The municipality of Rijswijk can recover social assistance benefits if you have received undue payments, even if you are not at fault. Discover in which cases this occurs and what rights you have.
When Can Recovery Take Place?
In Rijswijk, the municipality can recover benefits under various circumstances:
- Failure to Comply with Reporting Obligation: you have not reported all relevant information
- Intentional Misrepresentation: you have deliberately provided incorrect information
- Later Income Information: income that only became known afterwards
- Erroneous Payment: the municipality made a mistake
- Overpaid Advance: your advance was higher than you were entitled to
Amount of Recovery
| Circumstance | To Be Repaid | Fine |
|---|---|---|
| Error by Municipality | 100% of the overpaid amount | None |
| Failure to Report | 100% of the overpaid amount | Sometimes |
| Intentional Fraud | 100% of the overpaid amount | Maximum 100% additional |
Fines for Improper Conduct
If you fail to comply with the reporting obligation in Rijswijk, a fine may be imposed:
- Standard Fine: 50% of the detriment amount
- In Case of Serious Negligence: 75% of the detriment amount
- In Case of Intentional Fraud: 100% of the detriment amount
- Minimum Fine: € 150
Repayment Arrangements
The municipality of Rijswijk must take your financial situation into account:
- With benefits: maximum 5% deduction per month
- In case of fraud: maximum 10% deduction per month
- The garnishment-free foot must always be respected
Filing an Objection
You have 6 weeks to object to a recovery decision in Rijswijk. Pay attention to the following:
- Check if the calculated amount is correct
- Review whether you have reported all changes
- Request a payment arrangement if a lump-sum payment is not possible
Frequently Asked Questions
Am I required to repay in case of an error by the municipality?
Yes, in principle you must repay, even in case of an error by the municipality of Rijswijk. However, you can apply for remission if you acted in good faith and could not have noticed the error.
How long does the municipality have to recover benefits?
The limitation period is 5 years. After this period, the municipality can no longer recover anything.
Is a payment arrangement possible?
Yes, the municipality of Rijswijk must take your ability to pay into account. In case of payment problems, you can request an arrangement.
Additional Frequently Asked Questions
What to do in case of a recovery decision by the municipality of Rijswijk?
Check if the calculation is correct and whether you have reported all changes. File an objection within 6 weeks if you disagree. Request a payment arrangement immediately if you cannot pay everything at once. Keep all documents and correspondence. For help, you can contact the Juridisch Loket Rijswijk or a specialised lawyer.
Can the municipality deduct my entire benefit?
No, the municipality may deduct a maximum of 5% of your benefit per month (10% in case of fraud). The garnishment-free foot must always be respected, so that you have enough left for living expenses. Request a suitable arrangement if the deduction is too burdensome.
How do I prove that I am not at fault for undue benefits?
Gather evidence such as emails, letters or digital notifications showing that you have reported everything correctly. Also keep documentation of attempts to obtain information. Good administration helps in an objection procedure to prove your good faith.
What if I cannot pay the recovery?
The municipality of Rijswijk must respect your ability to pay. Request a payment arrangement with a feasible monthly amount. In case of no income, the recovery can sometimes be deferred. In some cases, remission is possible if you acted in good faith.
Can I object to a fine?
Yes, you can file an objection against a fine by the municipality of Rijswijk within 6 weeks.