Legal assistance with IOAW and AOW questions


Questioner

Can't find my previous question so I'm asking it again. I have a work history, my wife does not. I applied for IOAW benefits a few years ago and have received them in full every month. My wife is retired as of July 9, 2016. (I will not retire until November 8, 2017). I reported this and expected my IOAW benefits to be reduced for that AOW amount. However, the municipality stopped my entire IOAW benefit without any official letter or anything. However, the website of the central government says that IOAW continues until my AOW. The municipality says that I now have to go to SVB for a supplementary benefit (AIO), but that means that my rights that I had as an IOAW recipient expire and I now have to supplement my own deficits from my savings, because I am not entitled to AIO. Can the municipality just stop my IOAW?

Lawyer

I advise you to ask the municipality for a written decision on the termination of your benefit and to appeal against it. If you want, I can help you with that.

Questioner

I immediately contacted the municipality again to receive written confirmation. And after being referred several times, I got someone on the line who finally gave the right answers. The situation is as follows: Based on IOAW art 6 section 1 F and art 6 section 2. The married person is referred to as single after receiving the AOW by the older partner. 6 paragraph 2: The spouse is not entitled to benefits if a circumstance as described in the first paragraph occurs with respect to the spouse or with respect to the unemployed worker. If a circumstance as described in the first paragraph occurs with respect to the spouse, the unemployed worker is considered to be single. Whether I will still receive a single IOAW benefit is the question, because a new situation will probably arise, in which the question is whether the conditions for the IOAW still apply. Do you know more about that?

Lawyer

You will then indeed be considered single. If you have no income yourself, the municipality should continue your benefits. I still think it would be a good idea to ask the municipality for a written decision. Only then will you really know what the municipality's position is. A verbal statement will not help you, because you cannot usually hold the municipality to it.

Questioner

Municipality has responded positively, thanks for pointing in the right direction...

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