social security - FOD Sociale Zekerheid

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In the salaried persons' scheme, every employer has to join a family benefit fund. If he omitsto do so within 90 days after the start of his activity, he shall automatically be affiliated withthe National Office for Family Benefits for Salaried Persons (RKW - ONAFTS). In some cases, theemployer cannot choose a private family benefit fund, but then the RKW - ONAFTS is the creditinstitution (for instance for staff in the hotel and restaurant sector, artists). The RKW - ONAFTS isalso competent for people who might obtain entitlement to family benefits, even though they arenot longer linked with a labour contract (students and disabled). For the retired, the abandonedspouse, etc., the formerly competent family benefit fund - before they arrived in their situation -is responsible for paying the family benefits. The employer pays the contributions for the familybenefit sector.Self-employed persons join a <strong>social</strong> insurance fund or with the National Institute for the SocialInsurances of Self-employed Persons (RSVZ - INASTI). For widows, widowers and orphans of adeceased self-employed person, the <strong>social</strong> insurance fund the self-employed person was lastaffiliated with shall be responsible for payment.Civil servants of local and provincial administrations receive their family benefits from theRSZPPO - ONSSAPL. For the other categories of civil servants, the administration employingthem, together with the Central Service for Fixed Expenses (CDVU - SCDF) or, in certain cases, theNational Office for Family Benefits for Salaried Persons (RKW - ONAFTS), is responsible for thepayment of family benefits.B. AllotteeThe allottee is the person who receives the family benefits. In the salaried persons' scheme,the family benefits are paid to:1. the mother;2. the person who really takes care of the child's upbringing (can also be an institution);3. the qualifying child itself, if it is married, if it is emancipated, if it is 16 years old and nolonger lives with the person by whom he or she is actually raised or if it is allotee for one ormore children itself. The child can designate his father or mother as allotee (can be importantto determine the children's rank in the family and thus for the amount of the benefits).In the self-employed persons' scheme, family benefits are in the first place paid to the father.If wanted, they can be paid to the mother instead. If the parents divorce, the mother shall havepriority to receive the family benefits.In the civil servants' scheme, family benefits are paid to the mother or the person taking care ofthe child's upbringing.22
C. Qualifying childThe third distinctive person - and the most important, else there cannot be any family benefits - isthe qualifying child. A qualifying child has to meet particular conditions.In the first place, there must be a degree of kinship between the qualifying child and thebeneficiary. This means that you are entitled to family benefits for:- your children;- adopted children or foster children;- grandchildren, great-grandchildren, nephews and nieces;- brothers and sisters (at least if some particular conditions are being met);- children placed in a family and children over whom you exercise parental authority byvirtue of a judicial decision.The qualifying child must always have such a link of kinship with the beneficiary himself, with hisspouse or with the person with whom he forms a household or with whom he legally cohabits.Conditions with regard to education and age are imposed. From a legal point of view, due tothe compulsory school attendance, a child is entitled to family benefits until 31st August of thecalendar year in the course of which it reaches the age of 18. There are many extensions of thisrule.In the civil servants' scheme, until February 2010 child benefits were paid out until the end of themonth in which the child reached the age of 21 (and not until 31 August of the year in which thechild reaches the ages of 18).The child did not have to justify his situation (certificate from school, apprenticeship contract, …),but had to remain dependant of the beneficiary.As from 1 March 2010, every child as to justify its situation in order to remain its entitlement tofamily benefits as from 31 August of the calendar year it reaches the age of 18.You are entitled to family benefits until the age of 25, when you belong to one of the followingcategories:- apprentice boys or girls;- children who go to school or follow a training period for appointment in a function(candidate-bailiff);- students who prepare a paper at the end of their college studies;- during the waiting period, i.e. the period between the diploma and the firstunemployment allowance (you have to be registered as unemployed).A disabled child is always entitled to family benefits until the age of 21.It should be noted that family benefits are not due for children who are raised or educated outsidethe Kingdom.However, this principle is tempered by general measures taken notably for children temporarilystaying outside the Kingdom, when the stay does not exceed 2 months in the course of onecalendar year or six months for health reasons, for children who stay abroad during the school23
Page 1: social securityEverything you have
Page 4 and 5: Table of contentsPreface 3Table of
Page 6 and 7: IntroductionA. The importance of so
Page 8 and 9: at new social categories (e.g.: the
Page 10 and 11: E. The Charter of the socially insu
Page 12 and 13: FinancingThe financing in the three
Page 14 and 15: B. Alternative financingBesides the
Page 16 and 17: Statistics and budgetsIn the course
Page 18 and 19: Budget of the National Institute fo
Page 20 and 21: C. Extension of the salaried person
Page 24 and 25: holidays and for children receiving
Page 26 and 27: 4) Social supplementsThose entitled
Page 28 and 29: If a person does not meet the condi
Page 30: Eligible workers (cf. above) who re
Page 33 and 34: D. Early retired and young people h
Page 35 and 36: B. Retirement pensionsTo obtain a r
Page 37 and 38: B.2. Career“Career years” are y
Page 39 and 40: C. Survivor's pensionsA survivor's
Page 41 and 42: Medical careWhat exactly is medical
Page 43 and 44: - Persons entitled to one of the be
Page 45 and 46: Beneficiaries in a situation of con
Page 47 and 48: Income categories (in €) (2010)Am
Page 49 and 50: For an unemployed person, the amoun
Page 51 and 52: C. Federal civil servantsThe sickne
Page 53 and 54: A.2. Self-employed womenSelf-employ
Page 55 and 56: B.2. Indemnity for loss of incomeNo
Page 57 and 58: E. Civil servantsThe civil servant
Page 59 and 60: There are a few small differences l
Page 61 and 62: Workers in the private sector and a
Page 63 and 64: The social insurance in case of ban
Page 65 and 66: C. Serious illness of a child or pa
Page 67 and 68: B - 1 Multilateral agreementsMultil
Page 69 and 70: C - 2. Granting of the benefitsThes
Page 71 and 72: For the elderly, there is also a th
Page 73 and 74:
What is the right to social integra
Page 75 and 76:
The amount of the integration incom
Page 77 and 78:
D. Guaranteed family benefitsGuaran
Page 79 and 80:
B. Public social security instituti
Page 81 and 82:
F.G.T.B.:Fédération Générale de
Page 84:
© 2011FPS Social SecurityAdministr
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