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
Date: 2000-11-07
Institutions: Netherlands
Subjects: Community migration, Netherlands, dependant, self-employment, social security, wage earner

7.11.2000

EN

Official Journal of the European Communities

C 318/1

I

(Information)

COUNCIL

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:

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

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 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 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.

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

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).

long-term incapacity for work for

The WAZ is a compulsory insurance against
the financial
self-
consequences of
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
income, an additional payment may be
subsistence-level
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:

(cid:151) is disabled on the day on which he becomes 17, or

(a) Sickness and maternity benefits:

add (cid:145)the Law of 24 April 1997 (Netherlands Official
Gazette 1997, 176) on insurance against the financial
long-term incapacity for work and
consequences of
the rules on maternity benefits
self-employed
persons, members of the professions and co-employed
spouses (Self-employed Persons Disability Benefits Act)(cid:146).

for

(b) Invalidity benefits:

(cid:145)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)(cid:146) to be replaced by (cid:145)the Law of 24 April 1997
(Netherlands Official Gazette 1997, 176) on insurance
against the financial consequences of
long-term inca-
pacity for work and the rules on maternity benefits
for self-employed persons, members of the professions
and
Persons
co-employed
Disability Benefits Act)(cid:146).

(Self-employed

spouses

(cid:151) becomes disabled after
least

studying for at
preceding year.

that date and who has been
immediate
in the
six months

(cid:145)AAW(cid:146) to be replaced by (cid:145)WAZ(cid:146).

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

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Official Journal of the European Communities

7.11.2000

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

(b) Invalidity benefits:

(cid:145)the Law of 9 April 1959 (Netherlands Official Gazette
1959, 139) on general widows’ and orphans’ insurance
(AWW), as amended since(cid:146) to be replaced by (cid:145)the Law of
21 December 1995 (Netherlands Official Gazette 1995,
690) on the rules governing insurance for survivors
(Surviving Relatives Act (cid:151) ANW)(cid:146).

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

(cid:145)orphan’s pensions in accordance with the Law of 9 April
1959 (AWW)(cid:146)
to be replaced by (cid:145)orphan’s pensions in
accordance with the Law of 21 December 1995 (ANW)(cid:146);
(cid:145)children’s allowances in accordance with the Law of 26
receiving a widow’s
for persons
April 1962 (AKW)
in
pension(cid:146)
to be replaced by (cid:145)children’s allowances
accordance with the Law of 26 April 1962 (AKW)
for
persons receiving a survivor’s pension(cid:146).

(cid:151) the Law of 18 February 1966 (Netherlands Official
Gazette 1966, 84) on disability benefits (Disability
Benefits Act), as amended since,

(cid:151) 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),

(cid:151) the Law of 24 April 1997 (Netherlands Official
Gazette 1997, 176) on insurance
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
Persons
spouses
Disability Benefits Act).

(Self-employed

against

The complete list thus reads as follows:

(c) Unemployment benefits:

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

Regulation

(a) Sickness and maternity benefits:

(cid:151) the Law of 5 June 1913 (Netherlands Official Gazette
1913, 204) on workers’ health insurance (Sickness
Benefits Act), as amended since,

(cid:151) the Law of 24 April 1997 (Netherlands Official
Gazette 1997, 176) on insurance
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
Persons
spouses
Disability Benefits Act),

(Self-employed

against

(cid:151) the Law of 15 October 1964 (Netherlands Official
Gazette 1964, 392) on the rules applying to health
insurance (Health Insurance Act),

(cid:151) the Law of 14 December 1967 (Netherlands Official
insurance against
(General Act on

Gazette 1967, 655) on general
expenses
exceptional medical
Exceptional Medical Expenses),

(cid:151) 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).

(cid:151) 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),

(cid:151) 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
unemployed
persons), in the version currently in force,

partially

disabled

elderly

or

(cid:151) 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
disabled,
formerly self-employed persons),
in the version
currently in force.

partially

elderly

for

or

(d) Supplementary benefits to those under (a), (b) and (c) as

regards the Unemployment Insurance Act:

eligible

the relevant
under

(cid:151) the Law of 6 November 1986 (Netherlands Official
Gazette 1986, 562) on the granting of benefits to
subsistence income of
supplement
Unemployment
persons
Insurance Act, the Sickness Benefits Act, the Self-
employed
the
Disability Benefits Act and the Disability Assistance
Act for Military Personnel (Supplementary Benefits
Act).

Persons Disability Act

(WAZ),

the

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C 318/3

(e) Old-age and survivors’ benefits:

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

(cid:151) the Law of 31 May 1956 ((WAZ), 1956, 281) on
general insurance for old age (Old Age Pensions Act
(cid:151) AOW), as amended since,

None.

(cid:151) the Law of 21 December 1995 (Netherlands Official
Gazette 1995, 690) on insurance for
surviving
relatives (General Surviving Relative Act (cid:151) ANW),

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

(cid:151) child benefits under the Law of 26 April 1962 (General

Child Benefit Act (cid:151) AKW).

(cid:151) the pension rules for the general miners’ fund for
the Limburg coalmines (General Miners Fund).

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

(f) Family benefits:

(cid:151) the Law of 26 April 1962 (Netherlands Official
laying down legal provisions
Gazette 1962, 160)
on a compulsory general child benefit
scheme
covering the whole population (General Child
Benefit Act (cid:151) AKW), as amended since.

(cid:151) orphans’ pensions under the Law of 21 December 1995

(General Surviving Relatives Act (cid:151) ANW),

(cid:151) child benefits under the Law of 26 April 1962 (General
receiving

for persons

Child Benefit Act (cid:151) AKW)
surviving relatives’ pensions.