Key Benefits:
Decision of 24 December 1998 establishing a measure of administration as referred to in Article 6 (3) of the General Pensions Act, paragraph 13, of the General Survivors Act, 6, third paragraph, of the General Child Allowances Act, and 5, third and fourth member, of the General Law on Special Sickness Benefits (Decision of the Enlargement and Restraint Circle Insured People ' s Insurance 1999)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Social Affairs and Employment, J.F. Hoogervorst, of 20 November 1998 SV/GSV/98/35098, on behalf of our Minister for Health, Welfare and Sport;
Having regard to Article 6, third paragraph, of the General old-age law , Article 13, third paragraph, of the General Survivors ' Law, Article 6, third paragraph, of the General Child Allowances Law and Article 5, third and fourth paragraphs, of the General Law on Special Sickness Benefits ;
The Council of State heard (opinion of 17 December 1998, N ° W12.98.0549);
Having regard to the further report of the Secretary of State for Social Affairs and Employment, J.F. Hoogervorst, of 18 December 1998, No SV/GSV/98/42566, released, on behalf of Our Minister for Health, Welfare and Sport,
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. the public insurance: the General Old-age Law , the General Survivors Act , the General Child by-entry law and the Long-term care law ;
b. Child: the own child, the married child, or the foster child, intended in Article 4 of the General Child Allowances Law , under the age of 27, which is maintained to an important extent by the parents;
c. Our Ministers: Our Minister of Social Affairs and Employment and Our Minister of Health, Welfare and Sport;
d. Labour: work carried out in the economic sector and focused on the acquisition of income;
e. Dutch social security benefit: a benefit on the basis of the Unemployment law , the Disease law , Chapter 3, Section 2, of the Law of Work and Care , the Incapacity for work insurance , the Law employment and income to work , the Law for incapacity for the self-employed The Income Provision of the older unemployed , the Law and employment support young people with disabilities , the General Old-age Law , the General Survivors Act and the General Child by-entry law ;
f. performing work in the Netherlands: performing work in the Netherlands or on the continental shelf;
g. perform work outside the Netherlands: outside the Netherlands and on the continental shelf work.
1 Insured on the basis of public insurance is the Netherlands, not resident in the Netherlands, based on the Article 8 (a), third paragraph (a), (a), (4), (5) or (6) of the Rules of the Rules of the Rules of Procedure is active in a representation of the Kingdom of the Netherlands abroad as intended Article 7, second paragraph, of the Rules of Procedure Unless:
a. In the case of work outside the Netherlands, work other than the work referred to in the chapeau; or
b. receives a benefit under a foreign legislation on social security.
The members of the family of the family referred to in Article 2 of the Rules of Procedure of the Foreign Affairs Service shall be insured on the basis of public insurance, unless the member of the family is:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
b. receives a benefit under a foreign legislation on social security.
3 The members of the family insured under paragraph 2 shall remain insured on the basis of public insurance for the period of one year from the date of death of the insured person referred to in paragraph 1, unless the insured person is insured under the provisions of the second paragraph. Family member:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
b. receives a benefit under a foreign legislation on social security.
4 Insured on the basis of public insurance is the non-resident private servant employed by the insured person referred to in the first paragraph, unless:
a. A national of the receiving State;
b. at the time of recruitment was not resident in the Netherlands;
c. Work done outside the Netherlands other than on the basis of the provision referred to above; or
d. receives a benefit under a foreign legislation on social security.
1 Insured on the basis of public insurance is the Netherlands, not resident in the Netherlands, as far as it is understood Article 2 Where, on the basis of a contract with a legal person governed by the law of the Netherlands, work is performed outside the Netherlands for the benefit of that legal person, unless he:
a. At the time of recruitment, not living in the Netherlands;
b. Work outside the Netherlands is different from that provided for in the aforementioned provision;
(c) receives benefit under a foreign legislation on social security; or
d. be employed by an organization of international law to be established by Our Ministers and by our Minister of the Interior and of the Kingdom of the Kingdom of the European Union and a social security scheme of that organisation.
2 By way of derogation from paragraph 1 (b), the national public insurance company is the Dutchman employed by a legal person governed by public law in Aruba, Curaçao, Sint Maarten, or in public entities Bonaire, Sint Eustatius or Saba provided that it is broadcast by the Dutch authorities.
3 Insured persons under the public insurance system shall be the spouse, children and other resident members of the family of the insured person referred to in the first and second paragraphs, unless the member of the family:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
b. receives a benefit under a foreign legislation on social security.
4 The spouse, children and other resident family members insured under the third paragraph shall remain insured on the basis of public insurance for the period of one year from the date of death of the insured person; Referred to in the first and second paragraphs, unless the member of the family:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
b. receives a benefit under a foreign legislation on social security.
1 Insured on the basis of public insurance is the State Representative.
2 Insured persons are the spouse, children and other members of the family of the State Representative, unless the member of the family:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
(b) receive a benefit under another statutory social security scheme.
3 The spouse, children and other resident members of the family insured under the second paragraph shall remain insured under the public insurance system for the period of one year from the date of death of the Member of the State, unless the member of the family:
a. Work outside the Netherlands and the income from this labour exceeds the amount, mentioned in Article 8.14a, first paragraph, part a, of the Income Tax Act 2001 ; or
(b) receive a benefit under another statutory social security scheme.
4 The name of the State Representative referred to in this Article shall be understood to mean the State Representative for the public entities Bonaire, Sint Eustatius and Saba.
The person who does not reside in the Netherlands is insured under the public insurance system, who is responsible for the driving, flying or inland waterway of an employer resident or established in the Netherlands who carries out international transport, unless:
(a) principally in the country in which he resides; or
b. works at a branch office or fixed representation of that employer outside the Netherlands.
Insurance on the basis of public insurance is the spouse and children of the person living on board who are responsible for the public insurance or of the public insurance. Article 4 assured.
The person who does not live in the Netherlands, but who performs work only in the Netherlands, and whose work is temporarily interrupted, remains insured under the public insurance policy:
a. due to illness, defects, pregnancy, childbirth or unemployment; or
b. On account of leave, strike or exclusion.
1 Insured on the basis of the public insurance business, the person who does not live in the Netherlands solely for study reasons is no longer resident in the Netherlands.
2 Assured on the basis of the Public Insurance, the person who will follow up on living in the Netherlands remains solely because he is nursed in an institution to be appointed by Our Minister for Health, Welfare and Sport, which corresponds to an institution as specified in Article 1, first paragraph, part f, of the Law authorising health care institutions ensure that the claim is made subject to the claim Long-term care law , no more living in the Netherlands.
Insured on the basis of public insurance is the person not living in the Netherlands and who is taxable profits from the Netherlands. Section 7.2 of the Income Tax Act 2001 if he or she is working for that company in the Netherlands.
A foreigner who lawfully resides in the Netherlands, within the meaning of Article 8 (c) of the Aliens Act 2000, is, regardless of whether he can be regarded as a resident, not previously insured under the public insurance policy than with effect from the the day on which the application for the residence permit is positive.
1 Insured on the basis of public insurance is the foreigner resident in the Netherlands who, after having been lawfully resident in the Netherlands, is insured in the sense of Article 8 (a) to (e) or (l) of the Aliens Act 2000 :
a. For the termination of this stay, an application has been made for continued admission; or
b. within the period mentioned in Article 69, first paragraph, of the Aliens Act 2000 , or, outside that term, in cases where Article 6.11 of the General Law Governing Law has found, has objected to, or appealed to, revocation of the admission within the meaning of Article 8 (a) to (e) or (l) of the Aliens Act 2000 .
2 The insurance on the basis of paragraph 1 shall end as soon as:
a. Irrevocably on the application, the objection or appeal is decided; or
b. the expulsion of the foreigner has been ordered, unless that expulsion is on the basis of the Aliens Act 2000 or should be omitted on the basis of a judicial decision.
1 Insured on the basis of public insurance is the foreigner who lawfully resides in the Netherlands in the sense of Article 8 (f) to (k) of the Aliens Act 2000
if:
a. in the Netherlands, with the exception of the continental shelf, in accordance with the Foreigners law employment in employment under which he is subject to the payroll tax;
b. effected on the continental shelf work of employment under which he is subject to the payroll tax.
2 The alien, referred to in paragraph 1, shall remain insured on the basis of public insurance if he is entitled under the first paragraph for the provision of labour as referred to in the first paragraph to pay the wages and salary referred to in the first paragraph of this Article. Article 629 of Book 7 of the Civil Code or has a right to benefit on the basis of the Disease law , the Unemployment law , the Incapacity for work insurance , the Law employment and income to work , the Law Labour and Care or the Income Provision of the older unemployed , and where the work referred to in paragraph 1 has been suspended temporarily as a result of leave, strike or exclusion.
1 Without prejudice to: Articles 2 and 3 is insured on the basis of the public insurance policy, the person who:
(a) is a national of one of the Member States of the European Union, a State party to the Agreement on the European Economic Area or Switzerland,
(b) resides outside the Netherlands in another Member State of the European Union, a State party to the Agreement on the European Economic Area, or Switzerland,
c. a service related to an employer resident or established in the Netherlands; and
d. Work carried out for the employer, referred to in Section C, and is outside:
1 ° Netherlands or any other Member State of the European Union;
2 ° a State party to the Agreement on the European Economic Area, or
3 ° Switzerland.
2 Insured on the basis of public insurance is the person who:
a. does not have the nationality referred to in paragraph 1 (a);
(b) who is lawfully resident outside the Netherlands in the territory of another Member State of the European Union, except Denmark,
c. a service related to an employer resident or established in the Netherlands; and
d. Work carried out for the employer, referred to in Section C, and is outside:
1 ° Netherlands or any other Member State of the European Union;
2 ° a State party to the Agreement on the European Economic Area, or
3 ° Switzerland.
1 The person who lives in the Netherlands and who carries out work exclusively outside the Netherlands for a period of at least three months shall not be insured on the basis of public insurance, unless such work is carried out exclusively on the basis of employment with an employer resident or established in the Netherlands.
2 For the purpose of determining the period of three months referred to in paragraph 1, periods of time during which the work outside the Netherlands is temporarily suspended shall be:
a. due to illness, defects, pregnancy, childbirth or unemployment; or
b. for leave, strike or exclusion; considered as periods performed exclusively outside the Netherlands, unless work is carried out in the Netherlands during these periods.
1 Not insured under the public insurance policy shall be the diplomatic official and the consular officer, not honorary consul, of any other power, unless:
(a) do not work in the Netherlands for the purposes of the provision referred to above; or
b. Receive a Dutch social security benefit.
2 The members of the administrative, technical and operating staff of the diplomatic mission or the consular post of another power are sent to the Netherlands by the public insurance policy if they are to be sent to the Netherlands, if they are less than 10 years in the Netherlands, unless they:
a. Dutchman are;
b. lived at the time of recruitment in the Netherlands;
c. performing work in the Netherlands other than the work referred to in the introductory sentence; or
d. Receive a Dutch social security benefit.
3 The members of the administrative, technical and operating staff of the diplomatic mission or consular post of another power, as well as the private clerks employed, shall not be insured under the public insurance. of the official referred to in the first paragraph, or of the members of the staff referred to in paragraph 2, if they were already employed before 1 August 1987 and, as from 1 August 1987, in such a service, unless they:
a. In the Netherlands, work other than the work referred to in the chapeau; or
b. Receive a Dutch social security benefit.
By way of derogation from the first sentence, the members and private servants referred to therein shall be insured on the basis of the public insurance policy if they were already in force on 31 July 1987.
4 Not insured under the public insurance system is the private servant employed by the official referred to in paragraph 1, or of the members of the staff referred to in the second member, if he is less than ten years old in the Netherlands. works and is subject to the social security system of another power, unless:
a. Dutchman is;
b. lived at the time of recruitment in the Netherlands;
c. Work performed in the Netherlands other than by virtue of the provision of employment; or
d. receives a Dutch social security benefit.
5 The spouse, children and other members of the family of the official residing in the Netherlands, referred to in paragraph 1, and of the staff referred to in paragraphs 2 and 3 above shall not be insured under the public insurance, unless they:
a. In the Netherlands, perform work;
b. Receive a Dutch social security benefit; or
(c) where such official or staff are insured on the basis of public insurance.
6 The spouse, children and other resident members of the family who are not insured under the fifth paragraph shall remain excluded from the insurance on the basis of public insurance for the period of one year from the date of such insurance. death of the person referred to in the first or second member, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
1 The person who is employed by an international organisation and who is subject to the social security scheme of that organisation shall not be insured under the public insurance business unless he:
a. Work performed in the Netherlands other than by virtue of the provision referred to above; or
b. receives a Dutch social security benefit.
2 The international organizations referred to in paragraph 1 shall be appointed by Our Ministers, in agreement with our Minister for Foreign Affairs.
3 The spouse, children and other resident members of the family of the person residing in the Netherlands, referred to in paragraph 1, are not insured under the public insurance scheme, if the seat agreement between the Kingdom of the Netherlands and the Kingdom of the Netherlands international law organisation so that it is determined, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
4 The spouse, children and other resident members of the family who are not insured under the third paragraph shall remain excluded from the insurance on the basis of public insurance for the period of one year from the date on which they are not insured. death of the person referred to in the first paragraph, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
5 Not insured on the basis of the public insurance is the private servant of the person referred to in the first member, who is employed by an international organisation established in the Netherlands, if he is employed in the Netherlands for less than 10 years shall be subject to the social security system of another power, unless he:
a. Dutchman is;
b. lived at the time of recruitment in the Netherlands;
c. Work performed in the Netherlands other than by virtue of the provision referred to above; or
d. receives a Dutch social security benefit.
1 Not insured under the public insurance policy is:
a. the Minister Plenipotentiary of Aruba, the Minister of Curaçao Plenipotentiary, and the Minister of Sint Maarten Plenipotentiary;
(b) the person who has been added as an official to one of the persons referred to in subparagraph (a) and who, at the time of recruitment, was not resident in the Netherlands; or
(c) the person who, as an official of Aruba, Curaçao, Sint Maarten or the public entities Bonaire, Sint Eustatius of Saba, or a legal person governed by public law of one of the three countries or public entities in the Netherlands, performs a study contract, and at the time of recruitment, not living in the Netherlands, unless he: 1 o . work done in the Netherlands other than by virtue of the provision referred to above; or o . a Dutch social security benefit receives.
2 The spouse, children and other resident family members of a person residing in the Netherlands as referred to in paragraph 1 shall not be insured under the public insurance, unless they are:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
3 The spouse, children and other resident members of the family who are not insured under the second paragraph shall remain excluded from the insurance on the basis of public insurance for the period of one year from the date of such insurance. death of the person referred to in the first paragraph, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social insurance allowance.
1 Not insured under public insurance is the person, to the extent not already understood under Article 13 , that employment is carried out by means of a service with a foreign law governed by public law, unless he:
a. Work performed in the Netherlands other than by virtue of that employment; or
b. receives a Dutch social security benefit.
2 Non-insured persons are the spouse, children and other resident family members of a person referred to in paragraph 1, unless they are:
a. perform work in the Netherlands; or
b. Receive a Dutch social insurance allowance.
3 The spouse, children and other resident members of the family who are not insured under the second paragraph shall remain excluded from the insurance on the basis of public insurance for the period of one year from the date of such insurance. death of the person referred to in the first paragraph, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
The person who lives in the Netherlands and who belongs to the driving, flying or inland waterway in the Netherlands of an employer residing or established outside the Netherlands who is a member of the Netherlands who is a member of the Netherlands who is a member of the Netherlands who is resident in the Netherlands and who is resident in the Netherlands Unless:
(a) principally engaged in work in the Netherlands; or
b. works at a branch office or fixed representation of that employer in the Netherlands.
1 The person staying temporarily in the Netherlands is employed by a non-profit-making non-profit-making non-profit-making foreign institution resident in the Netherlands, and who remains subject to a foreign legislation on social security, shall be released, for a maximum period of two years on his application or on application by the employer, by the social security insurance bank, on the basis of the public insurance, unless he:
a. Work performed in the Netherlands other than by virtue of the provision referred to above; or
b. receives a Dutch social security benefit. The two-year period referred to in the first sentence may be renewed on request for a period of two years each time.
2 Non-insured persons are the spouse, children and other resident of a family of a person who is deemed not to be insured under paragraph 1, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
3 The spouse, children and other resident members of the family who are not insured under the second paragraph shall remain excluded from the insurance on the basis of public insurance for the period of one year from the date of such insurance. death of the person who is deemed not to be insured under the first paragraph, unless:
a. perform work in the Netherlands; or
b. Receive a Dutch social security benefit.
1 The person who does not live in the Netherlands and who, in the Netherlands, is a musician or otherwise as an artist for a short period of work, is not insured under the public insurance.
2 For the purposes of application of paragraph 1, an artist shall be assimilated to an occupation of a branch of sport.
1 Not insured under the public insurance business is the person who is staying in the Netherlands:
a. On the basis of a residence permit for certain time as intended in Article 14 of the Aliens Act 2000 , which has been granted under a restriction related to study, or
b. In Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius or Saba, only due to study reasons and prior to the commencement of the study.
2 Not insured under the public insurance business is the person who:
a. a Bachelor ' s degree or Master Degree has been awarded to an accredited education, included in the Central Register courses higher education; and
b. has a residence permit for certain time as intended in Article 14 of the Aliens Act 2000 which is subject to a restriction related to the search for and pursuit of employment or self-employed activity.
1 Not insured on the basis of the Long-term care law the person residing in the Netherlands, but who is entitled to do so in the Netherlands under a regulation of the Council of the European Communities or of a social security treaty concluded by the Netherlands with one or more other States the benefits in kind provided to him in principle are to be borne by another Member State of the European Union or another State party to the Agreement on the European Economic Area or a State with which the Netherlands is a member of that State. Convention on Social Security.
2 Uninsured on the basis of the Long-term care law is the person who lives in the Netherlands and who is entitled to a benefit or pension under a scheme of a based Article 3, first paragraph, point (d) , then Article 14, second paragraph , designated international law organisation, if, on the basis of an arrangement of that organisation, it is entitled to care in the Netherlands, or to reimbursement for its costs, unless he or she is engaged in work in the Netherlands. The claim, referred to in the preceding sentence, includes at least hospitalization and nursing care in hospitals and institutions for long-term nursing and care.
3 If the total amount of the fees referred to in paragraph 2 is capped as a result of the rules laid down by the organization of international law, the extent of the allowances must be at least one by our Minister for Health, Welfare and Sport to set minimum amount per person per year.
4 The spouse, children and other resident members of the family residing in the Netherlands of the person referred to in the second paragraph shall also not be insured under the conditions laid down in this Article. Long-term care law where, pursuant to an arrangement of the relevant international organisation, they are entitled to care or reimbursement of the costs thereof in the Netherlands, provided that the conditions set out in the second and third paragraphs are met.
5 The spouse, the children and other resident members of the family who are not insured under the third paragraph on the basis of the Long-term care law , remain excluded from the insurance under that law from the date of death of the person who was deemed not to be insured under paragraph 2, as long as the said claim for care or reimbursement of the costs thereof, provided that: the conditions set out in the second and third paragraphs shall be met.
6 The fourth and fifth paragraphs shall not apply to persons who work in the Netherlands or who receive a Netherlands social security benefit.
7 The Social Insurance Bank shall issue a declaration on the application of the person referred to in the first, second, fourth or fifth paragraphs of this Article to the effect that he/she is not insured.
1 By way of derogation from Article 14, third paragraph, introductory wording and part b , is not insured on the basis of the Long-term care law the person who, on the basis of a scheme of the organisation referred to in that paragraph, claims to be responsible for, or reimbursement of, the costs thereof, subject to compliance with the conditions set out in that Article. Article 21, second and third paragraphs , which is an old-age pension on the basis of the General Old-age Law and to whom the Social Insurance Bank has granted a waiver of the insurance under the long-term care law at its request, unless he or she is employed in the Netherlands.
2 Article 21, sixth paragraph , does not apply to the person who is an old-age pension on the basis of the General Old-age Law Receives and to whom the Social Insurance Bank receives from its request a waiver of the insurance scheme based on the Long-term care law has been granted, unless he is engaged in work in the Netherlands.
3 The social security insurance bank shall grant the exemption if and for as long as the conditions laid down in paragraph 1 are met.
4 If the application is submitted within four months of first meeting the condition set out in paragraph 1, the derogation shall take effect from the day on which this condition is fulfilled. If the application for exemption is later submitted, the derogation shall enter on the date of the application for exemption.
1 To the extent that the spouse, children and other resident family members of the person residing in the Netherlands are intended to be Article 14, first paragraph , not from the insurance on the basis of the Long-term care law are excluded on the basis of the Article 14, third paragraph , 21 or 21a , on application, by the Social Insurance Bank, an exemption from the insurance under both the long-term care law and the General Old-age Law , the General Survivors Act and the General Child by-entry law If the spouse, children and other members of the family residing on the basis of a system of an international organisation designated under Article 14 (2), have claims of care or reimbursement of their costs, provided that: the conditions specified in Article 21, second and third paragraphs .
2 The first paragraph shall not apply to the spouse, children and other resident family members of the family who are employed in the Netherlands or who receive a Dutch social insurance allowance, other than the person employed in the Netherlands. Article 21a intended benefit.
3 The social security insurance bank shall grant the exemption if and for as long as the conditions laid down in paragraphs 1 and 2 are met.
4 If the application for exemption is filed within four months of first meeting the conditions laid down in paragraphs 1 and 2, the derogation shall take effect from the day on which these conditions are met. shall be satisfied.
5 If the application for exemption is not submitted within the period referred to in paragraph 4, the waiver shall enter on the first day of the month following the day on which the application was received by the Social Insurance Bank, if on the first and second conditions laid down in paragraphs 1 and 2 are fulfilled.
6 The spouse, children and other resident family members who have been relieved under the first member shall continue to be relieved of the insurance on the basis of both the Long-term care law as the General Old-age Law , the General Survivors Act and the General Child by-entry law , during the period of one year from the date of death of the person, intended to Article 14, first paragraph Unless they are engaged in work in the Netherlands.
1 To the spouse, children and other resident family members of the person residing in the Netherlands Article 3, first paragraph, introductory wording and part d -applies irrespective of whether this person has a service with a Dutch legal person, or to the spouse, children and other resident family of the person residing in the Netherlands, of the person residing in the Netherlands. Article 12 , on application, by the Social Insurance Bank, an insurance waiver is granted on the basis of both the Long-term care law , if the General Old-age Law , the General Survivors Act and the General Child by-entry law If the spouse, children and other members of the family residing on the basis of an arrangement under an international organisation designated under Article 3 (1) are entitled to care or reimbursement of the costs thereof, provided that the terms and conditions specified in this Annex are met Article 21, second and third paragraphs .
The first paragraph shall not apply to the spouse, children and other members of the family residing in the Netherlands who are employed in the Netherlands or who receive a Dutch social insurance allowance.
3 The spouse, children and other resident members of the family who are displaced under the first member shall continue to be relieved of the insurance under both the Long-term care law as the General Old-age Law , the General Survivors Act and the General Child by-entry law , during the period of one year from the date of death of the person employed in an organisation of international law as referred to in Article 4 (2). Article 3, first paragraph, part d Unless they are engaged in work in the Netherlands.
4 Article 21b, third to fifth members , shall apply mutatis mutandis.
1 The person residing in the Netherlands who is entitled to a benefit on the basis of a foreign legal or statutory scheme of social security or under an organisation of international law is on his own application, for as long as he does not perform work in the Netherlands, by the Social Insurance Bank of the insurance on the basis of the General Old-age Law , the General Survivors Act and the General Child by-entry law As long as it has:
a. Durable right applies to benefits only as referred to in the chapeau and this benefit per month is at least equal to 70% of the amount in Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances amount referred to; or
(b) in addition to a benefit referred to in subparagraph (a), is entitled to a Netherlands social security benefit and the total of this benefit and the foreign legal or superstatutory benefit or the benefit of the international organisation per month at least equal to 70% of the Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances the amount and the foreign benefit or the benefit of the international organisation is greater than or equal to the Dutch benefit.
2 If the application for exemption is filed within one year from the date on which the person referred to in paragraph 1 meets for the first time to the conditions set out in that paragraph, the waiver shall enter on that date. If the application for exemption is later submitted, the derogation shall enter on the date of the application for exemption.
3 The social security insurance bank may grant the derogation provided for in paragraph 1 from a date not exceeding three years before the date of application, but not earlier than the date on which the foreign policy is based. legal or superstatutory benefit or the benefit of the international organisation, where application of the second paragraph leads to the impossibility of a case of a kind.
For the purposes of this Article, a benefit shall be treated as equivalent to foreign benefits under a special scheme for social security under a special scheme for social security. Civil servants and a Dutch social security benefit are treated in the same way as a similar Dutch benefit under a special scheme for civil servants.
5 For the purposes of this Article, a benefit under a statutory or superstatutory social security scheme for Aruba, Curaçao, Sint Maarten or the Netherlands for the benefit of the public entities Bonaire, Sint Eustatius and Saba qualied as a benefit on the basis of a foreign scheme.
6 The second paragraph, first sentence, and the third paragraph shall not apply where the person referred to in paragraph 1, within the period of one year referred to in those paragraphs, is to benefit from the payment of benefits from the General Survivors Act or child benefit on the basis of the General Child by-entry law has received.
The foreigner who lawfully resides in the Netherlands in the sense of Article 8 (a) to (e) or (l) of the Aliens Act 2000 , under the conditions of employment, under which he is subject to the payroll tax, is not insured for the public insurance scheme if he carries out work for an employer in the Netherlands, except the continental shelf, without that to the Foreigners law is satisfied.
1 The social security bank may, with the exception of: Article 22, third paragraph , leaving or derogating from articles of this Decision in so far as they apply, having regard to the importance of the extension and limitation of the insured person's circle, will lead to an imequity of the nature of which it is arises from the obligation to insurance or to the exclusion thereof by virtue of this Decision.
2 Of a decision of the Social Insurance Bank under paragraph 1, a notice shall be made in the Official Journal.
Article 9a like that article, on the day prior to the entry into force of the Decision of 11 December 2014 amending the Enlargement and Limits Decision, 1999, the extension and restriction of the circle of persons 1990 and the extension and restriction of residents Act Wages of Workers Insurance (Stb). 514) remains applicable to the foreigner who, on that day, was insured under this Article for the public insurance.
Article 14, fifth paragraph , does not apply in respect of the private servant referred to in that paragraph, if that person is insured on the day of the entry into force of the Decision of 11 December 2014 amending the Decision of the extension and restriction of the group of persons insured under the Decision of 11 December 2014 1999, the extension and restriction of the insured workers ' insurance policies 1990 and the extension and restriction of the group of residents were Wet Wajong (Stb). 514) was insured on the basis of public insurance.
Article 20 As that article was stated on the day prior to the entry into force of the Decision of 11 December 2014 amending the Enlargement and Limits Decision, 1999, the extension and restriction of the circle of persons covered by insurance policies 1990 and the extension and restriction of residents Act Wages of Workers Insurance (Stb). 514) shall continue to apply in respect of the person who, on that date, resides exclusively in the Netherlands for study reasons and who is 30 years old or older.
The Articles 21, second and third members , 21a, 1st Member , and 21b, 1st Member , as these articles were published on the day prior to the entry into force of the Decision of 11 December 2014 amending the Enlargement and Limits Decision, 1999, the extension and restriction of the circle of persons 1990 and the extension and restriction of residents Act Wages of Workers Insurance (Stb). 514) continue to apply in respect of the person or the spouse, children and other resident of the family residing in the Netherlands, referred to in those articles, who, on that day, were not insured under Article 21 on the basis of The General Law Specific Health Costs or under Articles 21a or 21b were removed from the insurance obligation on the basis of the public insurance referred to in those Articles.
Decisions taken pursuant to Articles 18, 23, 24 and 25 of the extension and restriction of the general public insurance scheme 1989 are to be taken as decisions on the basis of the Article 18 , 21 , 22 and 24 .
By the Zorginstitute Netherlands for the entry into force of the Decision of 26 February 2011 amending the Enlargement and Limits Decision of the Public Insurance Act 1999 in relation to the transfer of the power to the to grant an exemption from the AWBZ insurance obligation to the Social Insurance Bank (Stb. 112) issued statements as intended: Article 21 and granted waivers as intended Article 21a The following shall be considered as statements and waivers issued by the Social Insurance Bank on the basis of the articles in question.
After the date of entry into force of this Decision, the ministerial arrangements based on Articles 3 (3) and 13 (2) of the extension and restriction of the general public insurance policy 1989 shall be based on the following: Article 3, first paragraph, part d , and 14, second paragraph , of this Decision.
The extension and restriction of the general public insurance scheme for 1989 shall be repealed.
This Decision shall enter into force on 1 January 1999.
This decision is referred to as: Decision extending and restricting the general insurance policies of the public sector 1999.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
-The Hague, 24 December 1998
Beatrix
The Secretary of State for Social Affairs and Employment,
J. F. Hoogervorst
The Minister for Health, Welfare and Sport,
E. Borst-Eilers
Published on the 30th December 1998The Minister of Justice,
A. H. Korthals
