Island Ordinance on the granting of extraordinary benefit by the Public Entity Saba (Ordinance Extraordinary Benefit Saba)(A.B. 2022.08)

Geldend van 01-01-2023 t/m heden

Intitulé

Island Ordinance on the granting of extraordinary benefit by the Public Entity Saba (Ordinance Extraordinary Benefit Saba)(A.B. 2022.08)

The island council of Saba,

Having regard to:

Articles 149, first paragraph and 152 of the Bonaire, St. Eustatius, and Saba Public Entities Act and Articles 6, first paragraph, 9. 10, 11, 12, first, second, and third paragraphs, 16, second paragraph, 18, first paragraph, 20 to 22, 27, third paragraph, 32, and 33 of the BES Decree Social Benefit;

HAS DECREED:

to enact the following Island Ordinance:

CHAPTER 1 Definitions

Article 1 Definitions

For the purposes of this Regulation the following terms shall have the following meanings:

  • General social benefit: General welfare as referred to in Chapter 3 of the BES Decree Social Benefit.

  • Extraordin ar y benefit: Special welfare as referred to in Chapter 4 of the BES Decree Social Benefit.

  • Preceding provision: Any provision outside of this Regulation to which the applicant can make a claim or appeal in order to obtain resources or to pay for specific expenses.

CHAPTER 2 Application rules and general terms and conditions

Article 2 Application process and criteria for qualification

  • 1.

  • a. The application for extraordinary benefit occurs through a designated application form to be requested at the Department of Community Development.

  • b. An application for extraordinary benefit must in principle be submitted before the costs have been incurred.

  • c. The assessment of an application for extraordinary benefit shall be carried out in accordance with the criteria set out in Chapter 5 Article 12 of the Policy rules for the application for social benefit.

  • d. The applicant must cooperate in the application process and provide all information and proof documents of the financial situation of all persons living in the household.

  • e. The applicant must be registered on Saba and in possession of a valid Saban ID-card.

  • f. The applicant must sign for commitment to abstain from requesting any advanced payment.

  • g. The applicant must sign for commitment to continue looking for a job and accept referrals to possible work assignments.

  • h. The applicant must sign for commitment to follow a budgeting course when so requested.

  • 2. By or on behalf of the Executive Council the application is being assessed and determined upon.

  • 3. The Executive Council may make further regulations to the provisions of the first paragraph of this article.

Article 3 Income limit for qualification

  • 1. The income limit criteria for qualification for extraordinary benefit is equal to or less than 120% of the current statutory minimum wage (WML), in accordance with Chapter 5 Article 13 of the Policy rules for the application for social benefit.

  • 2. The income limit according to the WML, is converted to a monthly amount as follows: Minimum hourly wage * 40 hours * 52 weeks / 12 months * 120%.

  • 3. This income limit applies to the entire household of the applicant, meaning the total income of all adults living in the same household as the applicant, must not exceed 120% of the current statutory minimum wage (WML), for the household to be eligible for receiving extraordinary benefit.

  • 4. An exception to this rule is possible in the case of urgent reasons.

  • 5. The Executive Council may make further regulations to the provisions of this article.

CHAPTER 3 Cost types for compensation through extraordinary benefit

Article 4 Cost types for compensation through extraordinary benefit

  • 1. The cost types one can apply for are:

    • a.

      Funeral expenses;

    • b.

      School uniform and accessories;

    • c.

      Water reservoir and water pump;

    • d.

      Adult dental treatment costs;

    • e.

      Bed mattress, bunk bed, sofa bed, baby bed;

    • f.

      Household appliances.

  • 2. The Executive Council may make further regulations to the provisions of this article.

Article 5 Extraordinary situations

In special cases, extraordinary benefit may be granted for costs of items other than those referred to in this Regulation, in accordance with Chapter 6 Article 26 and Chapter 8 Article 30 of the Policy rules for the application for social benefit and while taking into account the stipulations in all articles of the BES Decree Social Benefit. The Executive Council may make further regulations with regards to the application of this article.

Article 6 Objection and appeal

Objecting and appealing a decision made by the Executive Council regarding the granting, rejection, or cancelation of the extraordinary benefit on the grounds of this Regulation, shall be made possible through the procedure of sending a written notice of such directly to the Executive Council, while taking into account the stipulations in Chapter 6a Article 40a and 40b of the BES Decree Social Benefit, as well as in the Administrative Jurisdiction Act BES.

CHAPTER 4 Measures and reclaim

Article 7 Reclaim policy and period

  • 1. In the event of reprehensibly not or incompletely providing relevant information or requested evidence, or otherwise insufficiently providing cooperation within the set period while applying for extraordinary benefit, the Executive Council can impose a reclaim period of 14 days on the applicant, in accordance with Chapter 7 Article 27 of the Policy rules for the application for social benefit.

  • 2. If this period is exceeded, a measure is imposed, or the extraordinary benefit is terminated (with or without retroactive effect), in accordance with Chapter 6 Paragraph 2 Article 30 of the BES Decree Social Benefit.

  • 3. Extraordinary benefit that has been unduly granted, can in principle be reclaimed. In any case, it will be reclaimed if the assistance granted is clearly based on incorrect information from the applicant, or if there is otherwise culpability (such as by concealing income), in accordance with Chapter 7 Article 28 of the Policy rules for the application for social benefit and Chapter 6 Paragraph 4 Article 33 of the BES Decree Social Benefit,

  • 4. In all other situations, in which culpability is lacking, reclaiming can be waived on the basis of a hardship clause. The decision on this is taken on the basis of individual assessment by the Department of Community Development. If it is obvious based on the assessment done, that the applicant could not reasonably have known that he or she wrongly received (in good faith) the extraordinary benefit, the Executive Council may decide on that basis not to reclaim the assistance received by the applicant, while also taking into account the stipulations in Chapter 7 Article 29 of the Policy rules for the application for social benefit.

  • 5. The decision whether or not to issue a reclaim shall be notified to the applicant in writing, indicating the effective date of the revision or termination of the assistance provided, the return of granted goods, the amount involved in the decision, and the reasons for it, in accordance with Chapter 6 Paragraph 4 Article 34 and 35 of the BES Decree Social Benefit. The time limits for reclaim shall he adapted to the payment capacity of the applicant, to be assessed and determined by or in name of the Executive Council.

CHAPTER 5 Final provisions

Article 8 Implementation

This Regulation shall enter into force on the 1st of January 2023.

Article 9 Citation title

This regulation is cited as: Ordinance Extraordinary Benefit Saba.

Ondertekening

Thus, adopted by the Island Council or the Public Entity Saba in the Public Island Council meeting on December 28th, 2022.

Island registrar,

A.M. Levenstone

Governor,

J.G.A. Johnson, M. Ed.