The Social Affairs Committee approves the bill lifting the ban on cumulating an incapacity pension and a replacement income

General context

Section 91 of the Programme Act of 28th June 2013 approved by the Di Rupo government bans -– with retrospective effect from 1st January 2013 -  cumulating any public sector pension and a replacement income.

From the implementation of the ban it appears that it has very negative social effects for certain people.

It concerns the group of people who until the coming into effect of the Programme Act cumulated a public sector disability pension and unemployment benefits or disability/ illness benefits.

Due to the ban the persons in question had to renounce one of both benefit systems. However, with the ban in place, none of the two benefit systems – separately – provided sufficient means to have a decent life. 

In an attempt to avoid such dramatic effects resulting from section 91 of the Programme Act of 28th June 2013 Daniel BACQUELAINE presented a bill restoring the possibility to cumulate a disability pension and a replacement income, if the latter pertains to unemployment or illness benefits. This measure will be implemented with retrospective effect from 1st January 2013.

Around 1,000 people will be able to benefit from this measure.

A few concrete examples

Henriette, divorced and 50 years old, has been a part-time nurse in a public hospital for 20 years. After she had been declared ill, she was found permanently unable to practice this profession and therefore she receives a disability pension. At her other part-time job with a community health centre, she was made redundant. Therefore, she is also entitled to unemployment benefits.  

The two types of benefits she is permitted to claim are:

·         Disability pension (Public Sector Pension Service): EUR 581.86 /month

·         Unemployment benefits (National Employment Agency) EUR 827.74 /month   

Georges, 52 years old, has been a teacher for 30 years. He has tenure for 5/20 and also holds a non-tenured teaching position for 12/20. After he had become gravely ill, he was entitled to both a disability pension from the Public Sector Pension Service and illness benefits from the Belgian National health Service (‘mutuelle’), the latter covering his non-tenured job.

The two types of benefits he is permitted to claim are:

·         Disability pension (Public Sector Pension Service): EUR 1011,86 /month

·         Illness benefits (National Health Service): EUR 971,87 /month