The municipality of Westland can recover benefits if you have received an undue payment, even if you are not at fault. Discover in which cases this occurs and what your rights are.
When Can Recovery Take Place?
In various situations, the municipality of Westland may decide to recover benefits:
- Failure to comply with information obligation: you have not provided all required information
- Fraud case: you have deliberately provided incorrect information
- Income discovered afterwards: income became known only later
- Erroneous payment: the municipality made a mistake
- Excessively high advance payment: you received an advance that was too high
Amount of Recovery
| Situation | Amount to be Repaid | Fine |
|---|---|---|
| Error by municipality | Full overpaid amount | None |
| Failure to report change | Full overpaid amount | Possible |
| Intentional deception | Full overpaid amount | Maximum 100% extra |
Fines for Fraudulent Conduct
If you fail to comply with the information obligation, the municipality of Westland may impose a sanction:
- Standard fine: 50% of the disadvantage amount
- In case of serious negligence: 75% of the disadvantage amount
- In case of deliberate fraud: 100% of the disadvantage amount
- Minimum sanction: € 150
Repayment Arrangements
The municipality must take your financial situation into account:
- With ongoing benefits: maximum 5% deduction per month
- In case of fraud: maximum 10% deduction per month
- The garnishment-free foot is always respected
Filing an Objection
You have 6 weeks to object to a recovery decision. Pay attention to the following points:
- Check the correctness of the calculation
- Review whether you have reported all relevant information
- Request a payment plan if a lump-sum payment is not possible
Frequently Asked Questions about Recovery in Westland
Am I required to repay in case of a municipal error?
Yes, in most cases you must repay, even in the event of a municipal error. However, you can apply for remission if you acted in good faith and could not have noticed the error.
What is the limitation period for recovery?
The period is 5 years. After this period, the municipality can no longer demand recovery.
Is a payment arrangement possible?
Yes, the municipality of Westland must respect your ability to pay. In case of payment problems, you can request an arrangement.
Extra Frequently Asked Questions
What to do upon receiving a recovery decision?
Check the calculation and whether you have reported all changes. File an objection within 6 weeks if you disagree. Request a payment arrangement in case of financial problems. Keep all documentation and seek legal assistance via the Juridisch Loket Westland if necessary.
Can the municipality deduct my entire benefit?
No, the deduction is limited to 5% per month (10% in case of fraud). The garnishment-free foot is always respected, so that you have sufficient left for living expenses.
How do I prove that I am not at fault?
Gather evidence such as emails, letters, or digital notifications showing that you acted correctly. Good record-keeping helps demonstrate your good faith during an objection procedure.
What if I cannot pay?
The municipality must take your ability to pay into account. Request a payment arrangement or, in extreme cases, remission if you acted in good faith.
Objection to a fine?
Yes, you can file an objection within 6 weeks against an imposed fine. Contact the Juridisch Loket Westland for support.
Relevant Authorities: District Court of The Hague (district), Juridisch Loket Westland