Legal assistance with welfare problems

Questioner

Good day, I applied for social assistance on December 1st. They asked me about my bank accounts and whether I have any assets. I have no assets and the bank accounts have been handed over. This morning I received a letter inviting me for an interview. The letter also included a few descriptions of items I'd purchased on eBay, ranging from a few euros to the most expensive purchase in September 2019, which was €116. They wanted me to explain these purchases and show them invoices. The letter didn't specify a reason. I'm wondering should I participate in this?? Yours sincerely,

Questioner

Bank statements for the past three months -> required. You must be able to explain your income. How you spend your money is irrelevant. The municipality has nothing to do with it. Unless you've incurred so many expenses that they wonder how you managed to afford them. In that case, you're suspected of (illegal) secondary income. I advise you to take the statements with you, but not to show them initially. You can ask the official for the reason. If they have a good reason, you are still required to show them. If it's just curiosity, you are not obligated to do so. In that case, be aware that they may have difficulties with the award. Therefore, consult a specialized social security lawyer. They are members of the Association of Social Security Lawyers (SSZ). The first consultation is often free, as is the case at my office.

Questioner

Hello Mr. van Deuzen. Thank you for taking the time to answer my question. They've had the statements showing these expenses since the intake interview. They're now asking for the invoices for these expenses, probably to see what kind of items I bought. The average amount I spent was €233 per month. My income from work and unemployment benefits was eight times higher. So I could easily afford €233 per month at that time. I don't have any additional income. If this kind of information is requested, shouldn't it be disclosed in the same letter requesting it? I'm starting to suspect that social services is abusing the term "suspected fraud" to delve further into my personal expenses, and/or that I'm then expected to prove their suspicions wrong, thereby attempting to torpedo my social assistance application. Thank you in advance.

Questioner

If the amount is €233.00 per month during a period when you were not yet receiving social assistance and had more than enough income to pay this amount, you are generally not required to agree. If the municipality finds otherwise, it will have to explain its decision. According to case law of the Central Appeals Tribunal, you are even allowed to mask expenses, and the municipality may only request this information based on well-founded suspicions that something is inaccurate. If you have any further questions after this answer, you can contact me as a specialized lawyer or one of the other SSZ lawyers.

Questioner

Hello Mr. van Deuzen. I will not cooperate with their request. As far as I've been able to determine, municipalities are not allowed to request this unless there's a valid reason, and the municipality should have stated this reason in the letter. This wasn't the case. The reason given is that otherwise, they cannot assess the entitlement to benefits. They refer to Article 17, paragraph 1, and if I don't comply, they state that a measure can be imposed that entails the recovery of an advance payment or benefit paid in full, plus a fine equal to the amount of the recovered benefit. I will leave it to the discretion of the court and will legally challenge any negative decision. I thank you for your help in this matter.

Questioner

Please let me or another lawyer affiliated with the SSZ assist you.

Questioner

I have legal representation through the union, so if it were to come to that, there's a good chance this case could end up with you. I wanted to let you know how the conversation went. I've never attended a welfare application decision-making meeting where a social investigator was present to type up a report. I even recorded the meeting. I had to start by explaining the expenses, or rather, I had to explain what I'd bought and why. I didn't answer that because there's still no clear reason why I should have to answer. After that, the applications were reviewed, and then I had to answer a list of questions, such as, "Why did your father buy an old car three years ago, and why are you driving it?" Of course, they also asked about what I'd bought, why I'd bought something at a gas station. One question was about how I got to and from work, and what kind of vehicle I used. I did question why they'd want to know how I got to work, especially if I wasn't receiving benefits during that period. I can honestly say this feels more like a fraud investigation than a decision-making meeting. In any case, no decision has been made on the application. That could take another eight weeks. So I'll have to wait for the results. Greetings P.

Questioner

Just a quick update: the municipality sent a registered letter again requesting the same information, stating: "Failure to provide the above information may affect the determination of your entitlement to social assistance benefits, with a reference to Article 17, paragraph 1. Naturally, the letter also states that failure to provide this information may result in an administrative fine consisting of a full refund of any benefits or advances already paid, gross, plus a fine equal to the amount recovered." I'm wondering if these kinds of harsh sanctions can even be imposed for not providing information that isn't even relevant to a social assistance application unless there's a valid reason, but that's not given. I did ask about this during the interview, but even then, no answer was given. I also wonder, since I only submitted an application and didn't make a decision on it at all, and technically don't receive any benefits at all, if I can even be punished so severely? I'll draft a letter this weekend stating that the requested information will not be provided and deliver it personally. I'm leaving it to chance now because the municipality itself is clearly in violation of GDPR regulations. Greetings and have a nice weekend, Paul.

Questioner

How can I contact you? I'm a member of the FNV. The first application has now been rejected because, according to the municipality, I haven't provided invoices or verifiable supporting documents for the requested expenses. Therefore, it cannot be determined whether and, if so, to what extent you fall within the circle of entitled parties as stipulated in Article 11, paragraph 1, of the Participation Act. The reason why this cannot be determined is not stated. I contacted the FNV (Dutch Federation of Trade Unions) about this, but the lawyer saw no point in this and advised me to black out the expenses in the next application so that their content cannot be disputed. So, for the second application, I blacked out the expenses except for the amounts, in accordance with the GDPR. However, on April 23rd, I received a letter stating: "You are now submitting a new application, and we have a valid reason to request your bank statements without the blacked-out information." Despite my request, the details of this valid reason are still not disclosed or explained. I was given seven days from the date the letter was signed to submit the documents. I'm starting to feel like I have to be the one to use the municipality's tactics to beat me and deny me social assistance.

Questioner

Dear sir, You have 2 options: 1. You can call the FNV contact center. You can then ask whether the FNV will handle the case, free of charge. 2. You can email the documents to me (deuzen@advocatenkantooroudegracht.nl). I will then request legal aid. You can then reclaim the €148.00 personal contribution through special assistance. Ultimately, it's free in this situation. Ad 1 and 2. The choice is yours. As far as I'm concerned, choose 2.

Questioner

Hello Mr. van Deuzen. I sent the requested documents to social services today, but the contents of the transcripts are still obscured. I've now requested the reason and motivation in writing in the cover letter because when I ask verbally, I get no response and the social services worker cuts it off. For safety's sake, I recorded the conversation. I'm sure the answer or response won't be long in coming. If the answer is negative, I'll get back to you and go with option 2.

Questioner

Hello MR. van Deuzen. As I mentioned before, the response comes quickly. My written question refers to the first application, where I refused to provide a substantive answer about expenses incurred, for example, at a gas station or PayPal purchases made through a company that also sells car parts. I don't own a car myself. Oh, I forgot, I also had my father's car inspected while he was in the hospital (they don't believe this either, and I have to prove it). This happened before the first benefit application, and they consider that a valid reason to want to review the expenses again for the second application. So I can conclude that I'm already considered a fraudster/illegally working, and now they want to see the expenses so they can question them again, and I have to prove the opposite. And how do you prove something that doesn't exist? I'm at a loss.

Questioner

Ir/Madam, You can submit the case to either the FNV or me. The free consultation service on this website has ended (you have already received several consultations). Please note that this website will be offline for a few days. deuzen@advocatenkantooroudegracht.nl.