Recovery of Allowances in Den Haag
In Den Haag, the Tax and Customs Administration recovers overpaid allowances such as rent allowance, healthcare allowance or childcare allowance from residents who no longer meet the conditions. This often follows changes in your personal circumstances. As a Den Haag resident, it is essential to understand this process so you can respond promptly and seek assistance from local services like the Juridisch Loket Den Haag.
What does recovery of allowances mean in Den Haag?
The Tax and Customs Administration initiates a recovery of allowances if it later emerges that you received more allowance than you were entitled to. These allowances support Den Haag residents on low incomes, for example rent allowance for expensive housing in neighborhoods like Schilderswijk or Transvaal, healthcare allowance for health insurance premiums, and childcare allowance for childcare costs. Unreported changes, such as a higher income or lower rent, result in repayment, sometimes with interest.
Unlike child benefit administered by the SVB, which is rarely recovered, the 2019 childcare benefits scandal caused significant hardship for parents. Stricter checks and improved safeguards are now in place for Den Haag residents.
Legal basis
The Allowances Act (Tow), particularly Article 31, governs recovery of allowances. The Tax and Customs Administration has five years from the reference year; in cases of fraud, up to 12 years. Procedures are governed by the General Administrative Law Act (Awb), including objection (Article 6:3 Awb) and appeal to the Rechtbank Den Haag.
EU rules and the Childcare Allowance Compensation Act (2021) provide additional protections, particularly following the childcare benefits scandal.
When does the Tax and Customs Administration initiate recovery in Den Haag?
Recovery is triggered by:
- Unreported changes in income, assets, rent or living situation in Den Haag.
- Assets exceeding the limit (e.g. €7,571 for single persons in 2024).
- Fraud or incorrect information.
- Issues with partner-related allowances.
Example: A resident of the Binckhorst receives €300 rent allowance monthly. Due to an income increase from €25,000 to €35,000, €2,400 must be repaid over two years.
Breakdown by allowance type
| Allowance | Conditions for recovery | Maximum period |
|---|---|---|
| Rent allowance | Higher income, lower rent | 5 years |
| Healthcare allowance | Excessive assets | 5 years |
| Childcare allowance | Incorrect hours worked, fraud | 12 years in fraud cases |
Your rights and obligations as a Den Haag resident
Rights:
- Written decision within 8 weeks.
- Objection within 6 weeks (Awb art. 6:7).
- Request for interim relief from the Rechtbank Den Haag in urgent cases.
- Compensation under remedial schemes for errors.
Obligations:
- Report changes immediately via Mijn toeslagen.
- Request installment payments if facing financial hardship.
- Provide evidence with your objection.
Example: Received a letter demanding repayment of €5,000 in childcare allowance? For amounts over €5,000, a hearing is required.
The procedure in Den Haag step by step
- Review: After your income tax return.
- Letter: Provisional assessment or decision by mail.
- Objection: Substantiate within 6 weeks.
- Appeal: After rejection, to the Rechtbank Den Haag (tax division).
- Enforcement: Writ of execution or attachment for non-payment.
In 2023, this involved €1.2 billion nationwide, with a 20% reduction following objections.
Real-life cases from Den Haag
Case 1: Ms. De Vries from Ypenburg receives healthcare allowance. An inheritance boosts her savings to €10,000. Unreported: €1,200 repayment for 2022-2023. After objection with bank statements, it is halved.
Case 2: Mr. Khan from Laakkwartier receives childcare allowance. Working from home invalidates hours logged. Fraud allegation: €8,000 repayment. With help from Juridisch Loket Den Haag, he wins at the Rechtbank Den Haag.
Frequently asked questions for Den Haag
Can I prevent recovery?
Yes, report changes within 8 weeks via Mijn toeslagen and check your provisional assessment annually.
No money to repay?
Request a deferral or payment plan. For debts: debt counseling via the Municipality of Den Haag.
Compensation for Tax and Customs Administration errors?
Yes, via remedial legislation or penalty payments (Awb art. 4:17).
Recovery involving a partner?
No, it is personal, but partner income is taken into account.
Tips for Den Haag residents
Avoid hassle with recovery of allowances:
- Report via the Toeslagen app.
- Test your eligibility with the trial calculation on toeslagen.nl.
- Consult Juridisch Loket Den Haag if in doubt.
- Seek free advice from the Municipality of Den Haag.