Declaration by the Netherlands Government in accordance with Article 5 and Article 97 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

(2000/C 318/01)

The Netherlands wishes to inform you of the following:

In accordance with Article 5 and Article 97 of Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, Member States are required to specify the social security legislation to which this Regulation applies and to notify it to you.

The Netherlands Government wishes to amend or supplement some of the points of the declaration as published in Official Journal of the European Communities C 107 of 22 April 1987. These amendments or additions relate to the entry into force of a number of new laws.

On 1 January 1998 the General Law on incapacity for work (AAW) was replaced by the Self-employed Persons Disability Benefits Act (WAZ) and the Young Persons Disability Benefits Act (Wajong).

The WAZ is a compulsory insurance against the financial consequences of long-term incapacity for work for self-employed persons, self-employed professionals, director/major shareholders and co-employed spouses. If the WAZ allowance, together with the remaining family income, is less than the subsistence-level income, an additional payment may be granted in accordance with the Supplementary Benefits Act (TW, Toeslagenwet).

Female WAZ-insured persons are entitled to a prenatal allowance during a minimum period of 16 weeks.

The Wajong provides for a minimum allowance for young disabled persons. This applies to a resident who:

- is disabled on the day on which he becomes 17, or

- becomes disabled after that date and who has been studying for at least six months in the immediate preceding year.

The Wajong is specified in Annex IIa to Regulation (EEC) No 1408/71.

The General Surviving Relatives Act (ANW) entered into force on 1 July 1996. It regulates entitlement to a surviving relatives allowance, and to an allowance for persons who have lost one parent and for orphans. The ANW replaced the General Law on Widows and Orphans (AWW). The number of insured under the ANW is the same as under the AWW.

The above gives rise to the following additions or amendments:

(a) Legislation and schemes referred to in Article 4(1) and (2) of the Regulation

(a) Sickness and maternity benefits:

add "the Law of 24 April 1997 (Netherlands Official Gazette 1997, 176) on insurance against the financial consequences of long-term incapacity for work and the rules on maternity benefits for self-employed persons, members of the professions and co-employed spouses (Self-employed Persons Disability Benefits Act)".

(b) Invalidity benefits:

"the Law of 11 December 1975 (Netherlands Official Gazette 1975, 674) adopting a general insurance for incapacity for work (General Law on incapacity for work)" to be replaced by "the Law of 24 April 1997 (Netherlands Official Gazette 1997, 176) on insurance against the financial consequences of long-term incapacity for work and the rules on maternity benefits for self-employed persons, members of the professions and co-employed spouses (Self-employed Persons Disability Benefits Act)".

(d) Additions to allowances under (a), (b) and (c) as regards the Netherlands Law on unemployment insurance:

"AAW" to be replaced by "WAZ".

(e) Old-age benefits and survivors' benefits:

"the Law of 9 April 1959 (Netherlands Official Gazette 1959, 139) on general widows' and orphans' insurance (AWW), as amended since" to be replaced by "the Law of 21 December 1995 (Netherlands Official Gazette 1995, 690) on the rules governing insurance for survivors (Surviving Relatives Act - ANW)".

(d) Benefits referred to in Article 78 of the Regulation

"orphan's pensions in accordance with the Law of 9 April 1959 (AWW)" to be replaced by "orphan's pensions in accordance with the Law of 21 December 1995 (ANW)"; "children's allowances in accordance with the Law of 26 April 1962 (AKW) for persons receiving a widow's pension" to be replaced by "children's allowances in accordance with the Law of 26 April 1962 (AKW) for persons receiving a survivor's pension".

The complete list thus reads as follows:

(a) Legislation and schemes referred to in Article 4(1) and (2) of the Regulation

(a) Sickness and maternity benefits:

- the Law of 5 June 1913 (Netherlands Official Gazette 1913, 204) on workers' health insurance (Sickness Benefits Act), as amended since,

- the Law of 24 April 1997 (Netherlands Official Gazette 1997, 176) on insurance against the financial consequences of long-term incapacity for work and the rules on maternity benefits for self-employed persons, members of the professions and co-employed spouses (Self-employed Persons Disability Benefits Act),

- the Law of 15 October 1964 (Netherlands Official Gazette 1964, 392) on the rules applying to health insurance (Health Insurance Act),

- the Law of 14 December 1967 (Netherlands Official Gazette 1967, 655) on general insurance against exceptional medical expenses (General Act on Exceptional Medical Expenses),

- the Law of 7 June 1972 (Netherlands Official Gazette 1972, 313) on the provisions covering military personnel under compulsory military service and similar categories of personnel against the financial consequences of disability (Disability Assistance Act for Military Personnel).

(b) Invalidity benefits:

- the Law of 18 February 1966 (Netherlands Official Gazette 1966, 84) on disability benefits (Disability Benefits Act), as amended since,

- the Law of 7 June 1972 (Netherlands Official Gazette 1992, 313) on the provisions covering military personnel under compulsory military service and similar categories of personnel against the financial consequences of disability (Disability Assistance Act for Military Personnel),

- the Law of 24 April 1997 (Netherlands Official Gazette 1997, 176) on insurance against the financial consequences of long-term incapacity for work and the rules on maternity benefits for self-employed persons, members of the professions and co-employed spouses (Self-employed Persons Disability Benefits Act).

(c) Unemployment benefits:

- the Law of 6 November 1986 (Netherlands Official Gazette 1986, 566) on the insurance of employees against the financial consequences of unemployment (Unemployment Insurance Act),

- the Law of 6 November 1986 (Netherlands Official Gazette 1986, 565) on income provisions for elderly or partially disabled unemployed persons whose entitlement to benefits under the Unemployment Insurance Act has ceased (Act on income provisions for elderly or partially disabled unemployed persons), in the version currently in force,

- the Law of 11 June 1987 (Netherlands Official Gazette 1987, 281) on income provisions for elderly or partially disabled, formerly self-employed persons whose income consistently falls below the subsistence level and who have therefore given up their business or profession (Act on income provisions for elderly or partially disabled, formerly self-employed persons), in the version currently in force.

(d) Supplementary benefits to those under (a), (b) and (c) as regards the Unemployment Insurance Act:

- the Law of 6 November 1986 (Netherlands Official Gazette 1986, 562) on the granting of benefits to supplement the relevant subsistence income of persons eligible under the Unemployment Insurance Act, the Sickness Benefits Act, the Self-employed Persons Disability Act (WAZ), the Disability Benefits Act and the Disability Assistance Act for Military Personnel (Supplementary Benefits Act).

(e) Old-age and survivors' benefits:

- the Law of 31 May 1956 ((WAZ), 1956, 281) on general insurance for old age (Old Age Pensions Act - AOW), as amended since,

- the Law of 21 December 1995 (Netherlands Official Gazette 1995, 690) on insurance for surviving relatives (General Surviving Relative Act - ANW),

- the pension rules for the general miners' fund for the Limburg coalmines (General Miners Fund).

(f) Family benefits:

- the Law of 26 April 1962 (Netherlands Official Gazette 1962, 160) laying down legal provisions on a compulsory general child benefit scheme covering the whole population (General Child Benefit Act - AKW), as amended since.

(b) Minimum benefits referred to in Article 50 of the Regulation

None.

(c) Benefits referred to in Article 77 of the Regulation

- child benefits under the Law of 26 April 1962 (General Child Benefit Act - AKW).

(d) Benefits referred to in Article 78 of the Regulation

- orphans' pensions under the Law of 21 December 1995 (General Surviving Relatives Act - ANW),

- child benefits under the Law of 26 April 1962 (General Child Benefit Act - AKW) for persons receiving surviving relatives' pensions.