Key Benefits:
Decision of 7 September 1967 laying down a general measure of administration, referred to in Article 55 of the Sickness Insurance Act, Article 26 of the Law of the Sickness Insurance Act and Article 57 (5) of the Law of the Law of the European Union. Transitional disability insurance scheme
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
On the nomination of Our Minister of Social Affairs and Health of 12 July 1967, Directorate General for Social Welfare, Directorate for Social Insurance, General Affairs Division, No 58424;
Having regard to Article 55 of the Sickness Insurance Act (Liquidity Act), Article 26 of the Liquidation Act and Article 57, fifth paragraph, of the Transitional Occupational Incapacity Insurance Act ;
Having heard the Council of State (opinion of 2 August 1967, No 51),
Having regard to the further report by our Minister of Social Affairs and Health of 31 August 1967, Directorate General for Social Security, Social Insurance, Department of Social Security, Section Alg. Cases, No 59191,
Have found good and understand:
For the purposes of this Decision, the following definitions shall apply:
a. the Bank: the Social Insurance Bank;
b. the G.M.D.: the Common Medical Service, intended in Chapter II , ยง 2 A of the Organisational Social Insurance Act;
(c) the competent institution: the institution responsible for the award, revision, withdrawal and/or validation of benefits in respect of the person concerned Law on the liquidation of accident laws .
By way of derogation, as far as is necessary, from the provisions of the Invalidity Act, in connection with the Invalidity Act, it is laid down in respect of the application, allocation and withdrawal of an invalidity interest as referred to in Article 3 (1). 71 of the Law of Invalidity and of a widow's interest under that law on the basis of invalidity shall be in respect of the person, who is entitled to or is in the enjoyment of such interest or widower's interest, to the Article 3 to: 7 -the provisions of Article 22 are applicable; A (b) First paragraph, of the Social Insurance Organization Law, mutatis mutandis.
By way of derogation from the provisions of Article 144 of the Invalidity Act, Article 19 of the Sickness Insurance Act, an application for invalidity or widows ' interest under invalidity shall be treated in accordance with the procedure laid down in Article 14 of the Law on invalidity. Certain Article 4 and 5 of this Decision and in Articles 146, 147, 150, 151, First sentence And 152 of the Invalidity Law. In applying the latter Articles, the G.M.D. shall take the place of the Council of Labour referred to in those Articles.
1 Upon Receipt Of An Application For Invalidity, the Labour Council shall summarise whether the withdrawal period has been completed or is deemed to be fulfilled or whether the insurance is null and void and whether there is a reason to be taken under Article 158 of the Treaty; The Invalidity Act shall be issued with a non-admissible statement.
2 Upon receipt of an application for a widow's interest on the basis of invalidity, the Council of Labour shall examine summarily whether the spouse was entitled to an invalidity or old age or 40 premium.
3 The Council of Labour shall forward an application to the Bank or, if necessary by the G.M.D., to the Bank, as referred to in the preceding paragraphs, to the Bank or to the Bank if an investigation is required by the Commission.
The Bank shall not take a decision on the application for an invalidity or widows ' interest on the basis of invalidity or the withdrawal of such interest, as long as it is not in possession of an opinion of the G.M.D., unless it is already on the decision required data.
The G.M.D. shall take the place of the Council of Labour referred to in Articles 102 and 106 of the Invalidity Act.
1 The provisions of Articles 103, 104, 108, 109, second, third, fourth and fifth paragraphs, 110, 111, 112, 145, 148, 149 and 151, second sentence, of the Invalidity Act shall remain outside the scope of the Invalidity Act.
2 Where Article 107 of the Invalidity Law is applied, the interview referred to therein or the summons shall be omitted.
An application for free disability interest, as referred to in Article 93 of the Invalidity Act, shall send the Board of Labour to the Bank or, if an investigation is required by the G.M.D., to that Service.
By way of derogation, as far as is necessary, the provisions of Articles 121 and 175 of the Law of Invalidity shall, in respect of the person claiming or benefit from a free invalidity rate, also apply to the person concerned. Article 2 , 3 , 5 , 6 and 7 .
By way of derogation, where necessary, from the provisions of Article 44 (3) of the Liquidation Act, the laws of invalidity benefit to the person entitled to allowances referred to in Article 3 of the Interim Law of invalidity benefit. Application of the Article 6 and 7 and, furthermore, the provisions of Article 22 A (b) First paragraph, of the Social Insurance Organisation Act, of the application. The G.M.D. shall take the place of the Council of Labour referred to in Article 17 (1) of the Interim Law of the Invalidity Interest Rate.
The Bank shall not take a decision on grant, review or withdrawal of a benefit as referred to in the previous article as long as it is not in possession of any advice from the G.M.D. unless it has already received the information required for that decision. has.
By way of derogation, as much as necessary, of the Article 22 of the Liquidation Act shall be treated by the Bank:
a. Benefits referred to in Article 16 of the Accident Act 1921, Article 37 of the Land and Horticultural Law 1922 or Article 2, first paragraph, A , from the Sea Accident Act 1919, due to the Articles 4 , 5 , 6 , 9, second paragraph , or 10, 3rd member, of the Liquidation Act Accident Laws to grant persons, who are entitled to the pensionable age, Article 7a, first paragraph, of the General old-age law , have been reached, where a year or longer after the accident, in respect of which the benefit has been granted, has elapsed;
b. the benefits to be granted under the conditions of Articles 14 , 15 and 16 of the Liquidation Act Accident Laws .
By way of derogation, as far as necessary, from the provisions of Article 3 (2) and (22) of the Liquidity Laws, in respect of the person who is entitled to the Bank or is in receipt of an institution awarded or following up to the Article 12 treated benefit as referred to in Articles 15, 16 or 19 of the Accident Act 1921, 36, 37 or 40 of the Land and Horticultural Act 1922 or 17 of the Law on the liquidation of accident laws , as well as in respect of the person, who is entitled to benefits as referred to in the Article 18 of the latter law, the provisions of Article 14 and 15 -the provisions of Article 22 are applicable; A (b) First paragraph, of the Social Insurance Organization Law, mutatis mutandis.
The competent institution shall not take a decision on the granting, revision or withdrawal of an in Article 13 said benefit, as long as it is not in possession of an opinion of the G.M.D., unless it already has the data required for that decision.
1 The jurisdiction of the Board of Governors of the Board of Governors, referred to in Articles 27 (1) of the Act of First Paragraph of the Act of Law, 1921 and 50 (1) of the Land and Horticultural Act, 1922, is to be designated by one or more of the experts to be designated by that administration continue to investigate, remains out of application.
2 The G.M.D. takes the place of the articles in Articles 27, 1st paragraph, 27 A and 27 B of the Accident Act 1921 and 50, first paragraph, 50 A and 50 B of the Land and Horticultural Law 1922, referred to as medical adviser and supervising physician of the Bank.
The person intended to Article 43 of the Transitional Occupational Incapacity Insurance Act , which does not derive any entitlement to a disability benefit from that Act, is derogated from the provisions of the first paragraph of Article 57 of that Act. Article 43 provided that the provision was made by the Bank.
1 The person intended to Article 44 or 45 of the transitional occupational incapacity insurance scheme By way of derogation from the provisions of the third member of the Court of Justice, no entitlement to incapacity benefit may be derived from that law. Article 57 of that Act , for the provision referred to in Article 44 or 45 of that Law, taken into account by the institution which would have taken him into account in respect of any provision referred to in those Articles, if the Accident Act 1921, the Land and Horticultural law, 1922, and the Law on the Sea Accident Act, 1919, would not have been withdrawn, but only as long as no further year has elapsed since the accident on which the provision is being made.
2 By way of derogation from the provisions of the third paragraph of Article 57 of the Transitional Occupational Incapacity Insurance Act the person, who is the pensionable age, is intended to be Article 7a, first paragraph, of the General old-age law , has been granted, for the provision referred to in Article 44 or 45 of that Law, by the Bank, if a year or longer has elapsed after the accident, in respect of which the provision is to be made.
By way of derogation from the provisions of Article 27, first paragraph, of H , of the Invalidity Act, 17, first paragraph, second sentence, of the Interim Law Invalidity Interest Rate Remeters, 27 Ed of the Accident Act 1921 and 50 C of the Land and Horticultural Act 1922, is subject to the relevant experts appointed by the G.M.D. or the expert designated by that Service and, if their condition makes provision, also on its conductors, by the specific case of or under Article 26 of the Incapacity Insurance Act applicable.
The Social Insurance Board may arrange for the allocation of the costs of the G.M. D, arising from the implementation of the Chapters II and III Whether or not in connection with Article 18 , as well as on the netting of:
a. the Bank and the G.M.D. of Cost, which for that Service arise from the execution of Chapters II , III and IV Whether or not in connection with Article 18 ;
b. The Disability Insurance Fund and the G.M.D. of Costs incurred for that Service from the execution of Chapter IV Whether or not in connection with Article 18 ;
c. the Disability Fund and the Business Association as referred to in Article 23, 2nd paragraph, of the Liquidation Act Accident Laws of the costs resulting from the implementation of Articles 18 and 23, second paragraph, of that trade association.
If the Bank is required to deliver an opinion in cases other than those referred to in this Decision in order to implement the social-medical assessment laws referred to in this Decision, this opinion shall be given by the G.M.D..
1 The G.M.D. may agree with one or more of the Councils of Labour, that tasks arising out of this Decision for that Service shall be satisfied, in whole or in part, by that Service, by the relevant Employment Council. That Council of Labour.
2 Where the provisions of the preceding paragraph apply, the Council of Labour referred to in that paragraph shall be deemed to act as 'G. M.D.'
3 The Social Insurance Council may regulate the provisions of this Article and the previous article.
With effect from the day on which this Decision enters into force, our Decision of 15 November 1919, Stb. 752, establishing a general measure of administration, as referred to in Article 113 of the Invalidity Act, is repealed.
This decision may be cited as implementing decision-making arrangements for liquidation benefits and provisions.
This Decision shall enter into force from the second day following that of which it shall enter into force. State Sheet is placed and operates back to July 1, 1967.
Our Minister of Social Affairs and Public Health is in charge of the implementation of this decision, which is State Sheet will be placed and copies of which will be sent to the Council of State.
Soestdijk, 7 September 1967
JULIANA.
The Minister for Social Affairs and Health,
B. ROOLVINK.
Published the twenty-sixth September 1967.The Minister of Justice,
C. H. F. POLAK.
