Onverzekerbare dangers 26 February 1999 - ser
recommendation application reason to this recommendation
forms the recommendation application of the State Secretary of social
matter and employment of 16 March 1998. the State Secretary asked
recommend the Council concerning the question of ' onverzekerbare
dangers '. He referred thereby to its earlier promise to the
fixed commission for social matter and employment in the House of
Commons on 9 October 1997, during a consultation concerning the
Surviving Dependants Act (Anw insurance). The presentation of
questions in the recommendation application is ambiguous. To to
start is asked indicate the Council to what extent and for which
dangers occur the question to its judgement. More it general is
in general asked vervolgens which responsibility has the government at
offering a guarantee in individual situations where are talk of not
(or hardly) insurable dangers. This in consistency with the
question how it can occur that ' good ' dangers private and ' bad '
dangers are publicly financed. recommendation framework the
Council sees starts on that he has dedicated in the recent past
considerations to the broader thematics of the responsibility
partitioning in the field of the social security and thereby has
indicated by means of a specific recommendation application about that
pronounce to want itself. He notes with vexation that the
preceding recommendation application forms for that too restricted a
basis. This is this way the Council at the answer the
recommendation application has assumed the current
socialezekerheidsstelsel and associated responsibility partitioning.
This approach involves that he does not pronounce himself in
this recommendation concerning the scheme such as that in the previous
years has been modified and either concerning in this decided located
responsibility partitioning. In line with the presentation of
questions in the recommendation application the angle of this
recommendation the position of persons with a health handicap is which
cannot hardly individually insure himself om.die.reden or against
certain social dangers, where healthy people can conclude such
insurance, however. Analysis onverzekerbare dangers after a
sketch of the context of the recommendation application (chapter 2),
discusses the recommendation in analysing sense what under
onverzekerbare dangers can be understood (chapter 3). thereby to be
assumed verzekerbaarheid on the private market. The Council
notes that exactly cannot be defined what must be understood under
onverzekerbare or insurable with difficulty dangers. Also is not
objectively stipulate when onverzekerbaarheid are a problem:
what sees one as a necessary insurance being, can in the eyes of
other one the luxuriously insurance. Is discussed in addition
verzekeringstechnische aspects at insuring dangers on the private
market and on instruments to increase the verzekerbaarheid. To
get insight in the question of onverzekerbaarheid such as this in
practice occur, about this data have been inventoried.
Complicating factor thereby forms the fact that the term does
not indicate onverzekerbaarheid on an univocal and objectively to
determine situation but dependent is on several factors, they who not
only from person to person but also in the time seen can differ.
The Council concludes that the available data offer only to a
limited extent information. Appears overall for which social
dangers individuals experience insurance obstructions. In
practice it concerns thereby mainly persons with health problems.
They are possible at concluding an insurance against the risk of
death and incapacity for work to make to get with obstructions.
Thereby for a negative of the insurance, a raised premium can it
go or for exclusions. How many persons there with such insurance
obstructions do do not have, is now determine. Representative
data are not available. Judging by estimates from the insurance
line it concern relatively limits number of persons. Thus at
life insurances approximately four per cent of the total number of
applications ' on standaardvoorwaarden and are accepted against normal
conditions '. It is not confessed moreover to what extent the
existence of such obstructions leads that persons because of a bad
health in advance abandons requesting an insurance. In the
exploration of the question of onverzekerbaarheid also attention has
been given to other social dangers then which of death and incapacity
for work, such as unemployment risk and old age risk
(langlevenrisico). What concerns unemployment risk, notes to the
Council that this is not insure according to the current insights or
hardly on the private market. With respect to old age risk is of
meaning that it concerns generally an insurance with spaarkarakter.
This brings with itself that as the insurance on later age is
concluded and the spaarperiode therefore shorter is, the premium
interview higher will be. At insurance with a lifelong benefit
in addition the life expectancy can play a role on the basis of line.
Thus particularly the higher average life expectancy of women
applies its translation finds in a higher premium to individually
concluded insurance that. Such a premium interview does not
occur in collective labour pension schemes where have been formed by
means of doorsneepremies solidarity on the point of line and age, and
either at the public old age insurance where is tevens income
solidarity to the order. Onverzekerbaarheid overlijdens - and
incapacity for work risk where the available data offer no clear
visibility on the degree in which is now talk of onverzekerbaarheid,
shows they, however, that onverzekerbaarheid can be particularly under
discussion at the insurance of the risk of death and of incapacity for
work. Of this going out the Council in this recommendation
discusses particularly onverzekerbaarheid at overlijdens - and
Invalidity Insurances. Given the context of the recommendation
application aim he thereby in particular at insurance which aims at
and expensive of the legal benefits recent adaptations in altitude to
catch. It concerns the insurance of hiaten which have arisen as
a result of modifications in the statutory surviving dependant
regulation and in the legal Invalidity Insurances. These hiaten
are mostly indicated as Anw-hiaat, the WAO incapacity benefit
wao-hiaat and Waz-hiaat (where the abbreviations refer ' Waz ' to the
Invalidity Insurance (Self-employed Persons) Act). Desirability
insurance hiaten in comment taking that these hiaten are the
consequence of choices of the legislature for a restriction of the
public protection of income, the Council first of all more has in
general stood still commonly it at the question to the desirability of
can insure of such hiaten. Choices for a restriction of the
public protection of income divergent aims can underpin. In this
respect is also of meaning that the social standard for the degree of
protection of income which is ordered by means of the public social
insurance, in the course of time can modify. It is thus not
obvious that citizens must be able a restriction of the public
regulation (hiaat) insure if required under all circumstances on the
private market. The answer of the question if the
verzekerbaarheid must be guaranteed (and if so, to what extent and for
which groups), depends on divergent factors. On the one hand can
go thereby for the objectives which are pursued with the restriction
of the public protection of income, for example in the environment of
promotion of the labour force participation, offering choice freedom,
a stronger cost confrontation and a restriction of the collective
lastendruk. Point of assessment is then how guaranteeing
verzekerbaarheid is in the proportion of himself to such objectives.
On the other hand are possible unintentional and unforeseen
impact plays a role at the assessments concerning the
verzekerbaarheid. Also the then live conceptions concerning
verzekerbaarheid can lay weight in the scale. Illustratief in
this respect the pace of matter is around the law TBA and the WAO
incapacity benefit wao-hiaat. Where the then cabinet put himself
at the tender of the bill TBA on the point of view that offering the
possibility for repairing of the hiaat was not desirable, it has
returned on this in the course of the legislation route. And an
other one shows that the topic of the verzekerbaarheid of dangers
where public cover has decreased asks for a nuanced approach.
Onverzekerbaarheid Anw insurance -, WAO INCAPACITY BENEFIT - and
Waz-hiaat with respect to Anw-hiaat observe the Council which this
hiaat a consequence is of an aware choice of the legislature the right
to benefit to situations in which cannot be expected of the surviving
dependant restrict that these foresee by means of labour in an income.
Additionally, can be observed that it has been referred
repeatedly at the parliamentary treatment of this legislation to the
possibility if required of concluding an insurance in private
environment. Because this appeared in practice for persons with
health problems not always possible, afterwards measures have been
taken to this enigermate approach. A another aspect is that also
at an increasing labour force participation of women and a permanent
employment of the two partners can Anw-hiaat consider after the birth
of children, people concerned cover of desirable. When persons
with health problems want experience such an insurance on individual
basis conclude are able they however obstructions what concerns the
WAO incapacity benefit wao-hiaat, the Council first of all notes that
approximately 80 per cent of the employees - who also persons with a
medically raised risk - this hiaat by means of a collective regulation
within the framework of the work relation has been possible insure.
Thereby it can concern an obligatory regulation or for a
regulation on the basis of vrijwilligheid. Employees who can
realise thus no cover of the WAO incapacity benefit wao-hiaat to be,
insofar they want conclude such an insurance, designated on individual
WAO incapacity benefit hiaatverzekering. Determined is possible
in addition become that the legislature has gone out of it that the
market would be provide able after a transition period for the need
for supplements at the new WAO incapacity benefit level. When
employees with health problems want conclude such an insurance on
individual basis, be possible they however to make to get with
insurance obstructions. What Waz-hiaat concern, the eight
Councils still too asked it draw conclusions. For a restricted
group possible problems can be solved moreover by a good information
concerning the alternative of the voluntary WAO incapacity benefit
insurance. With respect to attempts from the ring of the
self-employed persons by means of forming collectiviteiten a solution
reach, the Council notes that the required basis could not yet be
obtained. Assuming.that this can be promoted support for such
initiatives by the government, the Council lets through these problems
here further outside consideration. Enlarging verzekerbaarheid
Anw insurance - and WAO incapacity benefit wao-hiaat concerning Anw
insurance - and WAO incapacity benefit wao-hiaat has considered the
Council if, and if so, to what extent, an improvement of the
verzekerbaarheid is of it desirable. The Council aims at persons
with health problems which on individual basis want insure themselves;
in comparison with healthy people they find oneself at this type
of insurance in a more unfavourable insurance position. Moreover
can be gone naturally not beyond to the social developments which have
conducted to the choice of the legislature to restrict the protection
of income by means of the public insurance. Concerning the
several possibilities with which an improvement of the
verzekerbaarheid can be realised, sees the Council on which the choice
for a certain solution direction in a balanced proportion must stand
to the nature and scope of the individual
onverzekerbaarheidsproblemen. Where solutions in the environment
of self-regulation offer perspective, the preference assumes the
Council. What concerns the WAO incapacity benefit wao-hiaat,
notes to the Council that now the majority of the employees with
health problems can a cover realise if required, because they fall
under collective regulations within the framework of the work
relation. He has faith that the verzekerbaarheid for persons
with health problems can increase by means of self-regulation still
further. It the Council in this respect has been confessed take
part that social partners and insurers conduct now consultation
concerning reducing insurance obstacles to employees who no longer are
at wisseling of employment in the occasion in a collective insurance
and as a result designated touch on an individual insurance. The
Council shouts with joy this initiative and shuts of it from that this
initiative within a reasonable period successfully is wound up.
He considers it desirably if in this consultation a possible
opening of Maav-waarborgfonds for new cases are involved. For
resulting financing or must be considered to what extent can be
appealed to the collective of the premium payers for regular WAO
incapacity benefit hiaatverzekeringen. To occur must become that
those contribute that by means of their own collectiviteit already
that the cover of the WAO incapacity benefit wao-hiaat also possible
are made for colleague employees with an increased medical risk,
moreover tevens to the rural regulation must contribute. With
respect to the verzekerbaarheid of Anw-hiaat the eight Councils it of
meaning that the legislature since the coming into force of the Anw
insurance (on 1 July 1996) already several times measures has found to
approach to insurance obstructions of persons with health problems.
Moreover is important that a lot of of meanwhile developed
Anw-regelingen have not been aimed at a closing and uniform repairing
of the hiaat. It does not lie thus in the reason for persons
with health problems of creating possibilities for a complete
repairing of the hiaat. The Council asks attention to situations
in which onverzeker baarheid of Anw-hiaat for persons with a health
handicap can become as problematic to experience in general sense.
He calls in this respect the income decline of the surviving
dependant when (youngest) the child 18 reaches years of age or when
the rate of incapacity of the surviving dependant decreases below the
45 percents. To this end measures are able be predominated, such
as a possible extension of the regulation already existing for
onverzekerbare dangers within the framework of the Anw insurance.
Source "Onverzekerbare dangers 26 February 1999 - ser":
General
Head index page of "Onverzekerbare dangers 26 February
1999 - ser"
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