The tax authorities let it come to a lawsuit, while it was known that the mother would end up on the street with her children, says her lawyer Pejman Salim. He is very displeased with the state of affairs. “Fortunately, the judge now offers a way out.”
Insufficient income
In an as yet unpublished judgment in summary proceedings, which RTL Nieuws and Trouw have at their disposal, the judge says that the case is so urgent that the Tax and Customs Administration must immediately come up with money. The single parent should in any case be out of the woods in the coming months.
The parent was recognized as a victim in the allowance affair in May and already received the first amount of compensation. Because the government did not yet have a regulation for taking over debts, that money was immediately used to repay it. As a result of the affair, this parent also has insufficient income.
–
–
For further compensation for damage, she had to report to the Actual Damage Commission (CWS) specially set up for that purpose. Despite months of consultation, the committee announced that the victimized parent had to continue to wait and see in this case. The tax authorities referred her to the CWS. Both the committee and the tax authorities knew that the victimized parent would be evicted immediately if she could no longer pay her rent on time.
–
–
Last week the hearing of the case was before the preliminary relief judge. There, the Tax and Customs Administration stated that it had to wait for a recommendation from the committee. She found her damage to be insufficiently substantiated, but also indicated that it would only be able to give advice in two weeks – only after eviction had taken place.
Consequential loss of benefits affair
The preliminary relief judge makes mincemeat of the attitude of the Tax Authorities and the CWS. According to the judge, the victim has substantiated her damage in such a way that ‘it can reasonably be assumed’ that more damage must be paid out.
Moreover, an eviction can be seen as ‘consequential damage’ of the allowance affair, the Tax and Customs Administration itself acknowledged during the hearing. Damage resulting from ‘unlawful’ discontinuation and repayment of childcare allowances.
–
–
The judge stated that the Tax and Customs Administration did not have to make itself dependent on the CWS: the law gives the authority to grant an advance. The judge instructs the Tax Authorities to do so in the judgment.
No appeal possible
The tax authorities must provide an amount of which they can pay their rent, energy costs and car costs for three months. The judge assumes that in the meantime the Tax Authorities and the CWS will ensure that there is clarity about the total amount of the extra compensation. No appeal is possible against the decision.
Lawyer Pejman Salim, who assists the victim, has nothing good to say about the course of events. “It is bad, after everything that happened in the allowance affair, that the Tax and Customs Administration is letting it come to a lawsuit. That they are willing to have a woman and her children placed out of their home. They have not been there to help the victimized parent. help, but only to establish one’s own legal right.”
–
–
A spokesperson for the Actual Damages Commission says that this commission “is not intended to solve matters such as an imminent eviction or other emergencies”. According to him, the committee should only consider whether there is a right to additional compensation. The spokesperson refers to the recovery operation of the Tax Authorities and municipalities, which can help in acute financial distress.
Lawyer Salim is also disappointed that State Secretary Alexandra van Huffelen (Supplements) did not take advantage of the opportunity to intervene and did not put an end to the bureaucracy: “She has the authority to intervene in distressing cases – such as a threatened eviction in this case.” She didn’t.”
–
–
