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Compensatory loss of income

You are the victim of nuisance caused by public works? Under certain conditions, you are entitled to compensation for loss of income.

This allowance system was introduced by the Act of December 3, 2005, recently amended by Act of 22/12/2008 program.

The compensation of lost income is exclusively for the independent who meets the following criteria:

► The institution in which the independent works and who suffers harm must occupy less than 10 workers;
►
its annual turnover and annual balance sheet total must not exceed 2 million;

► Its main activity is to be the direct sale of products or offering services to consumers or to small users for which a direct, personal contact takes place, under normal circumstances, within a facility built; ►

should not have other earned income than its activity in the institution suffers nuisance the work.

What are the requirements to obtain this benefit?

To get it, the nuisance caused by work must make the opening of the facility unnecessary operational point of view for at least 7 consecutive calendar days.

The facility in which the work must necessarily be independent fermé.Par "nuisance" means a situation resulting from work in practice, obstruct, prevent or impede access to the institution where the work 'independent.

This means that at least one the following conditions is met:

► no public parking can not be used on the streets of the institution; ►
no public parking can not be used on the streets of the institution;
► no Public parking can be used within a radius of 100 meters around the access to the facility;
► driveway to the hotel is closed to through traffic in one direction or both directions;
► pedestrian access to the property is impossible.

How much allowance?

It amounts to € 71.64 per calendar day (indexed from 1 January 2011 based on Article 8 § 2 of the Act of December 3, 2005). The amount is indexed on 1 January each year.The compensation is due until the 8th day after the closing date of the establishment impeded.

The maximum duration is 30 calendar days, with possibility of extension (s) so that the entire period in which the institution suffers harm is covered.

What is the procedure to obtain compensation?

You must: ►

request a certificate from the common nuisance (using the correct form) as soon as she informs you of the work;

► Participation Fund to introduce at least 7 days before the closure of the application compensation (using the correct form);

► Participation Fund to introduce at least 7 days before the closure of the certificate of nuisance issued by the municipality.

For more information:

Participation Fund
Street Line 1


1000 Brussels Tel. : 02/210.87.91
Fax: 02/210.87.02 E-mail
: info@fonds.org
www.travauxpublics-independants.be
www.fonds.org

site desPME independents and also a page interesting frequently asked questions. Click here (it's the end of text).