Legal assistance for AOW and cohabitation issues

Questioner

I am an AOW-er. I do not have a permanent residence or abode in the Netherlands. I am abroad at least 50% of my time at different addresses, where I legally reside (visa), but am not allowed to live permanently (including Israel, USA). I therefore report once every 3 months to an SVB office in the Netherlands to prove that I am still alive. After all, I cannot send the annual letter from the SVB from abroad, because I do not officially live anywhere there either. I also state that I have the right to live like this. The SVB has so far agreed with this and is cooperative, but I sometimes get the impression that they do not like the fact that they cannot check whether I am living with another elderly person. My questions: 1. Who has the burden of proof for whether or not there is cohabitation in THIS case? 2. Isn't it strange that I - having paid for my AOW my entire working life - could now be cut, while I have paid the full amount? If 2 people earn the same salary, they don't say to one of them, you get less because you have fewer expenses? They turn the AOW into a kind of assistance ... from a right to a favor. That happens so secretly and gradually. 3. Any tips in my case? (again, I will receive my AOW pension properly, but you never know for the future). Please only answer if you have mastered this subject, otherwise it is of little use to me.

Lawyer

The burden of proof for whether or not you are living together lies with the SVB. However, there are a number of legal presumptions on the basis of which cohabitation is considered to exist. The SVB does not have to prove this. An example of such a legal presumption is if you were to live in the same home as someone you were married to or had a child with. If such a situation occurs, you are considered to be living together and you will jointly receive 1 benefit.

Questioner

Thank you very much. I understand of course. that you cannot specifically answer this question. I may contact you soon. I wanted to give you some stars, but I did not do that properly. So sorry if you have few stars. I will come back to it. Kind regards.