Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Netherlands (Ratification: 1969)

The Committee notes the information supplied by the Government in its report as well as in the twenty-ninth report on the application of the European Code of Social Security. It also notes the publication of the Ministry of Social Affairs and Employment which contains a brief analysis of social security in the Netherlands. The Committee would like to receive additional information on the following points:

1. Part II (Invalidity benefit) of the Convention. (a) Article 8. The Committee notes that, under section 18, paragraph 1, of the Disablement Benefits Act (WAO), as amended by the Acts of 26 February 1992 and 7 July 1993, a person is considered to be either totally or partially disabled if, as a direct result of illness or infirmity objectively and medically established, he/she is either totally or partially unable to earn, through work, what a healthy person with similar training and experience normally earns through work at the place where he/she performs or last performed work, or in the surrounding area. In addition, paragraph 5 of the same section states that the term "work" is understood to mean all generally accepted work which the worker is in a position to perform by virtue of his/her strengths and abilities. The Committee would like the Government to provide details of how section 18 of the WAO is applied in practice and to supply the text of any regulatory or administrative provisions defining its scope.

(b) Articles 10 and 11 (in conjunction with Part V (Standards to be complied with by periodical payments)). The Committee notes that, except in the case where the transitional provisions apply, the disability benefit which takes into consideration the degree of incapacity is provided in two phases. In the first phase the benefit depends on the beneficiary's previous earnings, as under the former legislation. But the duration of the provision of the benefit during this first phase will depend on the worker's age at the onset of the contingency and will vary by six months to six years, it being understood that workers under 33 years of age at the onset of the contingency are not entitled to this initial benefit. Upon expiry of this first phase, the beneficiary is entitled to an amount equivalent to the minimum wage plus an additional amount which will be equal to 2 per cent of the difference between the beneficiary's last wage and the minimum wage multiplied by the number of years between age 15 and the age of the beneficiary at the onset of the contingency. The benefit will be paid up to the age of 65 years.

The Committee would like the Government to be asked to provide statistical information, as required by the report form, on the level of benefits provided in the event of permanent disability, particularly with regard to benefits paid during the second phase.

2. Part IV (Survivors' benefit). The Committee notes from the publication of the Ministry of Social Affairs and Employment, supplied by the Government, that a new survivors' benefit scheme (General Survivors Act) came into force on 1 July 1996. It would like the Government to provide detailed information in its next report on the implementation of this reform in the light of the relevant provisions of the Convention, stating in particular the manner in which any conditions relating to income which might affect entitlement to survivors' benefit are defined.

3. Part V (Standards to be complied with by periodical payments). Article 29. The Committee notes under the law on the indexation of minimum wages and allowances (WKA), which came into force on 1 January 1992, indexation may be suspended in cases where circumstances so require. It has noted in relation to the application of the European Code of Social Security, the Government's statement that, as from 1 January 1996, social security benefits will, as in the past, once again be fully adjusted to the wage index. The Committee would like the Government to indicate in its next report whether the indexation of benefits has been re-established as from 1 January 1996, in accordance with the Government's earlier assurances, and to supply statistics for the reference period, as required by the report form under Article 29 of the Convention.

4. Lastly, the Committee notes that in the last few years, there have been very many amendments to the social security legislation. In order to facilitate its examination of these reforms, the Committee would like the Government to provide the consolidated texts in Dutch - incorporating all amendments - of the various social security laws in force in the Netherlands, when such a consolidation exists.