Advanced Search

Income disability benefit scheme with income

Original Language Title: Regeling samenloop arbeidsongeschiktheidsuitkering met inkomen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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:


Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this arrangement:


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 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.


Article 2a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 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.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • (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.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

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.


Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

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.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link

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.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 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.


Article 8a

Compare Versions Save Relationships (...) (External Link) Permanent Link

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 .


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link

This scheme is cited as: Scheme overlapping disability benefit with income.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link

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

The

State Secretary

cited above,

J. Wallage