Objection and Appeal against Recovery of Social Assistance in Amsterdam
In Amsterdam, where the Work and Income Department (DWI) is responsible for social assistance benefits, you can lodge an objection if you disagree with a decision to recover social assistance, often due to alleged fraud or incorrect asset disclosure. This right is regulated in the General Administrative Law Act (Awb). You must submit a written objection to the Municipality of Amsterdam within six weeks of receipt of the decision, via the online portal on amsterdam.nl or by post to DWI.
The Objection Phase at the Municipality of Amsterdam
The Amsterdam DWI will hear you during the objection phase. You may submit new facts, invite witnesses or consult a financial expert, for example regarding Amsterdam rent allowance rules. The municipality decides within eight weeks, with possible extension. Upon rejection, you will receive a notice of intent decision, followed by a hearing at a location such as the city hall or a district office. Note Amsterdam's stricter fraud policy under the Participation Act.
Procedure at the Amsterdam District Court
After rejection of your objection, you can lodge an appeal within six weeks at the administrative division of the Amsterdam District Court, sector Administrative Law, at Piet Heinkade. Legal assistance via the Amsterdam Legal Aid Office or subsidized lawyers is strongly recommended. The judge verifies whether DWI acted correctly under the Participation Act. Request suspensive effect: repayment is suspended until the judgment.
Tips for Success in Amsterdam
- Gather evidence such as bank statements and rental agreements from the Amsterdam land registry
- Immediately submit a request for deferral of payment to DWI
- Consider mediation via the Amsterdam neighbourhood team or Neighbourhood Law for a quick settlement
- Consult the free clinic of the Legal Aid Office in your district
By acting timely and purposefully within the Amsterdam procedures, you prevent or limit undue recoveries. Always seek personal advice from a lawyer specialized in Amsterdam social law.
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