Objection and Appeal against Recovery of Welfare Benefits
If you disagree with a decision to recover welfare benefits due to alleged fraud, you can lodge an objection. This is a crucial right enshrined in the General Administrative Law Act (Awb). Within six weeks of receipt of the decision, you must submit a written objection to the municipality.
The Objection Phase
In the objection phase, the municipality hears your side of the story. You can present new facts, call witnesses, or engage experts. The municipality must decide within eight weeks (extension possible). If the objection is rejected, a draft decision follows with a hearing procedure.
Procedure before the Court
After rejection of the objection, you can lodge an appeal with the administrative court within six weeks. Legal assistance is recommended here. The judge reviews whether the municipality has acted correctly in accordance with the Participation Act. Suspensive effect is possible: payment is suspended until judgment.
Tips for Success
- Gather evidence in a timely manner
- Request deferral of payment
- Consider mediation for a quick solution
By proceeding in a timely and correct manner, you can prevent or mitigate unjustified recoveries. Always consult a lawyer for personal advice.
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