Dutch man illegally uses daughter’s digital ID in a major fight against government regulations for disabled

If Geert Benjamins adheres to the rules, he will have to arrange official matters for his severely multiply disabled daughter Lindsay (30) by post, using paper forms. “That’s out of date,” he says.

Make an appointment with a doctor or speech therapist. Claiming medical expenses, filing tax returns, it’s all done digitally. “You cannot do a digital consultation on paper. You even have to read a treatment report from the hospital via DigiD,” says Benjamins.

Legally regulated

Benjamins and his wife are authorized to arrange matters for their daughter. A judge has appointed them as curators. But it is precisely the fact that it has been arranged that frustrates him. “If a child turns 18 and is mentally disabled and therefore incapacitated, it is wise that a legal representative is appointed by the court. This is a protective measure. We are the legal representative of Lindsay, but the government recognizes this decision.”

Because you will run into problems when applying for a DigiD. You can only apply for a DigiD for yourself, not for anyone else. The government plans to regulate this by means of authorizations in the near future.”

Officially, Lindsay will soon have to authorize her parents. “But she has the mind of a one-year-old child. She cannot even talk, let alone sign a cross or understand the word ‘authorization’. It would be logical if, when applying for a DiGiD for Lindsay, she would soon be asked about number of the court order and a reference to the curator register.”

Been playing for years

Today a report from the Ombudsman was published showing that digital access is still not properly arranged for legal representatives and people who do digital business with the government on behalf of a loved one.

The problem has been going on for years and the State Secretary has already promised improvement. Unfortunately, so far without results. The Ombudsman writes that this often makes it ‘impossible’ to get anything done.

Not a priority

Although there is now a digital system that can authorize people, in practice this is only possible in 24 of the 342 municipalities.

The promise to increase digital accessibility has been around for more than ten years, writes the National Ombudsman. “It does not seem to have a priority, while it concerns a large group of people,” ombudsman Reinier van Zutphen said. In the Netherlands, approximately 273,000 people are under administration.

Geert Benjamins was chairman of EMB Nederland, an association for people with severe multiple disabilities (EMB), for many years. He is also committed to KansPlus, an interest network for the mentally disabled. Since 2017, he has been sending letters to the House of Representatives on behalf of various associations to draw their attention to the problems. “I just don’t get it; we can fly to the moon, but we can’t get a few check marks taken care of?”

Feasible plan

The Ombudsman now wants the State Secretary to come up with a ‘clear and feasible plan of action’ within three months. “The government must step up its game so that everyone can participate,” concludes Reinier van Zutphen.

Geert Benjamins created a DigiD on behalf of his daughter, against the rules, and has been doing business through her account for years. “I have been filling out my daughter’s tax form illegally for 12 years. The government accepts this. I am not afraid of this civil disobedience, but many people around me are, they do not dare to break the law because they are afraid of the consequences.”

That makes him angry. “We’re having a hard enough time, why aren’t things like this made easier?”

2023-12-12 13:56:46
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