Key Benefits:
Decision of 4 December 2008 laying down rules for the provision of education for young people with disabilities and their implementation by UWV (Implementing Decision education facilities for young people with disabilities)
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 Education, Culture and Science, Sharon A.M. Dijksma, of 6 October 2008, No WJZ/57270 (2658), Management Committee and Legal Affairs; done in accordance with our Minister of Social Affairs and Employment and also on behalf of our Minister of Agriculture, Nature and Food Quality;
Having regard to Article 19a, seventh paragraph, of the other OCW subsidies Act ;
The Council of State heard (opinion delivered on 22 October 2008, No W05.08.0425/I);
Having regard to the further report of the Secretary of State for Education, Culture and Science, Sharon A.M. Dijksma, of 25 November 2008, No WJZ/72435 (2658), Executive Board and Legal Affairs; released in agreement with our Minister of Social Affairs and Employment and also on behalf of our Minister of Agriculture, Nature and Food Quality;
Have found good and understand:
For the purpose of this Decision:
a. Law: The Other OCW subsidies Act ;
b. UWV: the Employee Insurance Implementing Institute, named in Chapter 5 of the Act implementing organisation of work and income .
1 A device as referred to in Article 19a of the Act shall not be granted, respectively, where the cost of a provision or a provision is concerned
a. which is common practice; or
b. For which reimbursement is possible under another legal arrangement.
2 For the purposes of this Decision and of the provisions based thereon, the assessment and calculation of costs and provision of a provision referred to in paragraph 1 shall be based on the least-needed adequate supply.
1 A device as referred to in Article 19a of the Act shall not be provided if the costs referred to in that Article , less than 1.85 times the minimum wage per day provided for in Article 8 (c) of the minimum wage law and minimum holiday allowances , as last article It was 1 January of the calendar year in which the costs were incurred.
2 If the combined value of provisions as referred to in Article 19a of the Act who applied for in a calendar year, an amount of 1,85 times the minimum wage per day, intended in Article 8 (c) of the minimum wage law and minimum holiday allowances exceeds, the UWV may provide provisions at the level of that joint value.
A device as referred to in Article 19a of the Act shall be granted only if it is addressed to the individual in moderation.
1 Under provisions referred to in Article 19a, second paragraph, of the Act shall be understood only:
a. Transport facilities designed to ensure that the person is intended to be Article 19a, first paragraph, of the Act , its training location can be reached;
b. intermediate activities for the benefit of persons with auditory disabilities;
c. provide the necessary facilities for the establishment of the training site and the tools to be used in training which, to the extent of the individual of the person, is intended to be used in the training of the person concerned. Article 19a, first paragraph, of the Act They're tuned.
2 Under provisions referred to in Article 19a, second and third paragraphs, of the Act shall not be understood as:
a. provisions for which a scheme has been adopted in or on the basis of Law on primary education , the Law at the centres of excellence , the Law on secondary education , the Law on education and vocational education and the Law on higher education and scientific research ;
(b) provisions for which an arrangement has been made under the responsibility of Our Minister for Health, Welfare and Sport or additions to those provisions for which an own contribution is paid, with the exception of the Designated tools mentioned in the Health insurance scheme , in so far as these devices are used almost exclusively in the educational situation;
c. personnel teaching facilities, including in any case, activities such as remedial teaching, itinerant guidance, or giving guidance lessons;
d. Facilities for the carriage of pupils to and from school as intended in the Law on primary education , the Law at the centres of excellence and the Law on secondary education Unless: Article V of the Law of 17 January 2002 amending the Law on primary education, the Law on the centres of excellence and the Law on secondary education in connection with the transport of apprentices (Stb. 59) is applicable;
e. Dyslexia devices.
1 Transport facilities as referred to in Article 19a, third paragraph, of the Act , shall not be granted or be terminated if the income of the person applying for the provision or to whom the provision is granted is made in the calendar year in which the provision is sought or continued. For more than 261 times 70% of the said amount, Article 17, first paragraph, of the Social Insurance Financing Act with regard to a wage period of one day.
2 If the income of the person referred to in paragraph 1 is subject to fluctuation in meaning, for the purposes of the first paragraph, the sum of the income shall be about the calendar year referred to in the first paragraph and income shall be paid on the two preceding calendar years divided by three.
3 In any case, the transport facilities referred to in the first paragraph shall mean a loan car, a fee fee and a mileage allowance for the use of a private car or a loan car.
4 By ministerial arrangement:
a. lays down rules on the method of determining the income referred to in paragraph 1, where the income of the parents, the spouse, the partner or the person is to be taken into account when determining the income; another member of the family of the person referred to in the first paragraph;
b. The percentage for categories of persons referred to in paragraph 1 may be increased; and
c. may be determined that the first paragraph shall not apply to the provision of any transport provision to be determined.
5 Termination of the transport facilities for exceeding the income limit referred to in paragraph 1 shall take place from the beginning of the six months after the person to whom the provision is made from the proposed entry the termination of the notification.
1 An urban transport facility referred to in Article 19a, third paragraph, of the Act shall be granted only where the restrictions resulting from illness or lack of action are thereby eliminated or reduced.
2 An urban transport facility as referred to in Article 19a, third paragraph, of the Act shall be granted only if on the basis of Article 19a, second paragraph, of the Act a transport facility has been granted.
3 After termination of the transport provision, granted on the basis of Article 19a, second paragraph, of the Act , the supply of life shall be continued during the period provided for in the Decision of the UWV to which the provision has been granted, but not more than the duration of 12 months.
The provision of an intermediate activity as referred to in Article 19a, second paragraph, of the Act It shall be paid by means of reimbursement of the costs of intermediation in the finding and use of an intermediary activity.
1 The UWV may, if one or more facts on the basis of which a provision as referred to in Article 19a, second paragraph, of the Act shall be amended in such a way as to ensure that the grant is no longer designated, or if a loan contract concluded in respect of a provision expires, the person concerned shall not be awarded the person in the form of a financial concession to retain or to purchase supply, for a price which does not exceed the value of such a provision currently in force in the social sector.
2 Where the provision referred to in paragraph 1 concerns a means of transport, the value of the goods referred to in paragraph 1 shall be determined on the basis of the provisions of the first paragraph without any specific adjustments.
1 Our Minister reimburses the UWV for the cost of the facilities which are Article 19a of the Act have been paid by the UWV.
2 Our Minister reimburses the UWV the costs incurred by the UWV in the execution of his task, intended in Article 19a of the Act They're made.
3 Our Secretary of State reimburses the UWV for expenses related to the termination by the UWV of the work for the execution of his mission. Article 19a of the Act .
4 The costs to be deducted shall be deducted and the benefits resulting from the implementation of this scheme shall be deducted.
1 The UWV shall provide, before 15 March each year, the part of the Board of Management report relating to the implementation of this Decision to the part of the financial statements relating to it to our Minister. The declaration of fidelity, intended to Article 35 of the Framework Law on independent administrative bodies , shall contain a separate statement on the part related to the implementation of this Decision.
2 Interim reports drawn up by the UWV on the basis of Article 49, eighth paragraph, of the implementing organisation of the Act contain also a section on the implementation of this Decision, which part of the UWV shall be offered to Our Minister.
3 UWV shall provide for the part of the reports referred to in paragraph 2 before 15 June and 15 October.
4 The UWV shall, in the part of the Board of Management Report with annual accounts referred to in paragraph 1, present at least a report of the activities and policies relating to the provisions of the Agreement, Article 19a of the Act , as well as an explanation of the part of the financial statements and the balance sheet relating to the implementation of this Decision.
5 The parts of the interim reports referred to in paragraph 2 shall be broken down by means of the arrangements provided for in the second paragraph. Article 5, first paragraph , at least understanding of the realised expenditure and revenue, on the basis of Article 19a of the Act , in relation to advances granted for these purposes.
1 The UWV shall submit an advance payment to Our Minister annually before 1 December of the year preceding the financial year in which the costs are to be incurred.
2 The application for an advance relates to the costs referred to in the Article 10 , as well as revenue on the basis of Article 19a of the Act and shall be broken down by reference to the provisions of the provisions of Article 5, first paragraph .
3 Our Minister shall fix the amount of the advance and shall provide it with effect from the financial year to which the advance relates to each month of the 11 P. of the month one twelfth part of the advance fixed.
4 Our Minister may, at the request of the UWV, adjust the favoured otter over the course of a calendar year.
5 Our Minister shall fix the final account within eight weeks of the receipt of the part of the administrative report and the annual accounts relating to the implementation of this Decision.
Under ministerial arrangement, our Minister of Education, Culture and Science can set further rules in accordance with Our Minister of Social Affairs and Employment on how the governance report, annual accounts and interim reports referred to in Article 12 , are furnished and offered.
This Decision shall enter into force on the date of its adoption Article 19a of the Act enters into force.
This decision is cited as: Implementing Decision education provisions for young people with disabilities.
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, 4 December 2008
Beatrix
The Secretary of State for Education, Culture and Science,
S. A. M. Dijksma
The Minister of Agriculture, Nature and Food Quality,
G. Verburg
Issued on the 18th December 2008The Minister of Justice,
E. M. H. Hirsch Ballin
