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8 DECEMBER 2013. - An Act to amend the Act of 22 March 2001 establishing the guarantee of income to older persons

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 2 of the Act of 22 March 2001 establishing the guarantee of income for older persons, as amended by the Act of 23 December 2005, is supplemented by the 5th and 6th grade, as follows:
"5° legal cohabitant: the person who made a written declaration of legal cohabitation pursuant to article 1475 of the Civil Code;
6th member of the family in the framework of the Euro-Mediterranean Agreements, ratified between the Member States of the European Union and, respectively, Morocco, Algeria and Tunisia: the undivorced spouse or undivorced spouse.".
Art. 3. In section 4 of the Act, amended by the Act of 22 June 2012, the following amendments are made:
1° to paragraph 1^er2° is supplemented by the words "or Regulation (EC) No 883/2004 of the European Parliament and the Council of 29 April 2004 on the coordination of social security systems; ";
2° in the same paragraph, the 4° is supplemented by the words "or beneficiaries of subsidiary protection referred to in Article 49/2 of the same Act of 15 December 1980;"
3° in the same paragraph, insert the 7° as follows:
"7° nationals of a State party to the European Social Charter of the Council of Europe, signed in Turin on 18 October 1961 and approved by the law of 11 July 1990 or the revised European Social Charter of the Council of Europe, signed in Strasbourg on 3 May 1996 and approved by the law of 2 March 2004;"
4° the article is supplemented by a paragraph written as follows:
"Subparagraph 1^er, 4°, this article partially transposes the Directive 2011/95/EU of 13 December 2011 of the European Parliament and of the Council concerning the standards relating to the conditions to be met by third country nationals or stateless persons in order to be able to benefit from international protection, uniform status for refugees or persons eligible for subsidiary protection, and the content of such protection, with regard to beneficiaries of subsidiary protection referred to in Article 15 49/2 of the same Law. ".
Art. 4. Section 6 of the Act is replaced by the following:
"Art. 6. § 1^er. The annual amount of the income guarantee is not more than 4,653.00 euros.
Without prejudice to the application of section 2 of this chapter, this amount is awarded to the interested person who meets the age conditions set out in sections 3 and 17 and shares the same principal residence with one or more other persons.
The same principal residence, the applicant and any other person who usually resides with the applicant in the same place should be shared.
The usual residence is the registration in the registers of the population of the commune of the place of residence.
§ 2. The coefficient 1.50 applies to the amount referred to in subsection 1^er for the recipient who does not share his or her principal residence with one or more other persons and who meets the age conditions set out in sections 3 and 17.
Notwithstanding the registration in the population registers at the same address as the applicant, the following persons are not expected to share the same principal residence as the applicant:
(1) Minor children;
2. Major children for whom family allowances are collected;
3° persons accommodated in the same rest home or the same rest and care home, or the same psychiatric care home as the applicant;
4° Parents or allies in direct descending or ascending line and their legal inhabitants.
§ 3. The coefficient 1.50 applies to the amount referred to in subsection 1^er for the recipient who:
1° has the same principal place of residence as the spouse or legal cohabitant while the spouse has been admitted to a rest home or a rest and care home or to a psychiatric care home and does not have that house as a principal place of residence and provided that the beneficiary does not share that principal residence with one or more persons other than a parent or allied in a direct descending or ascending line and their legal minor children or a resident, or
2° has the same principal place of residence as the spouse or legal cohabitant while that beneficiary has been admitted to a rest home or a rest and care home or to a psychiatric care home and does not have that house as a principal place of residence;
3° has the same principal place of residence as the spouse or legal cohabitant while both the beneficiary and the legal spouse or cohabitant have been admitted to a rest home or a rest and care home or to a psychiatric care home and who do not have that house as a principal place of residence.
§ 4. The King may, by deliberative order in the Council of Ministers, determine on what conditions the provisions of paragraphs 2 and 3 may be extended to other categories of persons it determines.
§ 5. The King may, by order deliberately in the Council of Ministers, increase the amount referred to in paragraph 1^er.
§ 6. The amount referred to in paragraph 1^er is linked to the index 103.14 (base 1996 = 100) and varies according to the provisions of the Act of 2 August 1971 organizing a regime of linking to the index of prices to the consumption of salaries, wages, pensions, allowances and subsidies to the public treasury, certain social benefits, the limits of pay to be taken into account in the calculation of certain social security contributions of workers, as well as the obligations imposed in social matters to independent workers.
§ 7. The amount referred to in paragraph 1^er is adapted every two years. For this purpose, the King determines, by order deliberately in the Council of Ministers, the coefficient of revalorization on the basis of the decision that is taken in respect of the maximum margin for the evolution of the wage cost in execution, either of Article 6, or of Article 7 of the Law of 26 July 1996 on the promotion of employment and the prevention of competitiveness. ".
Art. 5. Section 7 of the Act, as amended by the Act of 9 July 2004, is replaced by the following:
"Art. 7. § 1^er. The income guarantee can only be awarded after consideration of resources and pensions. All resources and pensions, of any kind, of which the individual or spouse or legal cohabitant with whom he or she shares the same principal residence, are taken into consideration in calculating the income guarantee, except as provided by the King.
For the person living in community or sharing the principal residence with other persons, other than the spouse or legal cohabitant, it is only taken into account the resources and pensions that the applicant has personally. When the person is satisfied with the conditions set out in Article 6, § 2, he shall be taken into account, for the purposes of calculating the income guarantee, only the resources and pensions he or she has personally.
The King determines the resources that are not taken into account when establishing the income guarantee.
§ 2. Total resources referred to in paragraph 1^er and pensions shall, after deduction of the immunizations referred to in articles 8 to 10 and 12, be divided by the number of persons whose resources and pensions are, in accordance with paragraph 1^er, taken into consideration, including the interested person. This total is communicated to the interested party.
By derogation from the previous paragraph, the number of minor children of age and major children for whom family allowances are collected, limited, in both cases, to the first degree in relation to the person concerned or to the spouse or legal cohabitant, and provided that they are registered in the population register at the address of the person concerned, is taken to the denominator.
Also included in the denominator, children placed by judicial decision with the person concerned, or his or her spouse or legal cohabitant, for whom family allowances are collected and who are registered in the register of the population at the address of the person concerned.
The result of this calculation is, after deduction of the immunization referred to in Article 11, deducted from the annual amount referred to in Article 6, §§ 1^er, 2 or 3, as applicable.
§ 3. The King shall determine under what circumstances and under what conditions the amount referred to in Article 6, § 1^er, is converted without a new review of resources in the amount referred to in Article 6, §§ 2 or 3.
§ 4. For the application of § 1^er, paragraph 2, the King determines, by order deliberately in the Council of Ministers, what is to be heard by "person living in community".
Art. 6. In sections 8, 10, 12 and 13 of the same law, the words "persons with" are replaced by the words "spouse or legal cohabitant with".
Art. 7. Section 11 of the Act is replaced as follows:
"Art. 11. The guarantee of income is reduced only from that part of the resources that exceeds the amount fixed by the King.
This amount may be different depending on whether it is a beneficiary referred to in Article 6, §§ 1^er, 2, or 3. "
Art. 8. Sections 110 and 111 of the Act of 6 May 2009 on various provisions are repealed.
Art. 9. This Act comes into force on 1^er January 2014, with the exception of Article 3, 2°, which comes into force on December 21, 2013 and with the exception of Article 3, 3°, which comes into force on the date fixed by the King.
Persons in respect of which a decision in respect of income guarantee to older persons was made with effect before 1^er January 2014, retain the amount assigned to them until, on an ex officio or upon request, in accordance with the provisions of Chapter 2, Sections 2 and 3, of the Royal Decree of 23 May 2001 on the General Income Guarantee Regulations to Older Persons, a review decision is made and this is the result of developments that occur no later than 1^er January 2014.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 8 December 2013.
PHILIPPE
By the King:
Minister of Pensions,
A. DE CROO
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives documents: 53-2953 -2012/2013:
Number 1: Bill.
53-2953 - 2013/2014:
No. 2: Amendments. - Number three: Report. - No. 4: Text adopted by the commission. - No. 5: Amendments. - No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 7 November 2013.
Senate documents: 5-2330. - 2013/2014:
No. 1: Project not referred to by the Senate.