Amendment to the Recovery Surgery Allowances Act

News item | 19-06-2024 | 16:59

Due to the much higher number of reported victims and the complexity of their problems, it is not always possible to help parents as quickly as the cabinet would like and decision deadlines are unfortunately exceeded. In that case, a parent can give the government notice of default and file a so-called “failure to decide in time”. Parents who file such an appeal should then be treated with priority. As a result, other parents may also feel compelled to go to court to avoid having to join the back of the queue.

This situation causes uncertainty among parents about when their case will be heard, puts pressure on the judiciary and damages trust. It is also at the expense of capacity at the Recovery Allowances Implementation Organization that cannot be used for actual recovery. That is why the cabinet wants to partially adjust the decision deadlines within the Recovery Operation Surcharges. The measure is being taken because the Council of State has indicated that it is up to the legislator to come up with realistic deadlines. This is stated in an amendment to the law that Secretary of State Aukje de Vries for Finance (Surcharges and Customs) sent to the House of Representatives.

Decisions deadlines

The cabinet proposes to extend the decision period on new applications for additional damage from 6 to 12 months. The decision period for objection cases will not be adjusted because, according to the Council of State, the judge will usually stick to the period of 6 months. At the same time, the cabinet will continue to do everything in its power to ensure that parents are helped as quickly as possible. Recently, the cabinet has taken various measures to deal with objections more quickly. For example, the Implementation Organization for the Recovery of Allowances will talk to parents earlier in the process to prevent objections and the capacity of the objection department has been further expanded. New working methods in objection cases, such as the use of mediation and resolving objections with a settlement proposal, are also being worked on.

Relatives

In the bill, the cabinet also comes up with an adapted arrangement for the relatives of deceased victims. The previously proposed regulation was no longer enforceable as a result of an amendment from the House of Representatives, the implementation test showed. In the new proposal, the relatives of deceased victims are relieved as much as possible by offering additional guidance and will go through the various recovery arrangements with them as quickly as possible. The scheme is intended to start this autumn when the law is passed.

Parent abroad

The bill also extends the scheme for affected parents abroad. Some of the affected parents left abroad due to the problems with the childcare allowance. Like victims in the Netherlands, they receive help and support. They can also receive support when returning to the Netherlands. The reference date for determining whether parents are eligible will be extended from July 7, 2020 to December 31, 2021, so that parents who left the Netherlands later can also claim support.

Documents

• Letter of offer to the Act on the Adjustment of Terms and Survivors Scheme, Recovery Surgery, Surcharges
• Secretary of State De Vries (Surcharges and Customs) informs the House of Representatives about the bill submitted to the House of Representatives Act...
• Parliamentary Paper: Letter to Parliament | 19-06-2024