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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Indonesië inzake de betaling van Nederlandse socialeverzekeringsuitkeringen in Indonesië | BWBV0001431 | verdrag | geldend | 2014-07-01 | https://wetten.overheid.nl/BWBV0001431 | Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Indonesië inzake de betaling van Nederlandse socialeverzekeringsuitkeringen in Indonesië |
Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Indonesië inzake de betaling van Nederlandse socialeverzekeringsuitkeringen in Indonesië
Artikel 1
The payment of Dutch statutory social insurance benefits shall cover:
a) a) the Sickness Benefits; b) b) the Disablement Benefits; c) c) the Self-employed Persons Disablement Benefits; d) d) the General Old Age Pensions; e) e) the General Surviving Relatives Benefits; f) f) the General Child Benefits.
Artikel 2
This Agreement shall apply to beneficiaries as well as to the members of their families insofar as they live or reside in Indonesia.
Artikel 3
Beneficiary means every person who is entitled to a benefit or a pension under the Dutch legislation relating to social insurance benefits referred to under Article 1 of this Agreement.
Artikel 4
Any provision of the Dutch legislation which restricts payment of benefits solely because the beneficiary or the member of his family resides outside or is absent from the Netherlands shall not be applicable to beneficiaries or their family members who live or reside in Indonesia.
Artikel 5
1. The competent authority in Indonesia is the Coordinating Minister for People's Welfare and Poverty Alleviation, who will coordinate the other competent institutions which include the tax authorities, population registers, marriage registers, employment agencies, agencies having available medical information on beneficiaries, and schools.
2. The competent authority in the Netherlands is the Minister of Social Affairs and Employment, and the competent institutions are every institution being responsible for the administration of the legislation of the Dutch social insurance benefits referred to under Article 1 of this Agreement.
Artikel 6
In order to determine the entitlement to benefit and legitimacy of payments under the Dutch social insurance schemes, the beneficiary shall provide a proof of identity issued by the Indonesian competent authority.
Artikel 7
1. The Dutch competent institutions may request the Indonesian competent authority to verify the identification of the beneficiary or his family members and to provide information on address, work, education, income, family situation, ability for work or medical condition of the applicant or the beneficiary and, if any, his family members and other relevant documents for processing the application or paying the benefits further. Such verification and information will be provided by the Indonesian competent authority upon receipt of initial information from the Dutch competent authority.
2. The Dutch competent institutions or, on their request, the Dutch diplomatic and consular representatives, may contact the beneficiaries or their representatives and the Indonesian competent institutions directly in order to determine entitlement to benefits and legitimacy of payments, provided that such contacts be communicated to the Indonesian competent authority.
Artikel 8
The Indonesian competent institutions meet the request referred to in Article 7 by verifying the identity of the beneficiary and sending copies of the verified documents to the Dutch competent institutions. All expenses and costs for the verification of identification or other required data and medical reports shall be borne by the Dutch competent institutions.
Artikel 9
1. The Dutch competent institutions shall use the medical reports and the administrative data provided by the Indonesian competent authority and institutions in order to determine the degree of disability for work of the beneficiary. The Dutch competent institutions are entitled to have the claimant or beneficiary examined by a doctor of their own choice or to summon the person involved to undergo a medical examination in the Netherlands.
2. The person concerned is obliged to comply with a request to undergo a medical examination in Indonesia or in the Netherlands. If for medical reason the person concerned is unable to travel to the Netherlands where he/she has been summoned by the Dutch competent institution, the person shall inform that institution immediately and then submit a medical statement issued by a doctor designated for this purpose by the Dutch competent institution. This statement shall include the medical reasons for his or her unfitness for travelling as well as the expected duration of this unfitness.
3. The costs of the examination including the expenses for travel and accommodation in the Netherlands shall be borne by the Dutch competent institution.
Artikel 10
1. Any enforceable court decisions or decrees by the Dutch competent institutions or authorities regarding the recovery of undue social insurance payments shall be recognized by the Indonesian competent authority.
2. Recognition may be refused if it is contrary to the public order of Indonesia where the decision or decree should be enforced.
Artikel 11
1. The Dutch competent institutions may refuse to pay, suspend or withdraw a benefit if, in their judgement, the applicant or beneficiary fails to fulfil the requirements of submitting the relevant information and examination provided for in this Agreement.
2. The Dutch competent institutions may refuse to pay or suspend a benefit if the applicant or beneficiary or an Indonesian institution does not provide the requested information within a period of six weeks counted from the date of the request.
Artikel 12
The Government of Indonesia shall not be liable for any claim of the unpaid benefits of the Dutch social insurance provided for in this Agreement.
Artikel 13
Any difference between Parties concerning the interpretation of the present Agreement shall be settled amicably through consultation.
Artikel 14
Either Party may request in writing a modification or amendment of any part of the present Agreement. Any modification or amendment which has been agreed upon by the Parties shall enter into force on the date as will be determined by the Parties.
Artikel 15
This Agreement shall be provisionally applied from the thirtieth day following the date of signing and it shall enter into force definitely on the first day of the third month after the date of the last notification that respective constitutional or legal procedures required for the entry into force of this Agreement have been fulfilled, on the understanding that Article 4 shall enter into force with retroactive effect to 1 January 2000.
Artikel 16
This Agreement shall remain in force indefinitely unless either party denounces it any time. In the event of the denunciation, this Agreement shall remain in force until the end of the calendar year following the year in which the denunciation has been done.