Key Benefits:
Decision of 23 August 2004 amending the Statutory Unemployment Scheme for Education staff Primary and Secondary Education
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Education, Culture and Science of 26 May 2004, no. AP/PSW/2004/22531 (B21), Directorate for Labour Market and Personnel Policy, made on behalf of our Minister of Agriculture, Nature and Food Quality;
Having regard to Article 33, second paragraph, of the Law on Primary Education, Article 33, second paragraph, of the Law on Centre of Excellence and Article 38a, Second paragraph, of the Law on Secondary Education;
The Council of State heard (opinion of 23 July 2004, No W05.04.0219/III);
Having regard to the further report of Our Minister of Education, Culture and Science, delivered on behalf of our Minister of Agriculture, Nature and Food Quality of 18 August 2004, no. AP/PSW/2004/38248, Directorate for Labour Market and Personnel Policy;
Have found good and understand:
1 The Decision of the statutory unemployment scheme for teaching staff Primary and secondary education As that stated on the day before the date of entry into force of this Decision, the person concerned shall continue to benefit from a right to benefit which is subject to a entitlement to a WW follow-up allowance. A right to follow-up benefit is not intended to be a right of benefit Article 130h, 2nd paragraph, Unemployment Act .
2 The person concerned whose first day of unemployment is before the date of entry into force of this Decision and who is not entitled to a further benefit due to the expiry of the supplementary benefit under the Law of 19 December 2003 until 31 December 2003 Amendment of the Unemployment Act in connection with the abolition of the Follow-up Allowance (Stb. 546), is entitled to a right to receive benefits if he fulfils the conditions for entitlement to further benefit as included in the Unemployment law , as That Act Marked on the day before the entry into force of the Law of 19 December 2003 amending the Unemployment Act for the abolition of the Follow-up Allowance (Stb). 546). A right to follow-up benefit is not intended to be a right of benefit Article 130h, 2nd paragraph, Unemployment Act .
3 The subsequent payment, referred to in paragraph 2, is equal to the subsequent benefit to which the person concerned would have been entitled under the Unemployment law As this stated on the day before the entry into force of the Law of 19 December 2003 amending the Unemployment Act in connection with the abolition of the Follow-up Allowance (Stb.546), plus the addition to the supplementary benefit to which the person would have been entitled under the Decision of the statutory unemployment scheme for teaching staff Primary and secondary education As that stated on the day before the date of entry into force of this Decision. If the conditions are met, the final benefit will be extended by the subsequent payment, as provided for in the Article 8 of the Decision of the statutory unemployment scheme for teaching staff Primary and secondary education As that stated on the day before the date of entry into force of this Decision.
4 In so far as the person concerned is entitled to benefit at the same time as referred to in the second paragraph and a subsequent benefit on the basis of Article 130h, 2nd paragraph, Unemployment Act , he does not have a right to a supplement to this WW benefit on the basis of Article 4 of the Decision of the statutory unemployment scheme for teaching staff Primary and secondary education .
5 In so far as the person concerned is entitled at the same time to a benefit referred to in the second paragraph and a subsequent benefit on the basis of Article 130h, 2nd paragraph, Unemployment Act , the benefit referred to in the second paragraph, the character of a supplement to the level referred to in the third paragraph. For the calculation of the height of this supplement, the benefit is payable on the basis of the WW without prejudice to the fact that it has been refused, in whole or in part, on the basis of any legal provision, or whether it has not been paid in full.
6 The person concerned whose first day of unemployment is on or after the date of entry into force of this Decision and who is entitled to a follow-up allowance as referred to in Article 4 (2) of the Treaty. Article 130h, 2nd paragraph, Unemployment Act where there is no right to receive a payment, as provided for in Article 8 of this Decision, right to a supplement to the follow-up allowance referred to in Article 130h, 2nd paragraph, Unemployment Act .
7 The supplementary allowance referred to in paragraph 6 shall be supplemented per day:
a. If the person concerned is at least 40 years old on the first unemployment day and has a service period of not less than 5 years: up to 70% of the capped calculation basis;
(b) in other cases: up to 100% of the minimum wage; if 70% of the uncapped calculation basis is less than 100% of the minimum wage, the supplementary benefit is supplemented, however, by day to 70% of the uncapped calculation basis.
This Decision shall enter into force from the day following the date of issuance of the Official Journal, in which it is placed and shall operate back to 1 March 2004.
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, 23 August 2004
Beatrix
The Minister of Education, Culture and Science,
M. J. A. van der Hoeven
The Minister of Agriculture, Nature and Food Quality,
C. P. Veerman
Published the seventh September 2004The Minister of Justice,
J. P. H. Donner