BWBV0004546
Artikel 74
Europese Code inzake Sociale Zekerheid (herzien)
1. A benefit to which a protected person would otherwise be entitled in compliance with any of Parts II to X of this (revised) Code may be withheld, withdrawn or suspended, to a prescribed extent:
a) where contingency has been caused by a criminal offence committed by the person concerned;
b) where the contingency has been caused by the wilful misconduct of the person concerned;
c) where the person concerned has obtained or sought to obtain the benefit concerned by means of a fraudulent claim;
d) in appropriate cases, where the person concerned neglects to make use of the medical care or rehabilitation services that are available or fails to comply with the rules governing the verification of the existence of the contingency or the conduct of beneficiaries;
e) in the case of unemployment benefit: i) under prescribed conditions where the person concerned has stopped work in order to take part in a labour dispute, or is prevented from working or has lost his job as a direct result of a labour dispute, or has left work of his own volition without just cause;
ii) where the person concerned neglects to make use of the employment services that are available;
i) under prescribed conditions where the person concerned has stopped work in order to take part in a labour dispute, or is prevented from working or has lost his job as a direct result of a labour dispute, or has left work of his own volition without just cause;
ii) where the person concerned neglects to make use of the employment services that are available;
f) for as long as the person concerned is absent from the territory of the Party concerned;
g) for as long as the person concerned is being maintained at public expense, or at the expense of a social security institution or service;
h) for as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which compensation is being paid for the same contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the compensation paid by the third party; a person who fails to receive such other benefit or such compensation through personal fault or negligence may nevereless be deemd to be in receipt thereof;
i) in the case of benefit payable to a surviving spouse, for as long as the surviving spouse cohabits with another person;
j) in the case of invalidity, old-age and survivors' benefit, as long as the person concerned is engaged in gainful activity;
k) in the case of benefit granted without any qualifying period in order to prevent abuse.
2. In the cases and conditions and within the limits prescribed, part of the benefit which would normally have been paid, had the corresponding provisions of the foregoing paragraph not been applied, shall be paid to the dependants of the person concerned unless they enjoy another form of protection.
a) where contingency has been caused by a criminal offence committed by the person concerned;
b) where the contingency has been caused by the wilful misconduct of the person concerned;
c) where the person concerned has obtained or sought to obtain the benefit concerned by means of a fraudulent claim;
d) in appropriate cases, where the person concerned neglects to make use of the medical care or rehabilitation services that are available or fails to comply with the rules governing the verification of the existence of the contingency or the conduct of beneficiaries;
e) in the case of unemployment benefit: i) under prescribed conditions where the person concerned has stopped work in order to take part in a labour dispute, or is prevented from working or has lost his job as a direct result of a labour dispute, or has left work of his own volition without just cause;
ii) where the person concerned neglects to make use of the employment services that are available;
i) under prescribed conditions where the person concerned has stopped work in order to take part in a labour dispute, or is prevented from working or has lost his job as a direct result of a labour dispute, or has left work of his own volition without just cause;
ii) where the person concerned neglects to make use of the employment services that are available;
f) for as long as the person concerned is absent from the territory of the Party concerned;
g) for as long as the person concerned is being maintained at public expense, or at the expense of a social security institution or service;
h) for as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which compensation is being paid for the same contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the compensation paid by the third party; a person who fails to receive such other benefit or such compensation through personal fault or negligence may nevereless be deemd to be in receipt thereof;
i) in the case of benefit payable to a surviving spouse, for as long as the surviving spouse cohabits with another person;
j) in the case of invalidity, old-age and survivors' benefit, as long as the person concerned is engaged in gainful activity;
k) in the case of benefit granted without any qualifying period in order to prevent abuse.
2. In the cases and conditions and within the limits prescribed, part of the benefit which would normally have been paid, had the corresponding provisions of the foregoing paragraph not been applied, shall be paid to the dependants of the person concerned unless they enjoy another form of protection.
- Citeren als
- Art. 74
- Status
- Geldend recht
- Identificatie
- BWBV0004546
- Officiële bron
- wetten.overheid.nl