Chapter XI: Guaranteeing sufficient
resources Chapter XI: Guaranteeing sufficient
resources
1. General Non-Contributory Minimum
DesignationMinimum de Moyens d'Existence (Minimex).
Applicable
statutory basisLaw of 7 August 1974 instituting the right to minimum means of existence.
GoalTo assure a minimum income to persons not disposing of sufficient resources and who are unable to procure them by personal effort or other means.
Legal qualificationSubjective right, non-discretionary.
PrincipleDifferential amount.
Entitled personsSpouses living in the same accommodation or the individual.
General conditionsUnlimited.
Nationals; persons benefiting from EEC Rule 1612/68; stateless persons, refugees and those of undetermined nationality.
Residing effectively in the country.
With effect from 18 years of age (civil majority), with three exceptions: the minors emancipated by marriage, single persons looking after (a) child(ren) and pregnant minors.
Prove willingness to work; unless impossible for equity or health reasons. In the case of spouses, both must prove this willingness to work.
Assert one's rights, if any, to social allowances to which claim may be laid by virtue of Belgian or foreign social legislation. The "minimex" is a residual right.
The person concerned may be asked to assert his/her rights with regard to persons obliged to pay maintenance.
A beneficiary, under the age of 25, must have signed and fulfilled the terms of a contract relating to an individual social integration plan within three months of the initial claim, unless this is impossible for health or equity reasons (the contract stipulates the form of progressive integration, the content of the guidance, and details of possible training courses or employment).
Guaranteed MinimumThere is no reference to the average income, to the average household budget or to the legal minimal salary to establish the basic amount of minimal means. The initial amounts are those who have been fixed as the guaranteed revenue for old-aged people.
At the national level.
No regional differentiation.
The spouses concerned,
the person only living together with an unmarried minor who is a dependant or with several children of whom at least one is an unmarried minor and a dependant.
the person cohabiting or
the person living alone.
All resources, of whatever nature or origin whatsoever, including all allocations paid by virtue of Belgian or foreign social regulations.
Exceptions: family allowances in favour of minor or children of age; the amount, determined by the king, of cadastral income from property of which the person concerned is the proprietor or the usufructuary; social assistance granted by public social assistance centres (CPAS); study allowances granted to the interested person for the benefit of himself or his dependant children, donations (in certain cases); the maintenance allowance received for the benefit of minor single children dependent on the concerned person and advances on maintenance payments made for unmarried minors, captivity pensions and war pensions, as pensions relating to national orders in the event of a war; allowances paid in connection with activities implemented within the framework of the local employment agencies (A.L.E.);moving, relocation and rent subsidies and allowances granted by the Regions.
Guaranteed amountsSpouses living under the same roof.
Person living alone either with a dependant unmarried minor child, or with several children among which there is at least one minor, unmarried and dependant.
Person living alone.
Any other person cohabiting with one or more persons, whether parents, relatives or not.
New specific amounts of basic welfare benefit [minimex] have been set when the beneficiary of the basic welfare benefit works in a back-to-work programme as part of specific occupational reintegration measures. The amounts take precedence and are dispensatory for the amounts fixed for the categories; they cover a part of the employer's salary. If the resources of the person concerned are still less than the basic welfare benefit to which he is entitled, a supplement to the general basic welfare benefit is granted in order to reach the basic welfare benefit established for his category.
Guaranteed family benefits are granted in addition to the minimum.
Monthly amounts without family allowances which may differ depending on the allottee or the beneficiary:
Person living alone: BEF 20,916 (EUR 518)
Couple with or without children: BEF 27,888 (EUR 691)
Single parent family: BEF 27,888 (EUR 691)
Cohabitant: BEF 13,944 (EUR 346)
Monthly amounts including family allowances:
Couple with one child (10 years): BEF 32,912 (EUR 816)
Couple with 2 children (8, 12 years): BEF 40,209 (EUR 997)
Couple with three children (8-10-12 years): BEF 48,775 (EUR 1,209)
Single parent with one child (10 years): BEF 32,912 (EUR 816)
Single parent family with 2 children (8, 10 years): BEF 38,713 (EUR 960)
Specific amounts of basic welfare benefit (minimex, see above) per calendar month for beneficiaries working in a back-to-work programme as part of specific occupational reintegration measures :
BEF 6,000 (EUR 149) for insured persons with a half-time contract for first-time working experience;
BEF 10,000 (EUR 248) for insured persons with an employment contract under a vocational transition programme where the work schedule is at least half time or BEF 12,000 (EUR 297) if the work schedule includes at least 3/4 of full-time schedule; increased by BEF 2,000 (EUR 50) if they have already worked through a local employment agency (A.L.E.);
BEF 17,500 (EUR 434) for insured persons with an employment contract for a job recognised by the director of the O.N.E.M. unemployment office, providing for a work schedule of at least half time or BEF 22,000 (EUR 545) with a work schedule of at least 4/5 time;
BEF 6,000 (EUR 149) for insured persons with a contract providing for a work schedule of at least half time, for which the employer is entitled to exemption from employer's contributions.
These amounts of basic welfare benefit are, however, limited to the net salary to which the insured person is entitled for the calendar month in question.
If the insured person's income is still lower than the basic welfare benefit to which he is entitled, a supplement to the general basic welfare benefit is granted to bring it up to the level established for his category.
Spouses living in the same accommodation or single persons with dependent children: 100% (basis rate).
Single person without dependent children: 75% of the basis rate.
Companion: 50% of the basis rate.
Rate for married couples 1 child (incl. guaranteed family allowances, average age supplement: 12 years): + 19.8%.
Rate for married couples, 2 children (incl. guaranteed family allowances, average age supplement: 12 years): + 45.96%.
Rate for married couples, 3 children (incl. guaranteed family allowances, average age supplement: 12 years): + 78.45% of the basic rate.
RecoveryWhen a person disposes of resources by virtue of right possessed during the period in which the allowances were granted: from the beneficiary to an amount equal to the amount which should have been taken into account.
At the cost of the beneficiary in the event of voluntary omission or material error.
Party responsible for accidents or sickness entailing the payment of the Minimex.
From certain persons obliged to pay maintenance.
IndexationAutomatic readjustment of 2% of the allowance occurs when the consumer price index varies by 2% in relation to the previous pivot index. Moreover, the king can vary the basic amounts.
Measures stimulating
social and professional integrationIn the event of employment or of professional training during a maximum of 3 years (continuous period) for calculation of the Minimex, the revenues resulting from this integration are taken into account only after deduction of an indexed fixed monthly amount of BEF 7,030 (EUR 174).
Total immunity of benefits drawn within the framework of the local employment offices.
Associated rightsFree voluntary sickness insurance.
None.
Number of
beneficiaries83,495 (1st January 1998).
CostsBEF 10,016 million (EUR 248.29 million) (1998).
2. Specific Non-Contributory Minima
I.Old ageGuaranteed income for the elderly (Revenu garanti aux personnes âgées), law of 1st April, 1969.
To institute a guaranteed minimum income for all elderly persons.
Belgians, persons covered by EEC regulation no. 1408/71, stateless persons, refugees, nationals of a country with which Belgium has signed a reciprocal agreement and anyone with a right to a pension deriving from employment or self-employment in Belgium.
Must be aged 61 (women) or 65 (men) or over and actually resident in Belgium. Resources must be below a certain ceiling.
Single:
BEF 250,996 (EUR 6,222) per year.
Married couple:
BEF 334,657 (EUR 8,296) per year.
Automatic revaluation by 2% when the consumer price index varies by 2%.
Resources of pensioner and spouse are taken into account.
102,000 (in 1997).
100% State.
II.InvalidityHandicapped persons' allowances:
Income replacement allowance (allocation de remplacement de revenus).
Integration allowance (allocation d'intégration)
Allowance to assist the elderly (allocation pour l'aide aux personnes âgées).
Compensatory allowances from the state, by means of which the public authorities want to guarantee a protection to handicapped persons who do not have sufficient income and are not able to work for their living.
Any handicapped person who meets the entitlement requirements.
Handicapped persons aged between 21 and 65 (income replacement allowance and integration allowance) or over 65 (allowance to assist the elderly), whose resources are below a certain ceiling; not payable in conjunction with certain other allowances; also certain health, nationality and residence requirements.
Income replacement allowance (allocation de remplacement de revenus):
beneficiary living with a partner: BEF 167,343 (EUR 4,148)
single beneficiary: BEF 250,993 (EUR 6,222)
beneficiary with dependants: BEF 334,660 (EUR 8,296)
Integration allowance (allocation d'intégration), depending on classification of lack of independence:
BEF 34,433 (EUR 854)
BEF 117,335 (EUR 2,909)
BEF 127,486 (EUR 3,160)
BEF 273,144 (EUR 6,771)
Assistance to the elderly allowance (allocation pour l'aide aux personnes âgées), depending on classification of lack of independence:
BEF 112,317 (EUR 2,784)
BEF 136,559 (EUR 3,385)
BEF 160,795 (EUR 3,986)
BEF 197,513 (EUR 4,896).
Income of the beneficiary and spouse; family situation; medical report.
202,539 (01.11.1998).
100% State.
III. UnemploymentNo special scheme of a non-contributory minimum.
Covered by the unemployment insurance (see Table X "Unemployment") or by the general scheme for guaranteeing resources (see above).
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
No special scheme.
IV.
Singleparent familiesAdvance on the payment due in alimony (avance sur le terme de la pension alimentaire) (law of 8th May, 1989).
Partial solution to the problem of the non-payment of alimonies for children. Aims to help those affected and to reinstate regular payment. The advance is variable and paid by the Public Centres for Social Assistance (CPAS), which also have the task of recovering the maintenance payment due.
Children entitled to, but not receiving alimony payments. Subjective right.
Conditions relating to the child: resident in Belgium; minor or under 25 if benefiting from family allowances.
Conditions relating to the alimony debtor: alimony can be claimed from the father or the mother, or the person against whom the child has successfully brought a non-declaratory paternity case.
Conditions of resources: The annual resources of the child plus (in certain cases) those of the parent who is not owing the maintenance may not BEF 421,812 (EUR 10,456). As from 1 April 1998, this amount of maximum resources may be exceeded by less than 15%.
The equivalent of the alimony payment due, but no more than BEF 5,000 (EUR 124) per month. In the event that an instalment of the alimony has been partially paid, the advance will make up the difference between the amount due - to a maximum of BEF 5,000 (EUR 124) - and the amount actually received. Should the maximum amount of resources be exceeded by less than 15%, entitlement to the previous terms is maintained but will be reduced by the same percentage as that by which the resources are exceeded.
No advance will be awarded for less than BEF 400 (EUR 9.92) per month.
Amount of alimony or maintenance due. Between BEF 400 (EUR 9,92) and BEF 5,000 (EUR 124) per month.
January 1998: 4,510.
90% of the unrepaid advance will be assumed by the State. 10% is assumed by the Public Centre for Social Assistance (C.P.A.S).
V.Other
specific non contributory minimaGuaranteed family benefits, subject to income conditions and age restrictions:
A. Children not benefiting under any other scheme:
Basic amount:
1st child:BEF 2,706 (EUR 67)
2nd child: BEF 5,007 (EUR 124)
3rd child: BEF 7,476 (EUR 185)
Supplement:
1st child:BEF 1,378 (EUR 34)
2nd child: BEF 854 (EUR 21)
3rd child:BEF 150 (EUR 3.72)
Age supplement:
aged 6 to 12 years:BEF 940 (EUR 23);
aged 12 to 18 years:BEF 1,436 (EUR 36);
aged 18 or more:BEF 1,756 (EUR 44);
B. Children already benefiting under another scheme:
1st child:BEF 788 (EUR 20)
2nd child: BEF 5,007 (EUR 124)
3rd child: BEF 7,476 (EUR 185)
Age supplement (not applicable to single child or the last-born child):
aged 6 to 12 years:BEF 940 (EUR 23)
aged 12 to 18 years:BEF 1,436 (EUR 36)
aged 18 or more:
for the eldest of a group:BEF 1,515 (EUR 38)
for the other children:BEF 1,756 (EUR 44)
The amounts listed are reduced in proportion to the family income.
Public Centres for Social Assistance (CPAS): additional benefits possible.
3. Minima in Contributory Schemes
I.Old ageGuaranteed Minimum Pension (Minimum garanti de pension), Art. 152 of the law of 8 August 1980 and Art. 33 of the law of 20 February 1981.
To ensure that a retirement pension for a complete working life or at least the equivalent of 2/3 of a complete career (men: 45 years, women 41 years) does not fall below a set minimum.
See Table VI.
At retirement age.
Complete career (certain periods not taken into account) or at least equal to 2/3 of a complete career.
Single person:
BEF 339,960 (EUR 8,427) per year.
Household:
BEF 424,828 (EUR 10,531) per year.
In cases of incomplete career, amount proportional to the length of working life.
44,648 (figure on 1.1.1997 and limited to salaried workers with a complete career).
Contributions.
II.SurvivorsMinimum Survivors' Pension (Pension de survie minimale).
See Table VII "Survivors".
To ensure that the pension of a surviving spouse is not less than a set minimum, if the deceased spouse worked for a period equivalent to at least 2/3 of the complete career.
Surviving spouse must have been married to the deceased for at least 1 year (unless there is a child or the death was the result of an accident or occupational disease); must be aged at least 45 (unless looking after a child or invalid); must have stopped any form of unauthorised work.
The deceased spouse worked for a period equivalent to at least 2/3 of a complete career.
BEF 334,252 (EUR 8,286) per year.
In cases of incomplete career, amount proportional to the length of working life of the deceased spouse.
Certain reductions or limitations apply.
17,548 on 1.1.1997 (minimum survivor's pension for complete career).
Pension contributions.
III. InvalidityGuaranteed minimum of the amount of invalidity allowances (indemnité des invalides): see Table V "Invalidity".
See Table V.
See Table V.
See Table V.
See Table V "Invalidity".
Daily amounts of the minimum allowance:
Minimum for regular worker:
With dependants: BEF 1,337 (EUR 33)
Without dependants: Single: BEF 1,070 (EUR 27); Living with a partner: BEF 957 (EUR 24)
Minimum for a non-regular worker:
With dependants: BEF 1,073 (EUR 27);
Without dependants: BEF 804 (EUR 20).
See Table V.
Not available.
Invalidity contributions and State.
IV. UnemploymentDifferent minima of unemployment-insurance allowances, depending on the duration of unemployment and on number of dependants. See Table X.
See Table X.
See Table X.
See Table X.
See Table X.
See Table X.
Not available.
Not available.