Chapter 2
in forceProcedure bij uitvoering door Dienst Toeslagen
The provisions of this Chapter apply to the income-related schemes for which the implementation has been assigned to the Benefits Agency (Dienst…
For the application of this chapter, Title 4.2 and Article 4:125 of the General Administrative Law Act shall not apply, and Article 3:40, Title 4.1…
By way of derogation from Articles 2:7, paragraph 2, and 2:8 of the General Administrative Law Act (Algemene wet bestuursrecht), in communications…
When determining a decision pursuant to this Act, the provisions based thereon, or an income-dependent scheme, the Benefits Agency (Dienst Toeslagen)…
An allowance shall be granted upon application by the Benefits Agency (Dienst Toeslagen).
An application for an allowance with respect to a calculation year may be submitted to the Benefits Agency (Dienst Toeslagen) up to and including 31…
The Benefits Agency (Dienst Toeslagen) shall grant the interested party who submits an application for an allowance before 1 April of the year…
If an advance on the allowance has been granted and a relevant change occurs in the circumstances that are material to the assessment of the…
An interested party, a partner, and a co-occupant shall, upon request, provide the Benefits Agency (Dienst Toeslagen) with all data and information…
If an income tax assessment is determined for the calculation year in the name of the interested party, their partner, or a co-occupant, the Benefits…
If, after the granting of the allowance, it appears from an initial assessment, initial determination or amendment of an income figure…
The Benefits Agency (Dienst Toeslagen) may revise a granted allowance:
In cases to be designated by ministerial regulation, the Benefits Agency (Dienst Toeslagen) shall revise a granted or revised allowance that has…
By Order in Council, types of decisions may be designated which the Benefits Agency (Dienst Toeslagen), if necessary by way of derogation from…
An advance payment granted prior to the commencement of the calculation year to which the advance payment relates shall be paid in 12 instalments…
The Benefits Agency (Dienst Toeslagen) may suspend the payment of an advance in whole or in part if:
A compensation shall be paid within four weeks after the date of the court order.
The Benefits Agency (Dienst Toeslagen) may refrain from paying out an allowance:
By way of derogation from Article 4:89, paragraph 1, of the General Administrative Law Act, payment of an advance or a contribution to the interested…
If a revision of an allowance or a revision of an advance payment leads to an amount to be recovered, or if a set-off of an advance payment against…
If a revision of an awarded allowance or a set-off of an advance against an allowance results in an amount to be recovered, this amount shall not be…
Before the Benefits Agency (Dienst Toeslagen) adopts the decision to grant the allowance as referred to in Article 14, the decision to revise the…
The interested party is under an obligation to pay the amount of a recovery claim to the Benefits Agency (Dienst Toeslagen) within six weeks of the…
In the event of exceeding the payment term referred to in Article 28, interest shall be due with corresponding application of Articles 28 and 29 of…
The Benefits Agency (Dienst Toeslagen) is authorised to set off an amount of recovery owed by the interested party against a benefit or an advance…
Rules regarding the granting of a suspension of payments shall be laid down by ministerial regulation.
By way of derogation from Article 28, the interested party is under an obligation to pay the amount of a recovery as well as the amount of an…
The Benefits Agency (Dienst Toeslagen) may not remit, in whole or in part, the amount of a recovery, the interest related to that recovery as…
By way of derogation from Article 31bis, the Benefits Agency (Dienst Toeslagen) shall, of its own motion, remit the amount of a recovery of a benefit…
If the interested party does not pay the amount of the recovery, including administrative fines, within the prescribed period, the Benefits Agency…
The partner of the interested party is jointly and severally liable for an amount of recovery owed by the interested party, including the interest…
For the performance of the activities assigned to a bailiff by or pursuant to an Act, insofar as those activities are carried out on behalf of the…
By way of derogation from Article 6:8 of the General Administrative Law Act, the time limit for lodging an objection shall commence on the day…
By way of derogation from Article 6:8 of the General Administrative Law Act (Algemene wet bestuursrecht), the time limit for lodging an appeal…
An objection against the granting or revision of an allowance shall, unless the notice of objection indicates otherwise, be deemed to also be…
The operation of a decision of the court or of the preliminary relief judge shall be suspended until the time limit for lodging an appeal has expired…
Public bodies, with the exception of the public bodies of Bonaire, Sint Eustatius and Saba, and legal entities that have acquired legal personality…
The Benefits Agency (Dienst Toeslagen) may, under conditions to be determined by or pursuant to an order in council, provide data necessary for the…
The Benefits Agency (Dienst Toeslagen), the inspector, and the receiver shall exchange the data and information necessary for the implementation of…
For the application of Articles 9a, 16, seventh paragraph, first sentence, preamble and point (c), 23, first paragraph, preamble and point (c), and…
Any person who, pursuant to Article 38, paragraph 1, 2 or 4, is required to provide data or information and has failed to do so, or has failed to do…
Any person who, pursuant to this Act and the provisions based thereon, is required to provide data or information and to whose intent or gross…
The amount referred to in Article 40 shall be amended every five years, effective from 1 January of a year, by ministerial regulation. This amendment…
By way of derogation from Article 5:1 of the General Administrative Law Act (Algemene wet bestuursrecht), the term 'violator' shall also include:
If the offender provides the correct and complete data and information to the Benefits Agency (Dienst Toeslagen) before they know or should…