Dutch Legislation

Chapter 2

in force

Procedure bij uitvoering door Dienst Toeslagen

Income-Dependent Schemes Act (Awir) (Algemene wet inkomensafhankelijke regelingen) · Articles: 49

11 Article 11

The provisions of this Chapter apply to the income-related schemes for which the implementation has been assigned to the Benefits Agency (Dienst…

12 Article 12

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…

13 Article 13

By way of derogation from Articles 2:7, paragraph 2, and 2:8 of the General Administrative Law Act (Algemene wet bestuursrecht), in communications…

13b Article 13b

When determining a decision pursuant to this Act, the provisions based thereon, or an income-dependent scheme, the Benefits Agency (Dienst Toeslagen)…

14 Article 14

An allowance shall be granted upon application by the Benefits Agency (Dienst Toeslagen).

15 Article 15

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…

16 Article 16

The Benefits Agency (Dienst Toeslagen) shall grant the interested party who submits an application for an allowance before 1 April of the year…

17 Article 17

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…

18 Article 18

An interested party, a partner, and a co-occupant shall, upon request, provide the Benefits Agency (Dienst Toeslagen) with all data and information…

19 Article 19

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…

20 Article 20

If, after the granting of the allowance, it appears from an initial assessment, initial determination or amendment of an income figure…

21 Article 21

The Benefits Agency (Dienst Toeslagen) may revise a granted allowance:

21a Article 21a

In cases to be designated by ministerial regulation, the Benefits Agency (Dienst Toeslagen) shall revise a granted or revised allowance that has…

21b Article 21b

By Order in Council, types of decisions may be designated which the Benefits Agency (Dienst Toeslagen), if necessary by way of derogation from…

22 Article 22

An advance payment granted prior to the commencement of the calculation year to which the advance payment relates shall be paid in 12 instalments…

23 Article 23

The Benefits Agency (Dienst Toeslagen) may suspend the payment of an advance in whole or in part if:

24 Article 24

A compensation shall be paid within four weeks after the date of the court order.

24a Article 24a

The Benefits Agency (Dienst Toeslagen) may refrain from paying out an allowance:

25 Article 25

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…

26 Article 26

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…

26a Article 26a

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…

26b Article 26b

Before the Benefits Agency (Dienst Toeslagen) adopts the decision to grant the allowance as referred to in Article 14, the decision to revise the…

27 Article 27 repealed
28 Article 28

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…

29 Article 29

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…

29a Article 29a repealed
30 Article 30

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…

31 Article 31

Rules regarding the granting of a suspension of payments shall be laid down by ministerial regulation.

31a Article 31a

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…

31bis Article 31bis

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…

31ter Article 31ter

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…

32 Article 32

If the interested party does not pay the amount of the recovery, including administrative fines, within the prescribed period, the Benefits Agency…

33 Article 33

The partner of the interested party is jointly and severally liable for an amount of recovery owed by the interested party, including the interest…

34 Article 34

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…

35 Article 35

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…

36 Article 36

By way of derogation from Article 6:8 of the General Administrative Law Act (Algemene wet bestuursrecht), the time limit for lodging an appeal…

37 Article 37

An objection against the granting or revision of an allowance shall, unless the notice of objection indicates otherwise, be deemed to also be…

37a Article 37a

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…

38 Article 38

Public bodies, with the exception of the public bodies of Bonaire, Sint Eustatius and Saba, and legal entities that have acquired legal personality…

38a Article 38a

The Benefits Agency (Dienst Toeslagen) may, under conditions to be determined by or pursuant to an order in council, provide data necessary for the…

39 Article 39

The Benefits Agency (Dienst Toeslagen), the inspector, and the receiver shall exchange the data and information necessary for the implementation of…

39a Article 39a

For the application of Articles 9a, 16, seventh paragraph, first sentence, preamble and point (c), 23, first paragraph, preamble and point (c), and…

40 Article 40

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…

41 Article 41

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…

41a Article 41a

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…

41bis Article 41bis

By way of derogation from Article 5:1 of the General Administrative Law Act (Algemene wet bestuursrecht), the term 'violator' shall also include:

42 Article 42

If the offender provides the correct and complete data and information to the Benefits Agency (Dienst Toeslagen) before they know or should…

42a Article 42a repealed