In today's interim ruling, the judges ruled that UWV looked too strictly at its own interests in the previous decision and took too little account of its own errors. The Appeal Board also believes that the UWV has not paid enough attention to the current social trend that the government should not be disproportionately hit hard by “citizen interests”.
The error was discovered 3 years later
The case revolves around Pascal, who receives Wagong benefits due to a psychological disability. He always said frankly when he started training or had part-time jobs. This affects the benefit amount, but UWV has continued to pay it without reducing the amount.
When the error was discovered in 2019 three years later, Pascal suddenly received a claim: he had to repay €14,403.66 of the excess funds received. He appealed that decision in court, but a judge ruled in favor of UWV in 2021.
The Appeals Board is therefore asking UWV to reconsider the case. The agency should take account of its errors openly: “The man was known to have part-time jobs, but this was not reported internally. As a result, the amount was unnecessarily increased. The UWV share was not wrongly taken.” This is a flaw in this decision and must be corrected by the UWV.
New social visions
In addition, the CRvB informed the UWV that “views on government behavior towards citizens have changed significantly in recent years.” In the new treatment, the case must be weighed “in a way more consistent with current social views.”
The authority must also consider “whether the consequences of the man’s recovery are serious.” The Council believes that the interests of the government were given priority in the previous ruling in a very one-sided manner. The new weighting must recognize the interests of both parties. “The Council here merely comments: The result must not be disproportionate.”
CRvB previously asked Solicitor General Ruth de Bock for advice. Its conclusion was also that the UWV had not adequately taken into account its negligence.
