rijk/verdrag/verdrag-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regering-van/BWBV0001485/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Zuid-Afrika inzake sociale zekerheid	BWBV0001485	verdrag	geldend	2003-01-01	https://wetten.overheid.nl/BWBV0001485	Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Zuid-Afrika inzake sociale zekerheid

Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Zuid-Afrika inzake sociale zekerheid

Artikel 1

1.

For the purpose of this Agreement except where the context indicates otherwise:

– – beneficiary" means a person who applies for or who is entitled to a benefit; – – benefit" means any cash benefit or pension under the legislation; – – legislation" means the legislation relating to the branches of social insurance mentioned under Article 2 a) and the legislation mentioned under Article 2 b); – – member of the family" means a person defined, or recognized as such by the legislation; – – ``territory" means in relation to the:

        a)
        Kingdom of the Netherlands the territory of the Kingdom in Europe; and
      
      
        b)
        Republic of South Africa the territory of the Republic of South Africa.

a) a) Kingdom of the Netherlands the territory of the Kingdom in Europe; and b) b) Republic of South Africa the territory of the Republic of South Africa.

2. Other terms and expressions which are used in this Agreement shall have the meanings respectively assigned to them in the legislation of either Party.

Artikel 2

This Agreement shall apply with respect to the:

a) a) Kingdom of the Netherlands, to the Netherlands' legislation concerning the following branches of social security:

      (i)
      sickness and maternity benefits;
    
    
      (ii)
      disablement benefits for employed persons;
    
    
      (iii)
      disablement benefits for self-employed persons;
    
    
      (iv)
      old age benefits;
    
    
      (v)
      survivors' benefits;
    
    
      (vi)
      child benefits.

(i) (i) sickness and maternity benefits; (ii) (ii) disablement benefits for employed persons; (iii) (iii) disablement benefits for self-employed persons; (iv) (iv) old age benefits; (v) (v) survivors' benefits; (vi) (vi) child benefits. b) b) Republic of South Africa, to the following legislation:

      (i)
      Social Assistance Act 1992 (Act No. 59 of 1992);
    
    
      (ii)
      Labour Relations Act 1995 (Act No. 66 of 1995);
    
    
      (iii)
      Pension Funds Act 1956 (Act No. 24 of 1956);
    
    
      (iv)
      Compensation for Occupational Injuries and Diseases Act 1993 (Act No. 130 of 1993);
    
    
      (v)
      Road Accident Fund Act 1996 (Act No. 56 of 1996);
    
    
      (vi)
      Unemployment Insurance Act 1966 (Act No. 30 of 1966);
    
    
      (vii)
      Basic Conditions of Employment Act 1997 (Act No. 75 of 1997).

(i) (i) Social Assistance Act 1992 (Act No. 59 of 1992); (ii) (ii) Labour Relations Act 1995 (Act No. 66 of 1995); (iii) (iii) Pension Funds Act 1956 (Act No. 24 of 1956); (iv) (iv) Compensation for Occupational Injuries and Diseases Act 1993 (Act No. 130 of 1993); (v) (v) Road Accident Fund Act 1996 (Act No. 56 of 1996); (vi) (vi) Unemployment Insurance Act 1966 (Act No. 30 of 1966); (vii) (vii) Basic Conditions of Employment Act 1997 (Act No. 75 of 1997).

Artikel 3

The competent authorities for the implementation of this Agreement shall be:

a) a) in the case of the Kingdom of the Netherlands the Minister of Social Affairs and Employment of the Netherlands; and b) b) in the case of the Republic of South Africa the Minister of Social Development.

Artikel 4

1.

In the case of the Kingdom of the Netherlands the competent institutions with regard to the branches of social insurance referred to in:

a) a) Article 2 a) (i)-(iii) shall be the Landelijk instituut sociale verzekeringen" (National Institute for Social Insurance) c/o Gak Nederland bv; b) b) Article 2 a) (iv)-(vi) shall be the Sociale Verzekeringsbank" (Social Insurance Bank); or c) c) any body authorized to perform any functions at present exercised by the said institutions.

2.

In the case of the Republic of South Africa the competent institutions to enforce the conditions of this Agreement shall be:

a) a) the national Department of Social Development; b) b) provincial Departments of Welfare; c) c) the Department of Transport; d) d) the Department of Labour; e) e) the National Treasury; or f) f) any body authorized to perform any functions at present exercised by the said institutions.

Artikel 5

Unless otherwise provided, this Agreement shall apply to any beneficiary as well as to members of his/her family as long as they reside in the territory of one of the Parties.

Artikel 6

Unless otherwise provided in this Agreement, the Netherlands' legislation which restricts payment of a benefit solely because the beneficiary or the member of his family resides outside the territory of the Kingdom of the Netherlands, shall not be applicable with respect to beneficiaries or to members of their families who reside in the territory of the Republic of South Africa.

Artikel 7

1. A beneficiary or a member of his or her family shall submit positive proof of identity to the relevant competent institution in the country where he or she resides.

2. The competent institution referred to in paragraph (1) shall inform the relevant competent institution of the other Party that the beneficiary or a member of his or her family has been positively identified and shall submit a copy of the identification document to that competent institution.

3. The beneficiary or member of his or her family shall use a form of identity document accepted by the domestic law of the countries of the respective Parties.

Artikel 8

1.

For the purpose of this Article:

a) a) ``authority" means an organization that is involved in the implementation of this Agreement, and includes inter alia:

        (i)
        the population registers;
      
      
        (ii)
        tax authorities;
      
      
        (iii)
        marriage registers;
      
      
        (iv)
        employment agencies;
      
      
        (v)
        schools and other educational institutes;
      
      
        (vi)
        trade authorities;
      
      
        (vii)
        police;
      
      
        (viii)
        prison services, and
      
      
        (ix)
        immigration offices.

(i) (i) the population registers; (ii) (ii) tax authorities; (iii) (iii) marriage registers; (iv) (iv) employment agencies; (v) (v) schools and other educational institutes; (vi) (vi) trade authorities; (vii) (vii) police; (viii) (viii) prison services, and (ix) (ix) immigration offices. b) b) ``information" means at least information on the beneficiary or the member of his or her family regarding his or her:

        (i)
        identity;
      
      
        (ii)
        address;
      
      
        (iii)
        composition of the household;
      
      
        (iv)
        work;
      
      
        (v)
        education;
      
      
        (vi)
        income;
      
      
        (vii)
        medical condition;
      
      
        (viii)
        decease, and
      
      
        (ix)
        detention.

(i) (i) identity; (ii) (ii) address; (iii) (iii) composition of the household; (iv) (iv) work; (v) (v) education; (vi) (vi) income; (vii) (vii) medical condition; (viii) (viii) decease, and (ix) (ix) detention.

2. Concerning the application for, or the legitimacy of payment of benefits, the competent institution of a Party shall, at the request of the competent institution of the other Party, verify the information regarding the beneficiary or the members of his family. If necessary, this verification is to be carried out by the relevant authorities. The competent institution shall forward a statement of the verification along with authenticated copies of the relevant documents to the competent institution of the other Party.

3. Notwithstanding paragraph 2, the competent institution of a Party shall, without prior request and to the extent possible, inform the competent institution of the other Party of any changes in the information regarding the beneficiary or the member of his family.

4. The competent institutions of the Parties shall contact each other, as well as the beneficiaries, the members of their family, or their representatives, directly.

5. Notwithstanding paragraph (2), the diplomatic or consular representatives and the competent institutions of a Party shall be allowed to contact the relevant authorities of the other Party directly in order to verify entitlement to benefits and legitimacy of payments to the beneficiaries.

6. The relevant authorities shall lend their good offices and act as though implementing their own legislation. The administrative assistance furnished by the relevant authorities shall be free of charge. However, the competent authorities or the competent institutions of the Parties may agree to certain expenses being reimbursed.

Artikel 9

1. In order to determine whether a beneficiary or a member of his or her family is unable to work, the competent institution of a Party may use the medical reports and other information provided by the competent institution of the Party in whose country the beneficiary resides. The first mentioned competent institution may request the beneficiary or the member of his or her family to undergo a medical examination by a doctor of its own choice or a medical examination in its territory.

2. The beneficiary shall comply with any request referred to in paragraph 1 by presenting himself for medical examination. If the beneficiary feels that, for medical reasons, he is unfit to travel to the territory of the other Party, he shall inform the competent institution of that Party immediately. He shall, in that case, submit a medical statement issued by a doctor designated for this purpose by the competent institution in whose territory he resides. This statement shall include the medical reasons for his unfitness for traveling as well as the expected duration of this unfitness.

3. The costs of the examinations under this Article and, as the case may be, expenses for travel and accommodation, shall be borne by the competent institution at whose request the examination is carried out.

Artikel 10

1. Any enforceable decision by a court or a competent institution of a Party regarding the recovery of undue benefits and regarding administrative penalties by virtue of the legislation, shall be recognized by the other Party.

2. Recognition may only be refused if it is contrary to the public interest of the Party where the decision should be enforced.

3. Any enforceable decision recognized in accordance with paragraph 1 shall be enforced by the other Party in accordance with the domestic law of the country of that Party governing the enforcement of similar decisions and judgments.

4. If a beneficiary has been unduly paid by a competent institution of a Party and he receives a benefit by the competent institution of the other Party, the first mentioned competent institution may request to balance the undue payment with the arrears or amounts still due to the beneficiary in the country of the last mentioned Party.

Artikel 11

1. Any enforceable decision by a court or a competent institution of a Party regarding the collection of social security contributions and administrative penalties by virtue of the legislation, shall be recognized by the other Party.

2. Recognition may only be refused if it is contrary to the public interest of the Party where the decision should be enforced.

3. Any enforceable decision recognized in accordance with paragraph 1 shall be enforced by the other Party in accordance with the domestic law of the country of that Party governing the enforcement of similar decisions and judgments.

Artikel 12

1.

A competent institution of a Party may refuse to grant a benefit, or may suspend or withdraw the payment of a benefit, if

a) a) the beneficiary fails to provide identification document or to undergo medical examinations as required under Article 7 and Article 9, 1 and 2, or b) b) if the relevant competent institution of the other Party fails to provide proof of identification or fails to provide information as required under Article 7 and Article 8, 2.

2. The administrative procedures in the cases referred to in paragraph 1 shall be agreed upon between the competent institutions on the conditions and to the extent permissible under the applicable legislation.

Artikel 13

The competent institutions of the Parties may establish, by means of supplementary arrangements, measures for the application of this Agreement.

Artikel 14

1. Where, under this Agreement, the competent authorities or competent institutions of a Party communicate personal data to the competent authorities or competent institutions of the other Party, that communication shall be subject to the domestic law regarding the protection of data in the country of the Party providing the data. Any subsequent transmission as well as storage, alteration and destruction of the communicated data shall be subject to the domestic law regarding data protection in the country of the receiving Party.

2. The use of personal data for purposes other than those of social security shall be subject to the approval of the person concerned or in accordance with other guarantees provided for by the domestic law of the country of the Parties.

Artikel 15

Any disputes between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultations or negotiations between them.

Artikel 16

This Agreement may be amended by mutual consent of the Parties through an exchange of notes between the Parties through the diplomatic channel.

Artikel 17

1. This Agreement shall enter into force after each Party has notified the other Party in writing through the diplomatic channel of its compliance with the constitutional requirements necessary for the entry into force of this Agreement.

2. The date of entry into force shall be the first day of the second month after the date of the last notification, on the understanding that the Netherlands shall apply Article 6 provisionally from the first day of the second month following the date of signature.

Artikel 18

In relation to the Kingdom of the Netherlands, this Agreement shall only apply to the territory of the Kingdom in Europe.

Artikel 19

This Agreement may be terminated by written notice through the diplomatic channel at any time by either Party. In the event of the termination, this Agreement shall remain in force until the end of the calendar year following the year in which the notice of termination has been received by the other Party.