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Decision of 22 August 2008 laying down rules relating to compulsory purchase of financial aid granted under the Decision housing grants and amending and repealing the Housing Subsidies Decision 1995 (Decision compulsory purchase house-related subsidies
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Wons, Wise and Integration of 16 June 2008, No. BJZ2008057286, Executive Board of Administrative and Legal Affairs, Department of Legislation;
Having regard to the Articles 81 of the Housing Act and 18 of the Financial Ratio Law ;
The Council of State heard (opinion of 23 July 2008, No W08.08.0231/IV);
Having regard to the further report of our Minister for Wons, Wijken and Integration of 15 August 2008, no. BJZ2008073097, Directorate of Administrative and Legal Affairs, Department of Legislation;
Have found good and understand:
For the purpose of this Decision:
Surrender date: the time of entry into force of the First, second, third or fourth members of Article 2 or, where the date of entry into force of the relevant paragraph is after 1 October of the calendar year, 31 December of that calendar year;
Our Minister: Our Minister for Wons, Wisdom and Integration.
1 On the basis of Article 10 of the Decree on housing subsidies budgets allocated to a budget-managing municipality, the first annual amount of which is intended to be Article 14 of that Decision , disbursed in 1994, is subject to compulsory purchase, in so far as there are annual amounts owed to the municipality at the date of surrender.
2 On the basis of Article 10 of the Decree on housing subsidies budgets allocated to a budget-building municipality or a budget-building partnership, the first annual amount of which is intended to be Article 14 of that Decision , disbursed in 1995, is subject to compulsory purchase in so far as there are annual amounts owed to that municipality or to that cooperative on the date of surrender.
3 On the basis of Article 10 of the Decree on housing subsidies budgets allocated to a budget-building municipality or budget-to-budget partnership, the first annual amount of which is intended to be Article 14 of that Decision , disbursed in 1996, is subject to compulsory purchase in so far as there are annual amounts owed to that municipality or to that grouping on the date of surrender.
4 On the basis of Article 24 of the Decision housing subsidies the budgets allocated to a non-budgeted municipality in 1993 or 1994 are to be bought off to the extent that annual amounts are due to that municipality on the surrender date.
Our Minister shall take effect within four weeks of the entry into force of a member of Article 2 for each municipality, or any budget-providing cooperative, to whom the purchase referred to in that paragraph relates to a decision, the total amount to be determined in accordance with this Decision, against which the amount still due shall be Annual amounts are purchased.
1 Each remaining annual amount of the allocated budget shall be made in cash by way of division of that amount (1 + i) n- Where "i" is the discount rate and "n" shall be the number of years from the first maturity date of a remaining annual amount on or after the surrender date up to the maturity date of the sum to be paid.
2 The amounts calculated in accordance with the first paragraph shall be reported. The result shall be made in cash to the day prior to the date of surrender by division by (1 + i*m), where "i" is the discount rate and "m" is the period from the day preceding the date of surrender until the first maturity date of the date of the date of delivery. annual amount, which shall be a part of an entire year.
1 For the purposes of applying Article 4 shall be:
a. On the basis of months of 30 days and of a 360-day year;
b. The discount rate (i) stated at 0,0400 (4,00%); and
c. assumed a yield of 4,00% for all interest-rate periods followed by the current interest rate fixation period.
2 If, for the current interest rate fixation period, an interest rate is lower than 4,00%, a yield of 4,00% shall be assumed from the day after the date of surrender for the remaining portion of that period.
3 If 31 December of any year is the surrender date and at the same time the end of an interest-setting period, the interest rate for the first subsequent interest period shall be fixed at the long-term interest rate mentioned in the Central Economic Plan for the period of sale to the first year of that interest-fixed period, increased by 0,6%.
4 If an annual amount is given on the basis of Article 14, second paragraph, of the Decree on housing subsidies in 12 monthly instalments, is paid for the application of Article 4 the expiry date of that annual amount as from 1 July.
5 By arrangement of Our Minister, after consultation with our Minister of Finance, the discount rate and percentage referred to in paragraphs 1 and c of paragraph 1 and the second paragraph may be changed for a period to be determined, if, having regard to the interest rates applicable, the percentage of the discount rate applicable to the municipalities or associations referred to in the Article 2 -It's a disadvantageous fall.
1 The total amount is paid out within six weeks of the adoption of the decision referred to in Article 3 .
2 If paid after the surrender date, the amount to be paid shall be increased by an interest rate of 4.00% over a period of six weeks.
After adoption of the Decision referred to in Article 3 , the claims that a municipality or a budget-based cooperative had on the annual amounts due under that decision shall be cancelled.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This decision is cited as: Decision on compulsory purchase of housing subsidies.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 22 August 2008
Beatrix
Ministers for the Wages, Wise and Integration
,C. P. Vogelaar
Published the ninth of September 2008The Minister of Justice
E. M. H. Hirsch Ballin
