Key Benefits:
Scheme of overlapping of incapacity benefit with income from employment
The Secretary of State for Social Affairs and Employment,
Read the opinions of the Social Insurance Council of 4 June 1992, No 922639, of 18 March 1993, No 931476 and of 21 October 1993, No 935086;
Having regard to Article 33, fifth and sixth paragraph, of the General Incapacity Act and Article 44, fifth and sixth paragraph, of the Disability Insurance Act ;
Decision:
For the purposes of this arrangement:
a. WAO: Incapacity for work insurance ;
b. Waz: Law for incapacity for the self-employed ;
c. Wajong: Law on incapacity for work of young handicapped persons ;
ed. SW: Disease law ;
e. WW: Unemployment law ;
f. Leave: one period agreed between the employer and the employee for part or the whole of the working time, in which the employee does not perform any employment with the employer;
g. Pension or pre-pension: a periodic benefit arising from a service in the form of an old-age provision, or a benefit prior to that benefit or the attainment of the pensionable age specified in Article 7a, first paragraph, of the General old-age law ;
h. laudation benefits:
1 °. cash benefits of the Unemployment law ;
2 °. cash benefits of the Disease law ;
3 °, which is enjoyed on the basis of Article 629 of Book 7 of the Civil Code -or pay on the basis of Article 76a of the Health Act ;
4 °. cash benefits of the Articles 6 , 51 and 131 of the General Pensions Act political office holders ;
5 °. sickness or unemployment benefit on the basis of a scheme applicable to persons who are Article 6, first paragraph, part a or subparagraph b of the Law on sickness Other Article 6, first paragraph, part a or subparagraph b of the Unemployment Act , are not insured under that law;
6 °. a periodic benefit arising from a service as a means of retirement provision, or a benefit prior to that benefit or the attainment of the retirement age, as referred to in Article 4 (2). Article 7a, first paragraph, of the General old-age law ;
7 °. Benefits under the legislation of Aruba, Curaçao, Sint Maarten, or of the Netherlands for the benefit of the public entities Bonaire, Sint Eustatius and Saba, another Mogenity or an international organisation which is by nature and purpose correspond to the benefits referred to below 1 ° to 6 °;
8 °. cash benefits and income provisions on the basis of the Law WIA , the WAO , the SII and the Wajong and incapacity benefits, corresponding to their scope.
1 Under pay as referred to in the Articles 44, second paragraph, of WAO , 58, second member, of the Waz and 3:48, second member, of the Wajong The term 'wages' shall be understood as meaning Article 16 of the Social Insurance Financing Act for the worker, within the meaning of that law, except for:
a. the wages of former employment in the sense of the Act on payroll tax 1964 ;
b. Wage-payment benefits, whether or not increased by a supplement based on the Supplements Act and supplements paid by the employer to those benefits;
c. The final charging items specified in: Article 31, first paragraph, parts b to h, of the Wet op de payroll 1964 ;
d. a benefit which the employee has enjoyed by virtue of the claim provided for in Article 39d, of the Law on Pay Taxation 1964 Without any unpaid extra leave.
2 Under pay as referred to in the Articles 44, second paragraph, of WAO , 58, second member, of the Waz and 3:48, second member, of the Wajong It shall also be understood as one of the following benefits, if it is enjoyed because the person concerned has carried out or has carried on employment:
a. a sickness benefit under a scheme, applicable to persons who, on the basis of Article 6, first paragraph, (a) or (b), of the ZW are not insured under that law;
b. a sickness benefit under the social legislation of another country;
(c) a benefit in the case of unemployment under a scheme applicable to persons acting on the basis of Article 6 (a) or (b) of the WW , are not insured under that law;
d. an unemployment benefit under the social legislation of another country;
e. a benefit as referred to in the Articles 6 , 51 and 131 of the General Pensions Act political office holders ;
f. a benefit in the case of pregnancy, childbirth, adoption or foster care under the social legislation of another country;
3 If the benefit, referred to in the second paragraph, or a benefit under the SW , the WW or Chapter 3, Section 2, of the Law of Work and Care (i) for the purpose of employment, whether in whole or in part he is not paid by the person concerned or in connection with the going through for a period of waiting, is acting as if that benefit had been paid for the purpose of fixing the pay has been paid in full.
4 If the person concerned is entitled to benefits under the SW , the WW or Chapter 3, Section 2, of the Law of Work and Care -as from the first day of the return period in which the benefit begins to be issued-means the salary received in the return period for the return period in which the right to pay is issued. arose on that benefit.
5 Where entitlement arises from the payment of wages as referred to in the Article 629 of Book 7 of the Civil Code Or of remuneration as referred to in Article 76a of the ZW 'From the first day of the issuing period to which that entitlement has been issued, the term' pay ' shall be understood as the salary received during the period of return for the period of return for which the payment of remuneration or salary or salary was made. Where there is no right to pay the remuneration or to pay the remuneration by applying Article 629, third or ninth paragraph, of Book 7 of the Civil Code or to a general rule as referred to in Article 4 (2) of the Civil Code Article 76b, first to third members, of the ZW , the salary or salary shall be taken into consideration as a right to the payment of a payment.
6 Where the right is a payment of the salary or salary corresponding to the nature and the effect of the salary as referred to in Article 4 (1), Article 629 of Book 7 of the Civil Code or pay as referred to in Article 76a of the ZW 'From the first day of the issuing period to which that entitlement has been issued, the term' pay ' shall be understood as the salary received during the period of return for the period of return for which the payment of remuneration or salary or salary was made. Where there is no right to payment of the salary or to pay on grounds corresponding to the nature and purpose of Article 629, third or ninth paragraph, of Book 7 of the Civil Code, or Article 76b, first to third members, of the ZW , the salary or salary shall be taken into consideration as a right to the payment of a payment.
7 If the person concerned is on leave or receives a pension or a pre-pension, as from the first day of the issue period in which the leave is held or where entitlement arose from retirement or pre-pension, the term "wage" shall be the same as pay which was received during the period of return for the period of return on which the leave is taken or where entitlement to a pension or pre-retirement pension was established.
8 When fixing the pay, the amount accumulated in the relevant issue periods may be paid to the holiday and additional periodic salary may be taken into account instead of paying the amount paid in the relevant issue periods. summer entry and additional periodic salary.
1 Under income as referred to in the Articles 44, 1st paragraph, of WAO , 58, 1st member, of the Waz and 3:48, 1st member, of the Wajong '
a. the pay, for the purpose of Article 2 ;
(b) the following benefits received because the person concerned has, or has, performed in employment other than employment:
1 °. a sickness benefit under a scheme, applicable to persons who, on the basis of Article 6, first paragraph, (a) or (b), of the ZW are not insured under that law;
2 °. a sickness benefit under the social legislation of another country;
(iii) a benefit in the case of unemployment under a scheme, applicable to persons who, on the basis of Article 6 (a) or (b) of the WW , are not insured under that law;
4. a benefit in the case of unemployment under the social legislation of another country;
5 °. a benefit as referred to in the Articles 6 , 51 and 131 of the General Pensions Act political office holders ;
6. a benefit in the case of pregnancy, childbirth, adoption or foster care under the social legislation of another country;
c. the wage within the meaning of the Act on payroll tax 1964 , to the extent that the insured person or the young disabled person is not as an employed person Article 1 (o) of the Social Insurance Financing Act , earning income, with the exception of:
1. the salary of previous employment in the sense of the Act on payroll tax 1964 ;
2 °. laudation benefits, whether or not increased by a supplement on the basis of the Supplements Act and supplements paid by the employer to those benefits;
(3 °) the final components of the levy, Article 31, first paragraph, parts b to h, of the Wet op de payroll 1964 ;
4. a benefit which the employee has enjoyed by virtue of the claim provided for in Article 39d, of the Law on Pay Taxation 1964 , without any unpaid extra leave;
d. the taxable salary or the taxable result from other activities, referred to in Section 3.3.1 , below Section 3.4.1 of the Income Tax Act 2001 , except as far as efficacy is concerned as intended in the Articles 3.91, first paragraph, parts (a) and (b) , and Article 3.92 of that Act , to the extent that the insured person or the young disabled person is not an employee as intended for the purpose of the Article 2, first paragraph, or part b ;
e. the taxable profits of the company, as referred to in Section 3.2.1 of the Income Tax Act 2001 , together with the entreprenial deduction, for the purpose of Article 3.74 of that Act and increased by the SME profit exemption provided for in Article 3.79a of that Law , except that the components of the profits are intended to be Article 3.78, third paragraph, points (b) and (c) of that Act , they are not supposed to be a profit.
2 If a benefit referred to in paragraph 1 (b) or a benefit is paid on the basis of the SW , the WW or Chapter 3, Section 2, of the Law of Work and Care which is not enjoyed in connection with the provision of employment in the course of employment, is wholly or partly not paid out by the person concerned or in connection with the going through for a period of waiting, is hereby established for the purposes of establishing the income as if the benefit had been paid out in full.
3 If the calculation of the result from other proceedings referred to in paragraph 1 (d) or in the profits referred to in paragraph 1 (e) leads to a negative amount, the profit or loss shall, on the other hand, result in zero profit. ed.
4 If the person concerned is entitled to benefits under the SW , the WW or Chapter 3, Section 2, of the Law of Work and Care If this is not enjoyed in connection with the provision of employment, it shall also be understood as the income which was last enjoyed before the start of the incapacity to work, unemployment or the origin of employment. the right to benefit under Chapter 3, Section 2, of the Act of Work and Care.
5 If person is on leave or receives a pension or a pre-pension, if the person concerned is not an employee in the sense of the person concerned, Article 2, first paragraph 'income' means the income that was last enjoyed before the commencement of that leave, pension or pre-pension.
6 When determining income, the amount accumulated in the relevant issue periods may be taken into account in the amount of the holiday benefit and additional periodic salary, instead of paying the amount paid in the relevant issue periods. summer entry and additional periodic salary.
1 The amount to be paid to the person for incapacity benefit, intended in the Articles 2, third, fourth, fifth or sixth Member States and 2a, second or fourth member The amount of the allowance referred to in Article 2 (4) or (a) (4), or Article 2 (2) (b) shall be reduced to the full amount of the benefit of incapacity for work. Article 629 of Book 7 of the Civil Code wages received.
2 By way of derogation from Article 2, fourth, fifth, sixth or seventh member , and Article 2a, fourth or fifth member , the average of the wage or income in the three periods of return for the period of return for the declaration period shall be deemed to be an average of the earnings or income, as a result of the reporting period, in respect of the period of return for the declaration period in which:
a. Law arose on the payment of a wage payment as specified in Article 2, fifth or sixth paragraph ,
b. entitlement arose as a benefit as referred to in Article 2 (4) , or Article 2a (4) ; or
(c) in which pension, pre-retirement or leave provided in Article 2, seventh paragraph or Article 2a (5) -It's on.
1 In relation to the person:
a. to whom Article 44, first paragraph, of the WAO , Article 58, first paragraph, of the Waz or 3:48, 1st paragraph, of the Wajong is applicable;
b. for whom wage dispensation was obtained as intended Article 7, second paragraph, of the Law on the Integration of the Disabled Persons like that article member was the day before it was on the basis of Article 2.10 of the Law Introduction and Financing Law Work and Income to Labor expired or as intended in Article 3:63 of the Law on incapacity for work, young people with disabilities ; and
c. Enjoy the necessary personal support:
1º. as intended in Article 31, second paragraph, of the Law on the Integration of the Disabled Persons like that article member was the day before it was on the basis of Article 2.10 of the Law Introduction and Financing Law Work and Income to Labor expired or as intended in Article 35 of the Act of Work and Income to Work ; or
2º. which fulfils the same conditions under which personal support could be enjoyed as intended in Article 31, second paragraph, of the Law on the Integration of the Disabled Persons like that article member was the day before it was on the basis of Article 2.10 of the Law Introduction and Financing Law Work and Income to Labor expired or as intended in Article 35 of the Act of Work and Income to Work , but is not eligible for it, as this person already enjoys this support under another scheme,
the second paragraph shall apply.
(2) Where the sum of the amount of the amount of the incapacity paid per day for the benefit of the person referred to in paragraph 1 and the amount of income per day received by that person is less than the amount of the work carried out in the case of the labour (i) the rate of invalidity shall be increased until the sum is equal to that of the statutory wage but not more than 120% of the minimum wage.
3 The second paragraph shall also apply in respect of the person who:
a. No more guidance in his workplace has as intended in Article 7, first paragraph, part b, of the Social Employment Act , but fulfils the conditions laid down in paragraph 1 (a) and (b), as long as he remains active in the service for which such guidance had been obtained; or
b. Do not enjoy any necessary personal support as referred to in paragraph 1 (c) but fulfils the conditions laid down in paragraph 1 (a) and (b), as long as he remains active in the service for which it is Personal support had been obtained.
4 The minimum wage referred to in paragraph 2 is the minimum wage per month, as referred to in the second paragraph. Article 8, first paragraph, part a, of the minimum wage law and minimum holiday allowances , or, in the case of a person under the age of 23, the minimum wage per month applicable to his age, as referred to in Article 4 (1) of the Article 7, third paragraph ), and Article 8, third paragraph, of the said Act, divided by 21,75. Where an employer and an employee have agreed to a period of working time shorter than normal working hours, the legal wage and the minimum wage referred to in the second paragraph shall be reduced proportionately.
5 The person referred to in the first paragraph shall not be paid an amount of incapacity for work than the amount of incapacity for work which would have been paid out as a result of the payment of an incapacity for work. Article 44 of the WAO , Article 58 of the Waz or Article 3:48 of the Wajong that person would not have been applicable to that person.
If: Article 4, first or third member , is applicable, is Article 44, first paragraph, of the WAO , Article 58, first paragraph, of the WAZ or 3:48, 1st paragraph, of the Wajong applicable for an unlimited duration.
The Article 2, fourth paragraph , and 2a, fourth member , do not apply to benefits granted prior to the date of entry into force of the Arrangement of the Minister of Social Affairs and Employment of 6 April 2009, No IVV/I/09/5652 amending the Arrangement on incapacity for work with income from employment in connection with the provision of income from employment during an engagement period (Stcrt. In the case of a leave of absence from the fourth paragraph of Article 2 (2) of Article 2 (2), the fourth paragraph of Article 2 (2) of Regulation (EC) No 593 (2) and (2a) remain outside the scope of the provisions of Article 2 (1) of Regulation (EEC) No 593 (2). the end of that leave period.
The Article 2, fourth paragraph , and 2a, fourth member , do not apply to the employee who is a contract of employment as intended in the Chapter 2 or 3 of the Social Employment Act entered into and which:
a. In the period from 1 May 2009 to 1 July 2012, a pre-retirement pension has been received, or
b. In the period from 1 May 2009 to 1 July 2012, the normpensioenage referred to in Article 1.1 (B) of the Pension Regulation SW (entered into force on 1 January 2006 and as last amended on 7 March 2008) is reached and on or after 1 July 2012 receive a pre-retirement pension.
1 This scheme, which was the same as that on the day before the entry into force of the provisions of the Secretary of State for Social Affairs and Employment of 12 December 2011, No IVV/I/2011/22179, shall continue to apply to the person on whom Article 44 of the WAO , Article 58 of the WAZ or Article 3:48 of the Wajong was applicable on that day until such time as that article is no longer applicable.
2 As regards the person referred to in paragraph 1, 'income from employment' shall be read as to the date referred to in the first paragraph.
This scheme is based on the Articles 44, eighth paragraph, of WAO , 58, seventh member of the Waz and 3:48, eighth member of Wajong .
This scheme is cited as: Scheme overlapping disability benefit with income.
This arrangement shall enter into force from the second day following the day of the Official Journal of the Official Journal in which it is placed and shall operate until 1 August 1993.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 15 February 1994
TheState Secretary
cited above,J. Wallage