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social security - FOD Sociale Zekerheid

social security - FOD Sociale Zekerheid

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D. Guaranteed family benefitsGuaranteed family benefits are reserved to children who, on the basis of a Belgian, foreign orinternational scheme, have no entitlement to family benefits at all. Guaranteed family benefitsare reserved for the most needy families. This breaks the link between labour of thebreadwinner and entitlement to family benefits.What do the guaranteed family benefits include? The guaranteed family benefits include thechild benefits, the <strong>social</strong> supplements, the orphan's benefits, the age supplements, the maternityfee, the adoption fee, the lump-sum special allowance for children placed in an institution to theaccount of a public authority and the yearly supplement to the guaranteed family benefits.Who can file the application? Everyone who pays all or the largest part of the costs for a childcan apply for guaranteed family benefits, on the condition that he or she lives in Belgium. If theperson concerned is neither subject to EC regulations regarding <strong>social</strong> <strong>security</strong> nor a stateless, anacknowledged political refugee or a citizen of a State that has ratified the European Social Charteror the (revised) European Social Charter, the applicant must have lived in Belgium for the pastfive years.However, the applicant does not have to fulfil the condition of a previous five-year stay in Belgiumwhen the application is made for a child to whom the EU Regulations with regard to <strong>social</strong><strong>security</strong> apply, who is displaced, who is recognised as political refugee or who is subject of a statethat has ratified the European Social Charter or the Revised European Social Charter.The application must be sent to the National office for family benefits for salaried persons (RKW- ONAFTS).Which are the entitled children? Just like the applicant, the children too must actually reside inBelgium. Exceptionally, the child must have lived in Belgium without interruption for the pastfive years.Like in the other <strong>social</strong> assistance schemes, a means test is carried out. The means of existenceof the person with the dependent child - or his spouse or the person he or she lives together with- should not exceed 3,904.86 EUR per quarter (amount on 1 July 2011).The means of existence are raised with 20% for every beneficiary child starting from the secondchild. Guaranteed family benefits include the maternity fee, the ordinary child's allowance andthe age supplement.The application for guaranteed family benefits and for the maternity fee has to be filed with theNational office for family benefits for salaried persons.The family benefits, increased with the age supplement if applicable, are granted at the earliestas from the month that precedes the date on which the application was filed with one year. Theapplication for the maternity fee has to be filed within one year after the birth of the child.77

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