Frustrated victims of the benefits scandal receive millions in penalty payments because the tax authorities stand still

<img src="https://images0.persgroep.net/rcs/OhekJ8m2OKvARbiRQgDrxH39St0/diocontent/211134719/_fitwidth/694/?appId=21791a8992982cd8da851550a453bd7f&quality=0.8" alt="Duizenden gedupeerde ouders en kinderen van het toeslagenschandaal wachten al jaren op een beslissing in hun zaak. Meerdere rechtszaken en dwangsommen aan de Belastingdienst hielpen niets." />

Thousands of parents and children affected by the benefits scandal have been waiting for their case to be decided for years. Multiple lawsuits and penalty payments to the tax authorities did nothing. © ANP/ANP

Frustrated victims of the benefits scandal receive millions in penalty payments because the tax authorities stand still
The tax authorities systematically ignore court rulings in cases of benefit victims. This means that, although they receive millions in penalty payments, they have to go to court again. The victims do not want penalty payments, they want justice. “It's a sick system,” says former MP Renske Leijten.

Maarten Schoon 16-02-24, 19:31

Many victims of the benefits affair appeal after the tax authorities have awarded them compensation for damage suffered. They do not automatically agree with the decision, for example because they were not allowed to view their own file. There is great distrust against the government, says Enschede lawyer Narda Teke-Bozkurt, who assists 140 victims, about 100 of whom are from Twente. She herself is also a victim.

“Unwillingness on the part of the tax authorities”
In her own recovery operation and that of her clients, she sees that the tax authorities are unable to make a decision on such an appeal in time. That is why some of those involved went to court. Despite the fact that at least sixty victims were right there, the tax authorities do not assess their objections. Teke-Bozkurt speaks of unwillingness on the part of the tax authorities, which, due to its reluctant attitude, must pay millions in penalty payments to thousands of benefit victims.

Indeed, in those proceedings, the court ruled that the tax authorities were in default and had to take action. Every day late meant a 100 euro fine, with a maximum of 15,000 euros. The service also let that period expire.

Millions in penalty payments
As a result, the victims now have to go to court again with the same purpose, resulting in even higher penalty payments. There are still 7200 objections to be filed with the Tax Administration's Implementation Organization for the Recovery of Surcharges (UHT).

So far, 50.5 million euros in penalty payments and notice of default have been paid. In addition, the Ministry of Finance reserves 47 million euros for future legal assistance. The calculators point to two real risks: even more parental objections and lower productivity in recovery surgery.

'Conscious choice'
'The average processing time in objections is currently more than a year and is increasing. Some parents wait more than two years for a decision. ' This is what outgoing Secretary of State Aukje de Vries (Allowances, VVD) wrote to the House of Representatives this Friday. She wants the objections to be resolved by the end of 2026. Her people are now concentrating on the objections that incur penalty payments, with the result that other cases are at a standstill.

Former MP Renske Leijten (SP) is horrified to see old patterns repeating themselves. Together with Pieter Omtzigt (then CDA, now NSC), she was important in exposing the benefits scandal. It makes her “extremely sad”.

When you get into a procedure, you end up in a different pile - incomprehensible

Renske Leijten, former Member of Parliament
“The tax authorities sort everything out legally. When you get into a procedure, you end up in a different pile - incomprehensible. Parents can't go on. It makes some people sick to death. It is a sick system, even for the tax authorities themselves. The worst part is, this method is a conscious choice.”

Major issues
Victims of the benefits scandal have been plagued by long waiting times for years. The work is overrun by the Implementation Organization for the Recovery of Allowances (UHT). The employees are now dealing with cases from 2021, and they did not think that so many people would also file an objection after a decision. They simply don't get around to it.

Thousands of people were wrongly classified as fraudsters by the tax authorities between 2009 and 2019, causing them to get into big trouble. People fell deeply into debt and had to get out of their homes. It led to divorces or displacements of children.

Want to see your own file
68,376 people reported as victims. After a first test, around 22,800 parents and their children have been waiting for years for a comprehensive assessment, recognition and real compensation. The average waiting time for a case to be thoroughly reviewed is 545 days. After that, victims can still go to a committee that looks at the actual damage. It is a process that will take years.

Enschedeans go to court twice
A couple from Enschede also lodged an objection, but nothing happened after that. The tax authorities did not decide that objection, as required by law. After six months of waiting, lawyer Teke-Bozkurt gave the government notice of default. It is a stick behind the door for every citizen to force a government body to take action.

The judge in Zwolle ruled on April 20, 2023 that the tax authorities must take a decision quickly, otherwise there will be a 100 euro fine per day, with a maximum of 15,000 euros. But again, nothing happened. In December, the Enschedeans went to court again.

Slow down and stretch
Because nothing has changed, the court was quick to decide. Another penalty payment of 100 euros per day, with a maximum of 15,000 euros. Instead of six months, the tax authorities now have six weeks to make a decision.

Insurers are slowing down with the hope that victims will give up. That's what this looks like

Narda Teke-Bozkurt, lawyer
According to the lawyer, it leads to a lot of uncertainty among her clients. They are not waiting for compensation, but for justice, she says. “They are entitled to a decision. There's nothing I can do about the fact that it's a mess with the tax authorities. I also do personal injury cases. There, I see insurers slow down and stretch with the hope that the victims will give up. That's what this looks like.”

Totally different approach
In order to help the victims quickly, former MP Renske Leijten (SP) calls for a completely different approach. She calls today's comprehensive assessment a legal quagmire. “Sit down with affected parents at the beginning of the process. That's where the largest group is. The damage can be calculated quickly. It's really not rocket science. That's cheaper than all these procedures and people can get on with their lives.”

“We don't want people to object at all,” a spokesperson for the Ministry of Finance responds. They would rather see that parents are satisfied with their decisions. He says that most procedures involve getting the file. From now on, parents will get that faster, he promises. New practices should reduce queues. Leijten's proposal is not among them.