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Publication date 22-10-2024, 11:00

On 14 October 2024, the Secretary of State promised that the State will not file the formal statute of limitations until 1 October 2029 in cases of parents recognized under the Recovery Surgery Allowances Act, (ex-) payment partners, children and/or relatives of recognized victims.

This also explicitly applies in cases where it is only determined after October 23, 2024 that a parent, (ex-) payment partner, child, and/or survivor is a recognized victim.

The parents, (ex) payment partners, children and/or relatives of recognized victims will therefore no longer have to send separate letters (liability claims and/or letters of interruption) over the next 5 years. The Rotterdam Court decided on 26 April 2023 that the limitation period for any liability of the State for past errors related to the childcare allowance affair started on 23 October 2019. This means that victims will have to pay the State until October 23, 2019 at the latest. Be able to hold accountable on October 23, 2024.

Liability does not expire

This period can be extended by interruption. A letter must be sent for this. This is called the letter of interruption. The State has now ruled that liability does not expire. That is why recognized victims of childcare allowance, (ex) allowance partners, children and/or relatives of recognized victims do not have to send individual letters to secure their claim due to a limitation period. In line with the Rotterdam District Court's ruling, the State acknowledges liability towards recognized victims of childcare allowance, (ex) allowance partners, children and/or relatives of recognized victims. As a result, the limitation period is interrupted. This applies to any civil law claims arising from the unlawful decisions for which the Implementing Organization for Recovery Benefits has offered compensation. As a result, affected parents, (ex) payment partners, children and/or relatives of recognized victims do not have to send letters of interruption for at least the next 5 years (until 1 October 2029).