Actual Damage Commission
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This is how we look at your request
Your story is the starting point for our advice about your actual damage. We review your story and the other information you give us very carefully with our claims framework. This framework is about compensation for your actual damage. Below, we give you a short, simple explanation.
View our full claims framework here
Compensation for your non-material damage
Immaterial damage is damage caused by, for example, suffering or grief. We think it is likely that you and your family have had a lot of grief and stress due to the problems with the childcare allowance. You can therefore ask for compensation for your immaterial damage. We have divided this damage into five so-called building blocks (A to E).
A. Defeat your honor and good name
This concerns, for example, the impact of the problems with the childcare allowance on your social life.
B. The composition of your family
This includes, for example, the impact of the problems with the childcare allowance on your child or children.
C. The confrontation with refunds
This is about the stress and shock you had when you (unfairly) suddenly had to pay back your childcare allowance.
D. No right to childcare allowance
This is about the stress and shock you had when you did not receive childcare allowance, even though you were entitled to it.
E. Stressful years until you get advice from the CWS
This is about the stress you have had from the start of the problems with the childcare allowance to when you receive compensation for your actual damage. For this, you will receive a fixed amount per six months.
Compensation for your material damage
Material damage is damage to, for example, your money or property. We have divided this damage into 11 damage items. You can ask for compensation for each claim.
1. Travel expenses and vacation costs
Regulatory issues due to the problems with the childcare allowanceWe assume that you had to arrange a lot due to the problems with the childcare allowance. In all our advice, we ask the Implementation Organization for Recovery of Surcharges (UHT) to reimburse this with a fixed amount. You don't have to ask for this yourself.Other travel costs and days offThis includes, for example, taking the occasional time off from work to babysit your children. Or occasionally take time off from work to see a doctor because you were ill due to the problems with the childcare allowance. We can advise UHT to reimburse these costs with a fixed amount per part of the day that you had to take off. This fixed amount also includes your travel costs.Please note: other costs because you had to see a doctor are part of the claim “medical costs”. You will find them later in this explanation.
2. Costs for replacement care
This is about arranging replacement care because your children were no longer able to go to their normal childcare allowance due to the problems with the childcare allowance. You can be reimbursed for the costs of replacement care if you were entitled to childcare allowance during that period. This is the case, for example, if you worked and had children who were 12 or younger.
3. Costs of debts, loans and coercive collections
Many parents are in debt due to the problems with the childcare allowance. You can ask for compensation for the costs you have incurred for such debts, loans and coercive collections. For example:
- You paid interest on a debt. We calculate the compensation for this with a fixed percentage of the amount of the debt.
- You had a debt and always did not repay it. As a result, a bailiff has been called in. You had to pay the costs of this “coercive recovery”. We can advise UHT to reimburse these costs up to a maximum amount.
We assume that you have paid no fees or interest for loans with family, friends or acquaintances. Is this true? Then it is important that you can show us that you have made agreements about this.
4. Forced sale or missed increase in value or missed opportunity to purchase
We advise UHT to compensate for damage because you were forced to sell something due to the problems with the childcare allowance. This is mainly about houses and jewelry. For example:
- You had to sell your home for less money than it was actually worth.
- You had to sell a piece of jewelry. And if you sold it later, it would be worth more.
- You wanted to buy a house and this could not happen due to the problems with the childcare allowance.
We calculate damage by buying or selling houses in various ways. You can read how we do this in the full claims framework. We use a maximum amount for jewelry, unless documents show that the damage is higher.
5. Moving costs and replacing household effects
This is about having to move out of your home for sale or rent due to the problems with the childcare allowance. You are then entitled to compensation for the costs you had as a result. For example, costs for moving or buying new items. We can advise UHT to reimburse these costs up to a maximum amount. Have you been evicted or evacuated? Then this amount may be higher. 6. Costs of legal assistance
This is about the costs of a lawyer before you applied to the Actual Injury Commission. For example, when you objected to a refund or received help during the comprehensive assessment at UHT. Your final compensation decision by UHT also includes an amount for legal costs. We take this amount into account. Does the amount you request in our request form exceed the amount in your final compensation decision? Then we can advise UHT to reimburse this difference up to a maximum amount.
7. Extra study costs due to study delay
This is about stopping your studies due to the problems with the childcare allowance. And about study delay. You can receive compensation for the additional study costs you had as a result. For example, tuition fees or book money. To calculate the damage, we use fixed amounts per year of study delay. Stopping a study can cause loss of income. For example, because you might have a higher salary if you had obtained the diploma. This damage is part of income loss.
8. Income damage
This concerns damage to your income and pension. Due to the problems with the childcare allowance, you may have earned less money or saved less pension than you wanted. For example:
- Due to the problems with the childcare allowance, your children were no longer able to go to their normal childcare. You may have started to work less because of this or you may have even stopped working. And as a result, you have had less income and accrued less pension. As a result, you may also have missed a promotion at work.
- Perhaps you only started working later due to a delay in your studies due to the problems with the childcare allowance. Or do you have a lower income because you were never able to get your diploma.
An external expert calculates the damage for us. Do you indicate that you have (had) medical complaints that make you unable to work? Then we will ask for your permission for advice from a medical specialist.
9. Medical expenses
This concerns additional medical costs due to the problems with the childcare allowance. For example:
- You were unable to pay additional health insurance and therefore you had to pay bills yourself.
- You were no longer able to pay the health insurance premium and therefore had to pay the higher administrative health insurance premium.
We may ask for your permission for advice from a medical specialist.
10. Other financial loss
Our assessment framework lists the most common claims. Of course, you can also mention other damages in your request. We will then discuss with you how high the costs were, what caused the damage and what additional information we may need from you. Whether and what additional information we need depends, among other things, on the amount of money you request.
11. Reimbursement of the costs of the procedure before the CWS
For all parents, the procedure at the CWS takes time. We always advise the Implementation Organization for Recovery of Surcharges (UHT) to reimburse these costs with a fixed amount. You don't have to ask for reimbursement of these costs.
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