{"product_id":"vragen-57249-goedemorgen-ik-woon-in-lelystad-en-heb-een-goede-baan-mijn-vriendin-woont-in-de-gemeente-amstelvee","title":"Legal Assistance with Benefit Fraud | Rechtswinkel.nl","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Good morning, I live in Lelystad and have a good job. My girlfriend lives in the municipality of Amstelveen, which I visit regularly. My girlfriend receives benefits but is now suspected of benefits fraud because they suspect that we live together with her. That is completely wrong, but that is beside the point. In a conversation with a social investigator, he said when I was making a statement that he had looked at my bank details to see my PIN behaviour. This does not feel good, of course. Question: can the social investigator request my bank details?\n\n Thank you in advance for your answer.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n No, he is not allowed to do that.\n\n I advise you to file a complaint about this with the police\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nWithout your consent this is not possible. You can first file a complaint with the agency itself and then with the national ombudsman if there is no result.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If your girlfriend's benefits are withdrawn, she can contact me directly for assistance in filing an appeal.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n the municipality relies on the following laws: The research was conducted on the basis of Article 53a paragraph 9 of the Participation Act in relation to Article 5:16 and 5:17 of the General Administrative Law Act and Article 63 paragraph 1 2nd sentence of the Participation Act.\n\n Is this correct? still feels wrong\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n This is certainly not correct, now that article 53a, section 9 of the Participation Act has not existed for years. The municipality should have mentioned section 6 here. The board may then only investigate the person receiving the assistance and the data that person has submitted. Investigation into your bank details is not possible.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThere may be abuse of the investigation by requesting your bank details and not those of your girlfriend. I advise you to file a complaint with the municipality. For further assistance, you can contact us without obligation.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Response from the municipality:\n\n The municipality has investigated whether there is a legal basis for requesting your bank details, namely article 53 a section 6 is the basis for this and with regard to the details of your employer the basis is article 63 section 1 2nd sentence Participation Act. We have indeed informed you incorrectly, for which I offer you our apologies.\n\n\n\n With regard to your comment on Article 5:16\/17, the following: In order to demonstrate a financial entanglement of a so-called co-benefiting partner over a certain period, bank statements may be requested on the basis of Article 5:16 (information) and 5:17 Awb (data and documents\/statements) in conjunction with Article 5:20 Awb (within a reasonable period).\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005541499229,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-57249-goedemorgen-ik-woon-in-lelystad-en-heb-een-goede-baan-mijn-vriendin-woont-in-de-gemeente-amstelvee","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}