Schadefonds Payment Conditions for Victims in Amsterdam
The Schadefonds payment conditions set out the requirements that victims of violent crimes in Amsterdam must meet to receive a payment from the Schadefonds Geweldsmisdrijven. This fund supports Amsterdammers with serious injuries or surviving relatives of deceased victims, especially when the perpetrator offers no compensation. In the vibrant city of Amsterdam, where violent incidents unfortunately occur, this fund fills gaps in criminal and civil law remedies.
What is the Schadefonds for Amsterdammers?
The Schadefonds Geweldsmisdrijven is a national government fund providing financial assistance to victims of serious violent offenses, including those in Amsterdam. The conditions are enshrined in law and are essential for your application to the Amsterdam District Court. This article explains what Amsterdammers need to know to file a successful claim.
Legal Basis in Practice for Amsterdam
The payment conditions stem from the Compensation for Victims of Violent Crimes Act (WTSGV), effective from 1 January 2014 (Bulletin of Acts and Decrees 2012, 701). Relevant articles:
- Article 1 paragraph 2 WTSGV: Violent crimes such as murder, manslaughter, grievous bodily harm, rape or human trafficking, often handled by the Amsterdam District Court.
- Article 3 WTSGV: Compensation for serious injury or death.
- Article 4 WTSGV: Minimum disability of 17% per the List of Injury Index Figures.
- Article 5 WTSGV: Exclusion if perpetrator pays or due to victim's own fault.
- Article 8 WTSGV: Application within 3 years of the offense.
Managed by the Ministry of Justice and Security, the fund seamlessly applies to Amsterdam cases involving local police and the Amsterdam District Court.
Essential Payment Conditions for Amsterdam
You must meet all criteria for a payment. Overview for Amsterdammers:
- Violent crime in the Netherlands: Committed in Amsterdam or elsewhere in the Netherlands, as defined in art. 1 WTSGV. Filing a report with Amsterdam police is key.
- Serious harm: At least 17% disability or death, proven with medical records.
- Criminal proceedings: Report filed, with police or Amsterdam District Court investigation concluded (conviction, dismissal or discharge).
- No alternative compensation: Only if the perpetrator is insolvent; any pain and suffering award must be offset.
- Timely application: Within 3 months of the Amsterdam District Court judgment or dismissal, maximum 3 years after the incident.
- No fault of your own: Provocation may result in reduction or rejection.
Tip: Surviving relatives in Amsterdam benefit from relaxed rules in fatal violence cases.
Comparison of Payments: Victim vs. Surviving Relatives
| Aspect | Victim with Injury | Surviving Relatives on Death |
|---|---|---|
| Maximum payment | €35,000 (material + immaterial) | €75,000 (bereavement + costs) |
| Disability requirement | Min. 17% | Not applicable |
| Application period | 3 years after offense | 3 years after death |
| Examples of costs | OLVG Hospital, therapy, loss of income | Funeral, loss of income |
Practical Examples from Amsterdam
Example 1: Assault on Damrak
Amsterdam resident Mei Bakker (35) sustains a whiplash (25% disability) in a street robbery. Perpetrator convicted by the Amsterdam District Court but fails to pay. After filing the report and receiving the judgment, she applies within 3 months: €20,000 approved for care and pain and suffering.
Example 2: Surviving Relative after Stabbing in Oost
Father Ahmed dies in an incident in Amsterdam-East. Wife and children receive €50,000: €15,000 bereavement per child plus funeral costs. The Amsterdam police investigation met requirements.
Example 3: Rejection
Domestic violence victim with 10% disability falls short of 17%. Rejected, but referred to Amsterdam Legal Aid Desk and Victim Support.
Rights and Obligations as an Amsterdam Applicant
Rights:
- Free application via schadefonds.nl.
- Objection/appeal to the Amsterdam District Court (art. 10 WTSGV).
- Advance payment in urgent cases.
- Assistance via Amsterdam Legal Aid Desk.
Obligations:
- Submission: Amsterdam police report, medical reports, police statement.
- Repayment if later compensated by perpetrator.
- No duplicate claims.
Frequently Asked Questions for Amsterdammers
Am I eligible if the perpetrator is unknown?
Yes, with an Amsterdam police investigation and dismissal due to unknown perpetrator. Other conditions apply.
What if disability is under 17%?
Rejection. Consider civil proceedings via the Amsterdam District Court or Compensation for Moral Harm Act. Consult the Amsterdam Legal Aid Desk.
How long does the decision take?
Average 6 months. Advance payment possible for lengthy proceedings at the Amsterdam District Court.