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Sociale Zekerheid

Benefit Fraud in Rijswijk: Recovery and Legal Consequences

Discover what benefit fraud in Rijswijk means, how recovery works and what legal consequences it can have. Read more about your rights and obligations.

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Benefit Fraud in Rijswijk: Recovery and Legal Consequences

Committing fraud with benefits is a serious offence that can have serious consequences in Rijswijk. If the municipality discovers that you have provided incorrect or incomplete information in your benefit application, this can lead to the recovery of unduly paid amounts and possibly criminal proceedings. In this article, we discuss what benefit fraud entails, how the recovery procedure works and what rights you have in Rijswijk.

What Does Benefit Fraud Mean?

Benefit fraud occurs when someone deliberately provides incorrect or incomplete information to the Municipality of Rijswijk to obtain or retain benefits unlawfully. This is regulated in article 17 of the Participation Act, which describes the duty to provide correct information.

Common Types of Fraud

In Rijswijk, we often see the following forms of benefit fraud:

  • Concealing income: Not reporting income from work, undeclared work or other sources
  • Concealing assets: Not reporting savings or other assets above the permitted limit
  • Cohabitation fraud: Not reporting that you are cohabiting while presenting yourself as single
  • Address deception: Providing an incorrect residential address to receive benefits
  • Concealing stay abroad: Not reporting that you are staying abroad for an extended period

Recovery Procedure in Rijswijk

If the Municipality of Rijswijk suspects fraud, a recovery process is initiated in accordance with the rules in the Participation Act (article 58 and following).

Step 1: Investigation by the Municipality

The social investigation unit of Rijswijk conducts an investigation. This may consist of home visits, observations, checking bank accounts (with permission or judicial approval) and speaking with third parties such as neighbours or employers.

Step 2: Intention to Recover

After the investigation, you will receive a letter stating the intention to recover. It states:

  • The period over which recovery takes place
  • The amount you must repay
  • The reason for the recovery
  • The opportunity to submit your views within six weeks

Tip: Take the opportunity to submit your notice of objection. This is your moment to tell your story and submit evidence.

Step 3: Final Decision

After your response, the Municipality of Rijswijk takes a final decision. You can lodge an objection against this recovery decision with the municipality and possibly appeal to the District Court of The Hague.

Scope of Recovery in Case of Fraud

In the case of fraud, the Municipality of Rijswijk may recover the entire unduly received amount. Unlike negligence (without intent), in the case of fraud there is no statute of limitations of five years; the municipality can recover up to ten years.

Type of Offence Recovery Period Fine Possible? Criminal Prosecution?
Negligence (no intent) Maximum 5 years No No
Fraud (with intent) Up to 10 years possible Yes (fine up to 100% of recovery) Possible in serious fraud
Breach of reporting duty without intent Maximum 5 years No No

Fines for Benefit Fraud in Rijswijk

In addition to recovery, the Municipality of Rijswijk may impose an administrative fine on the basis of article 18a of the Participation Act. This fine may amount to up to 100% of the recovered amount, with a maximum of € 25,389 (2024, adjusted annually).

Factors for Imposing a Fine

When imposing a fine, the Municipality of Rijswijk considers:

  • The severity of the violation
  • The degree to which you are at fault
  • The context of the fraud
  • Previous violations

Criminal Consequences

In serious cases of benefit fraud (often from € 10,000 or in case of repetition), the Municipality of Rijswijk may file a report with the Public Prosecution Service. This may lead to prosecution for forgery (article 225 Criminal Code) or fraud (article 326 Criminal Code).

Possible penalties are:

  • A fine
  • A community service order
  • In serious cases: imprisonment
  • A criminal record

Help and Advice in Rijswijk

If you are faced with a recovery procedure or suspicion of fraud, you can seek legal assistance. The Legal Counter Rijswijk offers free advice and support. For complex cases, you can also engage a lawyer via the District Court of The Hague.

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