Penalty Decision Social Security Laws

Original Language Title: Boetebesluit socialezekerheidswetten

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Decision of 14 October 2000 laying down rules on the amount of administrative fines to be imposed on the basis of certain social security laws and the time of entry into force of certain statutory provisions (Decree-Law of the European Parliament) (Bote Decision) social security laws)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the proposal of the Secretary of State for Social Affairs and Employment, J.F. Hoogervorst, acting on behalf of our Minister of Social Affairs and Employment, of 4 July 2000, Executive Board of Social Insurance, No SV/UB/00/42726;

Having regard to the Articles 14a, seventh paragraph, of the General Assistance Law, 17, seventh paragraph, of the Law on Income Artists (Wet Income Provision), 20a, seventh member, of the Income Provision Act older and partially disabled unemployed workers, 20a, seventh member, of the Income Provision Act older and partially disabled self-employed self-employed persons, 27a, 7th Member, of the Unemployment Act45a, 45a, seventh member, of the Health Act, 29a, seventh member, of the Disability Insurance Act, 48, seventh member of the Law insurance against incapacity for work of the selfemployed person, 40, seventh member, of the Law on incapacity for work of young disabled persons, 14a, seventh member, of the Toeslagenwet Act, 17c, seventh member, of the General Old-age Law, 39, 7th member, of the General Survivors Act, 17a, seventh member, of the General Child Bite Act, article 46, seventh paragraph, of the Law on the Integration of the Disabled Persons;

Hearing the Council of State (opinion of 11 August 2000, No. W12.00.0269/IV);

In view of the detailed report by Our Minister for Social Affairs and Employment, also expressed on behalf of the Secretary of State for Social Affairs and Employment, J. F. Hoogervorst, of 11 October 2000, Executive Board of Social Affairs and Social Affairs, Insurance, No SV/UB/00/64581;

Found well and understood:


Article 1. Terms

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This decision and its related provisions are defined as:


Article 2 Calculation of the administrative fine

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  • 1 The administrative fine is set at the the amount of the benemable amount and, in the case of recidivism, 150 per cent of the amount of the penning agent, except that at least € 150 shall be fixed. In the case of reduced reproach, the administrative penalty is reduced.

  • 2 The administrative fine is rounded up to a multiple of € 10.

  • 3 If the failure or failure to properly meet the intelligence requirement has not resulted in a total amount of bony and is not sufficient With the issuing of a written warning, the administrative fine will be fixed at € 150. In the event of reduced reproach, the administrative fine shall be reduced.


Article 2a. Reduced reproach criteria

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  • 1 When determining the height of the administrative Fine becomes the extent to which the conduct can be determined to the person concerned according to the circumstances in which the person was in the wrong place at the time he was obliged to comply with the information obligation.

  • 2 When evaluating the extent to which the behavior can be blamed on the person, at least the following criteria lead to reduced reproach:

    • a. the person was wrong in unforeseen and unwanted circumstances, who were not in the normal pattern of life and who did not bring him into the factual impossibility of meeting the intelligence obligation, but that emotionally so It was not fully imputable that the information was not provided in good time or in full;

    • b. the person concerned was in such a mental state that the offence is not fully charged to him, or (s)

    • c. the person concerned did provide information, which was, however, incorrect or incomplete, or has not otherwise notified a change of circumstances without delay, but has, on its own initiative, provided the correct information prior to the finding of the infringement, unless the person concerned has provided such information in the context of the infringement; Verification of compliance with an intelligence obligation.


Article 2b. Not or not due report by employer

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  • 2 The obligation, referred to in Article 63c, of the ZW, has not been complied with if the employer noties the notification that he is not assisting in the supervision of his sick employees has not been done within 7 calendar days by a person referred to in that article.

  • 2 If the employer is the obligation, referred to in Article 71a, fourth paragraph, of the WAO, as referred to in that Article before 1 April 2002, is not fulfilled in respect of the worker or the insured person referred to in that Article whose first day of incapacity for work is situated before that date, Article 5 of the Decision of the ZW/WAO Employers ' 2002 penalty, as used for the entry into force of this Decision, shall apply.


Article 3. Reconciliation [ expired by 01-07-2009]

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Article 4. Revocation of a decision and revocation of articles

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  • 1 The Decision tariffs on administrative fines Abw, Ioaw and Ioaz are withdrawn.

  • 2 [ Red: Change Implementing Decision WIK.]


Article 5. Transition Right

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  • 1 The Decision tariffs on administrative fines Abw, Ioaw and Ioaz, the BoeteDecree Tica, the BoeteDecree AOW, the BoeteDecree Anw and the BoeteDecree LAKW, such as those in the middle of the day preceding the day of entry into force of this Decision, shall continue to apply to the non-or non-adequate fulfilment of the intelligence obligation prior to the day of entry into force of this Decision.

  • 2 If for the non-correct or not adequate compliance with the obligation of information which precedes the date of entry into force of this Decision, should be subject to a lower administrative penalty than the administrative penalties imposed on the basis of the Decision; Ioaw and Ioaz, the Articles 7 to 10 of the Implementing Decision WIK, the BoeteDecree Tica, the BoeteDecree AOW, the BoeteDecree Anw or the BoeteDecree AKW, shall, in the case of: derogation from paragraph 1, application of this Decision.

  • 3 The Act on the Law of the Law of the Social Security Act, which was the same as that for 1 July 2007, remains of application to the non-or non-satisfactory performance of the intelligence obligation prior to that date, unless the decision imposing the fine is taken on or after that date and has been subject to a more favourable penalty since then.


  • Article 6. Transitional provision related to the repeal of the REA Act

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    Article 1, as the previous day of the day on which article 2.10 of the Act and Finance Law and Income to Labor Equity Act the REA Act was revoked, shall continue to apply to administrative fines, obligations, subsidies and provisions imposed until the date of the repeal of the REA Act , either in the golden or in his or her own right assigned.


    Article 6a. Transitional provision in relation to amendment of the Health Act

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    The Articles 2a and 2b, such as those in the middle of the day prior to the The entry into force of Article VIII parts L and M of the Law Harmonisation and Simplification of Social Security Lawshall continue to apply if article 86d of the ZW application is applicable.


    Article 6b. Foundation

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    This decision is based on the Articles 20a, ninth member, of the IOAW, 20a, ninth member, of the IOAZ,18a, ninth member, and 47g, ninth member, of the Participating Act , and 6b, seventh member, of the RW.


    Article 7. Entry into force of this Decision.

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    This decision will enter into force with effect from 1 February 2001.


    Article 8. Citation Title

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    This decision is cited as: Social Security Laws Act.

    Orders and orders that this Decision will be placed in the Official Journal with its note of explanatory note.

    ' s-Gravenhage, 14 October 2000

    Beatrix

    The Minister for Social Affairs and Employment,

    W. A. F. G. Vermeend

    The State Secretary for Social Affairs and Employment,

    J. F. Hoogervorst

    Isled the Thirty-first October 2000

    The Minister of Justice,

    A. H. Korthals