social security - FOD Sociale Zekerheid

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If a person does not meet the conditions of his/her age group, but rather the conditions of anolder age group, the conditions are also considered as met. From the age of 36, it is still possible,under certain conditions, to take into account the working days or the assimilated working daysfrom the 10 years preceding the reference period.The reference period mentioned in the table can be extended for several reasons (e.g. in case ofa self-employed activity, force majeure, career interruption or time credit). Assimilated workingdays are e.g.: sickness days compensated by the sickness and invalidity insurance, days coveredby holiday allowances, days of strike, the period covered by damages for breach of contract etc.Work performed abroad can, under certain conditions, also be taken into account for thecalculation of the number of working days as a salaried worker to be proved in the abovementionedreference period.Persons who voluntarily did part-time work have to prove the same number of half-time workingdays in the above-mentioned reference period, extended with six months. There are exceptionswhere the voluntary part-time worker is assimilated with a full-time worker.In order to be entitled to unemployment benefits, some specific granting conditions have to bemet as well. We list them right below.1) The person is not allowed to receive any salaryA worker who still receives notice compensation or a compensation for breach of contract fromhis former employer cannot obtain unemployment benefits during the period covered by thiscompensation. The worker cannot receive benefits for the vacation days covered by a vacationfee either.2) The person is not allowed to perform workAn unemployed person may only work for is own account within the limits of the normalmanagement of his own property and his work may not qualify for the economic traffic of goodsand services. An unemployed person should neither do any labour providing him with a wageor any other material advantage for him or his family. For instance, he cannot build his ownhouse. Work performed on behalf of others is presumed to be remunerated, unless the personconcerned is able to prove the contrary. A voluntary activity (e.g. performed on behalf of a privateperson or an association) can be authorized if a prior request is made. Provided that they areofficially declared beforehand, some incidental activities may be authorized too, if they havebeen performed at least three months before the application for unemployment benefits andduring a salaried occupation. Furthermore, these incidental activities have to take place outsidethe normal working hours (before 07.00 a.m. and after 18.00 p.m.) and some activities are totallyexcluded (hotel and catering business, insurance business, …).3) The unemployment must be independent of the person’s willIn most cases, persons who caused their unemployment themselves can only obtain allowancesafter a period of exclusion.28
4) The person must be available for the labour marketThis means that the unemployed person has to be registered as a jobseeker with the VDAB(Flemish Region), the FOREM (Walloon Region), ACTIRIS (Brussels Region) or the ADG (Germanspeaking Community) and that the person has to accept every job considered as appropriate.This also means that the person has to seek for a job actively. Since 2004, the behaviour of theperson as a jobseeker is followed-up on a systematic base and those who do not actively seekfor a job may be sanctioned. This follow-up procedure has replaced the system of suspension ofunemployment benefits on the basis of long-term unemployment.5) The person must be fit for workThe person must be fit for work. If the person concerned is not fit for work, sickness or invalidityallowances can be granted.6) The person must reside in BelgiumIn order to receive benefits, the person must usually and effectively reside in Belgium. However,from the age of 60 onwards, older unemployed persons who have the maximal exemption canreside abroad on a temporary basis, provided that they keep their main residence in Belgium (andthus live their for most of the year).7) As far as age is concernedA young worker may not receive benefits as long as he is subject to full or partial compulsoryschool attendance, except in the case of temporary unemployment.An unemployed who has reached the legal pension age (65 for both men and women) is nolonger entitled to unemployment benefits, starting from the 1st day of the month following themonth in which he has reached that age.There are a lot of exceptions to these conditions. Some of these have already been mentioned.For instance, early retirees do not have to hold a control card, they can keep the allowances incase of incapacity for work. Under certain conditions, they are also allowed to exercise a nonprofitactivity for their own account (e.g. rebuild their own house) or to start an additional jobduring the early retirement period. Under certain conditions, older unemployed persons can alsobe exempted from these conditions.B. Benefits1) Unemployment after a full-time employmentIn case of full unemployment, a full-time employee can receive unemployment benefits for allweekdays, except for Sundays.A full-time position requires two conditions to be met: the normal contractual labour timecorresponds to the maximum weekly labour time in the company and the salary corresponds tothe wages for a full working week.29
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 22 and 23: In the salaried persons' scheme, ev
Page 24 and 25: holidays and for children receiving
Page 26 and 27: 4) Social supplementsThose entitled
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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