Affected benefits affair receives a total of €518,416 in compensation

Affected benefits affair receives a total of €518,416 in compensation

January 1, 2025

The Amsterdam District Court finds that it has become clear that the parties have ended up in a legal maze from which they both no longer know how to find the way out. By means of an estimation, the decisions are made. In accordance with the intention of the legislator, generosity is preferable to precision.

X has four children and is a victim of the childcare allowance affair. The first levelling of the allowance was in September 2010 and after about seven years, he repaid more than €46,500. As a result, he lost his home and became incapacitated for work. Initially, the flat-rate compensation was set at €86,672. As part of the Recovery Operation, after the intervention of the Actual Damage Commission (CWS), the Department of Allowances awarded additional compensation of €151,608 due to X's incapacity for work (50% of the total damage). On 26 January 2024, the Amsterdam District Court ruled by way of an interim ruling that this was not properly motivated. The revised decision subsequently awarded an additional €112,056. Negotiations afterwards came to nothing. For example, X states that he had to terminate his law studies as a result of the affair and that he would otherwise have become a criminal lawyer. According to him, the income damage suffered as a result is more than €3 million. The Amsterdam District Court finds that it has become clear that the parties have ended up in a legal maze from which they both no longer know how to find the way out. Several attempts were made to find a solution, but they failed each time. By means of an estimation, the decisions are made. In accordance with the intention of the legislator, generosity is preferable to precision. The importance of providing timely and adequate assistance to serious victims outweighs preventing (any) overcompensation. The additional compensation is set at €168,050, i.e. €5325 for the costs due to the younger son's mental health problems, plus €151,060.50 for the loss of income due to X's disability, plus €10,000 in damage due to the termination of the study. A 1% increase has been applied to this by default. This amounts to a total of €518,416 in flat-rate and additional compensation. Parties can still appeal to the Administrative Jurisdiction Division of the Council of State.[Source: Verdict]Articles of law:General Administrative Law Act 8:88Instance: Amsterdam District Court

Rubric: Allowances and Health Insurance ActType of information: UN Today