Nijverdal's family of benefits takes Staat to court again: “It's not getting along”
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Nijverdal's family of benefits takes Staat to court again: “It's not getting along”
September 16, 19:56•4 minutes of reading time
From left to right: Jeroen, Orlando, Aurora and Renate are taking the State to court again© Oost
What damage has the benefits scandal caused to a Nijverdal family? That is the big question in the court in Almelo. Renate Wolbers and Jeroen Wolterink brought the State of the Netherlands to court again today. Now to enforce a damage investigation. “We want steps to be taken.”
Last April, the court ruled that the State is liable for the damage suffered as a result of the benefits scandal. The case - filed by Renate and Jeroen - seemed like a breakthrough in the settlement of the scandal. More than a year and a half later, the processing still appears to be stuck.
Respass
“A picture is being painted that the State is thwarting the victims and is not cooperating with anything. That's really not the case,” says lawyer Jeroen Langbroek on behalf of the State of the Netherlands. He responds to the claim made by Cyril Spiertz, one of Renate and Jeroen's lawyers. Spiertz sees the fact that there is no progress in processing as proof that there is indeed a case of thwarting the process.
The atmosphere in the court is hostile. It is noticeable that both parties are diametrically opposed. Attorney Langbroek has the floor, but, according to Spiertz, is saying nonsense that therefore interrupts him. This, in turn, clearly does not serve the State's lawyer. “Just shut up”, he shoots out of his head.
What is the benefits scandal? For years - from 2004 to 2019 - the tax authorities wrongly classified tens of thousands of Dutch families with childcare allowance as fraudsters. The first signs that something was going wrong in the fight against fraud were already sounded in 2012, but it wasn't until 2017 before it was on the political agenda. After years of political and official scheming, the entire Rutte III cabinet resigned in 2021 over the affair. Somewhere between 30,000 and 70,000 families have been affected by this Benefits scandal. The tax authorities sometimes recovered tons of allegedly wrongly received childcare allowance and fines. The consequences were dramatic. People lost homes and businesses, more than 1,100 children were displaced from their homes and citizens who saw no way out fell into psychological distress and sometimes ended their lives. Why the tax authorities labeled people as fraudsters and started a recovery is not exactly clear to this day. Through the Secretary of State, it was admitted that there was “broad” “ethical profiling”, but how broad that was (or is) and where it was, are still shrouded in mystery.
Five million euros
Jeroen and Renate, together with their lawyers Cyril Spiertz and Milan Jans, have drawn up a claim for damages. That is a total amount of damage suffered as a result of the benefits scandal. With a price tag of five million euros, which the government does not want to award just like that. “We need a good foundation for that,” Langbroek explains.
That clearly goes down the wrong throat on the Nijverdal side. Jeroen and Renate rejoice at the words. Indeed, in October 2023, when they met with the State's claims officer, they brought 21 files full of documents. “He didn't need it, he couldn't do anything with it anyway,” says Renate. So the folders went home with me.
Unplug
If months go by and the claims adjuster still asks for those papers, the Nijverdallers will have enough. According to the State, the victims stop the process; according to the victims, the claims manager cuts everything off. Whoever pulled the plug: the processing has come to nothing further and is completely at a standstill again.
“We want steps to be taken,” says Spiertz firmly in court. He is referring to the slow processes, so that a year and a half after the court ruling, there is still no resolution.
Because the settlement of the benefits scandal is deadlocked, Nijverdal's family goes to court again
First compensation
Back to that five million demand. That is far too greedy for the State. According to the victims, that amount is very real, because their lives turned into hell since 2005. Due to the recovery of 92,000 euros in childcare benefits, a financial tragedy follows, resulting in debts and the couple is forced to sell their home. Their two eldest daughters are even being removed from home.
There is an initial compensation, even before the legal route has been chosen. “That money has all gone to creditors,” Renate makes it clear. “We haven't even received those 92,000 euros of unfairly recovered surcharges back yet. Why compensation?”
Stress
An insurance doctor has already looked at the family members' medical journals on behalf of the State. In just one day - because of the trial that will be filed a few days later - he puts conclusions on paper. There would be only a minimal connection between the benefits scandal and health complaints.
That is why Renate and Jeroen are demanding an expert study to have experts assess the damage. This should also include health and emotional damage. Because Renate, in particular, is struggling with physical discomfort. “Since 2009, I have been suffering from nosebleeds, dizziness and tinnitus. I also have far too high blood pressure, which is all due to the stress we live under.”
desperation
Two of the five children attend the business. Daughter Aurora and son Orlando fight back tears when their mother tells the judge the impact of the benefits scandal and that she even attempted suicide. A desperate attempt in the hope that Jeroen and the children could continue debt-free.
The State remains firm and says that there is no specific time that could cause health problems. According to Spiertz, the overall picture needs to be looked at. “The whole period has an impact on their lives and health. The constant stress causes all of that.”
Acceptance
According to Spiertz, this should be included in claims handling. And what if that broad study shows that five million euros is indeed far too greedy? “Then that's true, but at least it's well researched.”
The verdict will follow in four weeks.
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