News item | 12-07-2023 | 06:23
Enforcement of social security rules must be based more on trust in people. The proposal gives executors various options for responding appropriately to a violation: a warning, a suspended or non-suspended fine or by refraining from a punishment.
The government wants UWV, the SVB and municipalities to be given more scope to take the personal circumstances of citizens into account. In order to be able to impose an appropriate sanction, the bill provides a framework with various factors that must be taken into account. For example, the nature of the error, the personal circumstances, how culpable the error was and to what extent the executor can be blamed. After a violation has been established, an explanation interview is also held as standard, in which the person involved can explain what went wrong and the implementing agency can explain the obligations associated with a benefit.
In the event of serious misconduct towards civil servants, the bill proposes to transfer these cases directly to the Public Prosecution Service. If the Public Prosecution Service decides not to prosecute, the benefit agency can still impose a fine.
Finally, it is proposed that benefit agencies may look back a maximum of five years when establishing a violation. This term is only extended to a maximum of 10 years in cases involving actual misuse. As a result, data subjects need to keep their records for less time. This reduces the administrative burden and burden of proof for citizens.
People can also respond to the ‘Regulation for enforcement of administrative fines and recovery of undue payments’. This scheme makes it possible to take more account of the personal circumstances of those involved when collecting and reclaiming allowances and other social schemes.
Responding to the bill and the regulation is possible until 5 September.
Anyone who wants to can respond and give their opinion on the bill at internetconsultatie.nl