netherlands on that day; and
(b) on 19 December 2005, that right to benefit has only been granted on the basis of Article 2 of the Law of 9 December 2004, approving the intention to terminate the Treaty on the European Union of 28 June 1962 in Geneva (ii) equality of treatment for own nationals and foreign nationals with regard to social security (Convention No 118 adopted by the International Labour Conference in its sixtieth plenary session; Trb. 1962, 122 and Trb. 1964, 23) (Stb. 2004, 715).
2 The first paragraph shall continue to apply as long as that person continues to reside in the same country as the country in which he resided on 19 December 2005 and continues to comply with the remaining conditions for entitlement to incapacity benefit.
1 In respect of the person whose first day of incapacity for work is due before 1 January 2004, the Article 19, with the exception of the second paragraph, last sentence , 34 and 75a Subject to the provisions of Article 75a, fourth paragraph, second sentence, of the amount to be covered by Article 75a (5), the amount to be paid to the national treasury under Article 75a (5) of Regulation (EEC) No 1035/2003 is to be applied in accordance with Article 5 of the Treaty. increased by the income dependent contribution, as specified in Article 42 of the Zorginsurance Act -About the benefit.
2 If the incapacity benefit is reviewed in connection with an increase in incapacity for work, which has been entered before 1 January 2004, the Article 37, with the exception of the third paragraph, last sentence , 40 and 41 applicable, as they were in place on 31 December 2003.
3 For the purposes of paragraphs 1 and 2, periods of incapacity to work shall be considered to constitute the same, uninterrupted period of incapacity, if they follow each other with an interruption of less than four weeks, or if: immediately preceding and connecting to a period in which allowance is made for pregnancy or childbirth on the basis of: Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause.
If necessary, by way of derogation from the other articles of this Chapter, the Articles 75a, third paragraph , and 76f, fifth member , as they luded on the day before the entry into force of the Law of 28 April 2005 amending the Law of Labor and Care and any other laws in connection with the implementation of a right to long-term care leave and the provision of some improvements (Stb. 274) shall apply for the duration of the period under which: Article IXa of that Act is a financial concession granted on the basis of Chapter 7 of the Law of Work and Care .
1 A decision granting income supplementation on the basis of Article 29 of the Law on the integration of the disabled to the person who was on the day prior to the day on which that article on the basis of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor Entitlement to incapacity for work is to be regarded as a decision to grant income for the duration for which that income was granted as a result of the granting of a right to work. Article 65d .
2 A decision to grant wage supplementation on the basis of Article 32 of the Law on the Integration of the Disabled Persons to the person who was on the day prior to the day on which that article on the basis of Article 2.10 of the Act of Inlining and Financing Law Work and Income to Labor Entitlement to incapacity for work is considered to be a wage supper for the duration of the period for which such payment was granted, as a Article 65c .
3 The person whose incapacity benefit has been withdrawn as a result of the application of Article 34, fourth paragraph , of this law, Article 35, fifth paragraph, of the Law on incapacity for work or Article 3:28, fifth paragraph, of the Law on incapacity for work of young people with disabilities , or the person, intended in Article 2, third paragraph, of the Decision one time reassessment of incapacity for work , whose incapacity benefit has been withdrawn, shall be regarded as insured for a period of five years from the date of the withdrawal of the incapacity for work, as provided for in Article 65c and 65d .
1 As regards the person entitled to disability benefits under this Act and from whom the first day of increased incapacity for work is situated before the entry into force of the Article XXIV, part D, of the Collecting Act SZW 2015 , is Article 39c Not applicable.
2 For the purposes of the first paragraph, periods of increased incapacity for work shall be aggregated if they follow each other with an interruption of less than four weeks, or if they are immediately preceding and connecting to a period in which they are not maternity benefit due to pregnancy or childbirth Article 3:7, 1st paragraph , 3: 8 or 3:10, 1st member, of the Law Labor and Care Act be enjoyed, unless the unsuitability cannot reasonably be assumed to result from the same cause. During the determination of the four-week period, periods during which pregnancy or childbirth allowance are enjoyed pursuant to Article 3:7, first paragraph, 3:8, or 3:10, first paragraph, of the Act of Work and Care shall be disregarded.
1 Article 65i shall expire at a time to be determined by royal decree.
2 Article 65j shall expire at a time to be determined by royal decree.
1 With respect to the service relationship which entered prior to 1 January 2012 and for which an application for labour cost subsidy was submitted before 1 January 2012, the Articles 65i and 65j of this law, the provisions based thereon and Article 30e of the Act structure implementing organisation work and income As they were in place on 31 December 2011.
2 This Article shall expire five years after the day on which Article VII of the Law of 21 May 2012 amending the Law structure implementing organisation work and income related to the adjustment of the provision of services of the Implementing Institute workers ' insurances to employers and job-seekers and the removal of the Council for Work and Income as a legal entity governed by public law with a statutory task and of the Unemployment Act and any other laws relating to the termination of the employment the implementation of the re-integration budget of Unemployment Law and of wage-cost subsidies has entered into force.
In proceedings to become applicable to the Article 90, fourth paragraph , the judge shall, at the request of one of the parties or of its own motion, prescribe a period within which the parties shall be given the opportunity to adapt their theses and conclusions, as appropriate, to Article 90, fourth paragraph . If the courts are to be adjusted to such an opportunity, the courts shall not open a remedy for that decision; the judge shall reject an application for that purpose, and a remedy shall be brought against it only at the same time as the end pronunciation open.
1 The Articles 20 , 43b and 47a , do not apply to the person who, as a result of the denunciation of a treaty, the termination of the provisional application of a treaty or the termination of a similar situation, are subject to those articles? as long as this person continues to reside in the same country as where he lived on the day for entry into force as a result of that termination, respectively, on the day before the termination, and continue to comply with the remaining conditions for the right to incapacity for work.
2 Our Minister shall communicate to which country, including the day on which, a Treaty as referred to in paragraph 1 has entered into effect or the provisional application of a treaty or a similar situation to that country, has been terminated in the first paragraph.
With regard to the settlement of cases relating to the equity of own-risk-bearer before the date of entry into force of Articles IV and V of the Harmonization and Simplification Law on Social Security Law, the Articles 1, part f , 65i, 1st Member , 71 , 87th , 90 and 91th and Chapter IIIA and the Articles 40 and 122nd of the Social Insurance Financing Act like these articles and that chapter in the day before the entry into force of Articles IV and V of the Law Harmonization and Simplification Social Security Law, applicable.
He who does not fulfil the obligation, described in Article 12 , shall be punished with custody not exceeding one month or a fine of the second category.
A conduct contrary to a general measure of management issued under this Act, where expressly referred to as a criminal offence within the meaning of this Article, shall be subject to custody of a maximum of one month or a fine. of the second category.
The Articles 92 and 96 criminal offences are offences.
1 An agreement on the insurance of pecunious effects of long-term incapacity for work, concluded by the person liable to be insured, expires from the day on which the insurer of the insured person's communication of the obligation to receive insurance shall be equivalent to those resulting from the compulsory insurance provided for in this Act, in so far as the contract may be derived from the contract. If this notice reaches the insurer before the day on which the person concerned is compulsable insured, the contract shall expire from that day.
2 The premium paid in advance by the person whose insurance has expired, in whole or in part, by virtue of the provisions of the first paragraph, shall be reimbursed by the insurer in accordance with the expiry date of the term of office of the contract. Deduction of up to 25% of the amount to be recovered for administrative expenses.
The General Term Act does not apply to the deadlines, set in the Article 6, second paragraph, points (a) and (c) , 17, first paragraph , 19, second and third members , 21a , 38 , 39, 1st Member , 39a , 43a , 47, first, second, third and fourth members , and 53 .
Our Minister may, in order to promote the safety of the work of insured persons and of the health of insured persons in employment, lay down rules on the recording of data by the employer and the provision of information by the Employer to the Implementing Institute Workers ' insurances and an institution to designate occupational accidents and diseases, to be set up by those rules.
Article 14 and the provisions based thereon, such as those in place on the day prior to the day of entry into force of Article V, Section A, of the Administrative Lastening Act and Simplification of Social Insurance Laws, remain applicable on the person whose right to incapacity benefit has arisen before the date of entry into force of that Article, in respect of that incapacity benefit. In relation to the Articles 40, 1st paragraph , and 48, third member , the first sentence is not applicable.
Incapacity benefits granted prior to the entry into force of the Law amending scheme reassessments of incapacity for work, or subsequently applying Article 91b , they are deemed to have been granted for an indefinite period of time.
1 The Articles 39b and 43a, sixth Member ; and 47, seventh member , as they are replaced after the entry into force of the Law on Harmonisation and Simplification of Social Security Law, does not apply to the person whose incapacity for work before the date of entry into force of that law has increased as Intended in the Articles 38 to 39a , 43a or 47, until such time as the increase in incapacity for work is no longer due to sickness benefit on the basis of the Disease law .
2 Article 43a, fourth paragraph, part b As it was stated on the date of entry into force of the Law on Harmonisation and Simplification of Social Security Law, the person who became unfit for work as intended for the day on or before the date of entry into force of the Act continues to apply. Article 43a, first paragraph.
3 This Article shall expire from the day of 10 years from the date of entry into force of the Harmonization and Simplification Law on Social Security Law.
Our Minister will arrange what is required for the implementation of this law.
This law can be cited under the title "Law on incapacity for work".
After the placement of the Incapacity for work insurance in the State Sheet will become the text of that law, if necessary, by the care of Our Minister of Justice, again in the State Sheet References to citations and references thereto shall be inserted in terms of citations.
The articles of this law shall enter into force with effect from the date of time to be determined by us, which may be made different for the various articles or parts of the Member States.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 18 February 1966
JULIANA.
The Minister for Social Affairs and Health,
G. M. J. VELDKAMP.
Issued the seventeenth of March 1966.The Minister of Justice,
SAMKALDEN.
