Netherlands, the Kingdom of the
03-07-1964
23-05-2003
Summary
Has accepted Branches (a) to (i). The Government declared that the benefits provided
under the Disablement Assistance Act for Handicapped Young Persons of 24 April 1997
and the Supplementary Benefits Act of 6 November 1986 are benefits of the type as
referred to in Article 2, paragraph 6 (a) of the Convention.
Statement:
1. With effect from 1 January 1998 the Government of the Netherlands considers benefits
provided under the Disablement Assistance Act for Handicapped Young Persons (Wet Arbeidsongeschiktheidsvoorziening
Jonggehandicapten) of 24 April 1997 to be benefits of the type as referred to in paragraph
6 (a) of Article 2 of the Equality of Treatment Convention ((Social Security), 1962
(ILO-Convention no. 118).
2. With effect from 1 January 2000 the Government of the Netherlands considers benefits
provided under the Supplementary Benefits Act (Toeslagenwet) of 6 November 1986 to
be benefits of the type as referred to in paragraph 6 (a) of Article 2 of the Equality
of Treatment Convention ((Social Security), 1962 (ILO-Convention no. 118).
Explanation:
The Disablement Assistance Act for Handicapped Young Persons of 24 April 1997, which
entered into force on 1 January 1998, provides for a monthly benefit in cash for people
resident in the Netherlands, who are incapacitated for work when they reach the age
of 17, or who have become disabled since that date and who were students for at least
six months in the year immediately prior to that date. The grant of the benefit does
not depend either on direct financial participation by the persons protected or their
employer, or on a qualifying period of occupational activity.
The Supplementary Benefits Act of 6 November 1986, which entered into force on 1 January
1987, provides for a supplement to a sickness-, invalidity- or unemployment benefit
in case the income of the beneficiary falls below the minimum guaranteed income in
the Netherlands. The grant of the supplement does not depend either on direct financial
participation by the persons protected or their employer, or on a qualifying period
of occupational activity.
On the 1 January 2000 the Export Restrictions on Benefits Act of 27 May 1999 entered
into force. This Act modifies the Supplementary Benefits Act. As of 1 January 2000,
a person who does not reside in the Netherlands is no longer entitled to a supplement
under the Supplementary Benefits Act. This export restriction is based on the fact
that:
1. the supplement under the Supplementary Benefits Act is income tested,
2. the amount of the supplement is related to the minimum guaranteed income in the
Netherlands, and
3. the supplement is financed from taxation.
Non-contributory benefits, in the view of the Netherlands' Government, cannot be
exported.
The Export Restrictions on Benefits Act provided for a transitional period until 1
January 2003. As of that date no supplements under the Supplementary Benefits Act
have in fact been paid. However, the Central Court of Appeal in Utrecht ruled that
supplements should be exported under Article 5, paragraph 1, of the Convention no.
118. For this reason, the Netherlands' Government feels obliged to send this statement.
To avoid that the Central Court of Appeal in Utrecht will give a similar ruling as
regards the benefits under the Disablement Assistance Act for Handicapped Young Persons,
this Act is also included in the statement of the Netherlands' Government.
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