Implementing Decree Education Facilities For Young People With Disabilities

Original Language Title: Uitvoeringsbesluit onderwijsvoorzieningen voor jongeren met een handicap

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Decision of 4 december 2008, containing rules relating to education facilities for young people with disabilities and its implementation by UWV (implementing decree education facilities for young people with disabilities) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the State Secretary for education, culture and science, Sharon Dijksma, A.M. of 6 October 2008, nr. WJZ/57270 (2658), legislation and Legal Affairs Directorate; done in accordance with our Minister of Social Affairs and employment and on behalf of our Minister of agriculture, nature and food quality;
Having regard to article 19a, paragraph 7, of the law other OCW-subsidies;
The State Council heard (opinion of 22 October 2008, nr. W 05.08.0425/I);
Having regard to the further report of the State Secretary for education, culture and science, Sharon Dijksma, of 25 november A.M. 2008, nr. WJZ/72435 (2658), legislation and Legal Affairs Directorate; released in accordance with our Minister of Social Affairs and employment and on behalf of our Minister of agriculture, nature and food quality;
Goedgevonden and understanding have: paragraph 1. General article 1. General provisions In this decision, the following definitions shall apply: a. law: the law other OCW-subsidies;
b. UWV: Implementing employee insurance, mentioned in Chapter 5 of the Act organization work and income implementation structure.

Article 2. Principles of services facilities 1 a provision referred to in article 19a of the Act is not provided or granted if the cost of a facility or a supply a. generally is common; or b. for which compensation under another legal regime.
2 in the application of this decision and the provisions based thereupon is in the assessment and calculation of costs and the provision of a supply as referred to in paragraph 1 based on the cheapest adequate supply.

Article 3. No facilities at low cost 1 a provision referred to in article 19a of the Act is not provided if the costs referred to in that article, be less than 1.85 times the minimum wage per day provided for in article 8, paragraph 1, part c, of the law minimum wage and minimum holiday allowance Act, as the latter article was on 1 January of the calendar year in which the costs were incurred.
(2) if the combined value of facilities referred to in article 19a of the Act that are requested in a calendar year, an amount equal to height of 1.85 times the minimum wage per day provided for in article 8, paragraph 1, part c, of the law minimum wage and minimum holiday allowance Act surpasses, the UWV facilities providing at the height of that combined value.

Article 4. On the individual-oriented facilities a provision referred to in article 19a of the law shall not be given unless this largely on the individual is focused.

Paragraph 2. Facilities article 5. Educational facilities 1 Under facilities referred to in article 19a, paragraph 2, of the law will only mean: a. transport facilities that stretch that the person referred to in article 19a, paragraph 1, of the Act, are training location;
b. intermediary activities for persons with a hearing disability;
c. portable facilities for the benefit of the establishment of the training location and the training to use tools, which largely on the individual from the person referred to in article 19a, paragraph 1, of the law, are aligned.
2 under facilities referred to in article 19a, paragraphs 2 and 3, of the law shall not include: a. provisions for which an arrangement has been made in or on the basis of the law on primary education, the law on centres of excellence, the law on secondary education, the Education Act and vocational education and the higher education and scientific research;
b. facilities for which an arrangement has been made under the responsibility of the Minister of health, welfare and Sport or additions to those facilities for which a contribution is paid, with the exception of a ministerial order preferred tools, mentioned in the health insurance regulations, in so far as such tools are used almost exclusively in the educational situation;
c. Human educational facilities, including in each case means activities such as remedial teaching, outpatient counseling or giving guidance lessons;
d. provisions for the transportation of pupils to and from school referred to in the law on primary education, the law on centres of excellence and the law on secondary education, unless Article V of the Act of 17 January 2002 amending the law on primary education, the law on centres of excellence and the law on secondary education related to the transport of pupils (Stb. 59) applies;
e. facilities related to dyslexia.

Article 6. Income leefvervoersvoorzieningen 1 key transport facilities as referred to in article 19a, paragraph 3, of the law, are not granted or be terminated, if the income of the person who is requesting the supply or to whom the provision is granted, in the calendar year in which the provision has been applied for or continuation of supply is considered, more than 261 times 70% of the amount referred to in article 17, first paragraph, of the law funding social insurance in respect of a pay period of one day.
(2) if the income of the person referred to in paragraph 1, subject to fluctuations in meaning for the purposes of paragraph 1, the sum of the income over the calendar year referred to in the first paragraph and the income over the two preceding calendar years divided by three.
3 under transport facilities as referred to in paragraph 1 shall in any case means a loan car, a taxikosten fee and a mileage allowance for the use of a private car or a car loan.
4 a ministerial order: a. be rules on the method of fixing the income referred to in paragraph 1, which may be provided that in defining the income to be taken into account also the income of the parents, the spouse, partner or another family member of the person referred to in the first paragraph;
b. can the percentage referred to in the first paragraph for categories of persons be increased; and (c). it may be provided that the first paragraph, no application finds in the provision of transport facilities to be determined.
5 Termination of the transport facilities due to exceeding the income limit, referred to in paragraph 1, takes place with effect from the date which is located six months after the person to whom the supply is granted by the proposed termination.

Article 7. Leefvervoersvoorziening 1 A leefvervoersvoorziening referred to in article 19a, paragraph 3, of the law shall not be given unless the disease or defect resulting from restrictions are lifted or reduced.
2 A leefvervoersvoorziening referred to in article 19a, paragraph 3, of the law shall be granted only if, on the basis of article 19a, paragraph 2, of the law a transport supply is granted.
3 After termination of the transport supply, granted on the basis of article 19a, paragraph 2, of the law, the leefvervoersvoorziening continued for the term provided for in the decision of UWV where the supply is awarded, but not more than for the duration of twelve months.

Article 8. Intermediary activities to persons with a hearing disability the granting of an intermediary activity as referred to in article 19a, paragraph 2, of the law, takes place by reimbursement of the costs of mediation in finding and for the use of an intermediary activity.

Article 9. Acquisition of facilities 1 the UWV may, if one or more acts to which a provision referred to in article 19a, paragraph 2, of the law has been granted, to the provision no longer is appropriate, or if a closed loan contract expires with respect to a supply, the person the not in the form of a financial allowance granted do retain or do buy supply , for a price that the currently accepted in the social value of such a facility.
(2) if the supply, referred to in paragraph 1, a means of transport, in determining the value, referred to in paragraph 1, on the basis of the provision without specific adjustments.

Paragraph 3. Funding and accountability UWV article 10. UWV fee charges 1 our Minister shall reimburse the costs of the facilities at the UWV that under article 19a of the law by the UWV are paid.
2 the Minister shall reimburse the costs incurred by the UWV to the UWV in the performance of its task referred to in article 19a of the Act, be made.
3 the Minister shall reimburse to the UWV costs relating to finishing by the UWV of work on the implementation of its task referred to in article 19a of the law.
4 on the costs are deducted from the facilities that have been repaid and the benefits arising from the implementation of this scheme.

Article 11. Detailed rules report, annual accounts, interim reports and auditing


1 the UWV offers before 15 March each year the section of the report concerning the implementation of this decision with the part of the financial statements that it is related to our Minister to. About the truth and fairness, the statement referred to in article 35 of the framework law self-government, contains a separate statement about the portion that relates to the implementation of this decision.
2 the interim reports which draws up on the basis of article 49 the UWV, eighth paragraph, of the law implementation organization structure also include a section on the implementation of this decision, which portion by the UWV is offered to our Minister.
3 UWV offers the portion of the reports referred to in paragraph 2, by 15 June and 15 October.
4 the UWV takes issue with in the part of the financial statements referred to in paragraph 1, at least one report on the activities and the policies in respect of the facilities referred to in article 19a of the Act, and also an explanation on the part of the revenue and expenditure account and the balance sheet relating to the implementation of this decision.
5 the portions of the interim reports, referred to in paragraph 2, give, broken down by the facilities referred to in article 5, paragraph 1, at least understand the realised expenditure and revenue, on the basis of article 19a of the Act, in relation to the advances provided for these purposes.

Article 12. Time, content and device application for shot, fixing costs 1 the UWV shall submit an annual before 1 december of the year preceding the financial year in which the costs will be made the request for an advance to the Minister. 2 the application for an advance covers the costs referred to in article 10, and the receipts on the basis of article 19a of the law and is at least broken down by facilities referred to in article 5, paragraph 1.
3 the Minister sets the height of the advance and provided as from the financial year to which the advance relates monthly for the 11th of the month laid down a twelfth part of the shot.
4 the Minister may, at the request of the UWV, the advance payment on customize in the course of a calendar year.
5 the Minister shall, within eight weeks after receipt of the part of the report and the annual accounts relating to the implementation of this decision the final bill.

Article 13. Detailed rules a ministerial order, our Minister of education, culture and science in accordance with our Minister of Social Affairs and employment arrangements how report, the financial statements and the interim reports referred to in article 12, be furnished and offered.

Article 14. Entry into force this decision shall enter into force on the date on which article 19a of the law enters into force.

Article 15. Quote title this decision is cited as: implementing decree education facilities for young people with disabilities.
Charges and recommended that this decision with the corresponding note of explanation in the Official Gazette will be placed.
The Hague, december 4, 2008 Beatrix the State Secretary for education, culture and science, s. a. M.
Denis the Minister of agriculture, nature and food quality, G.
Verburg Issued the 18th december 2008 the Minister of Justice, E. M. H.
Hirsch Ballin

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