If you live in Leiden and have received benefits that you were not fully entitled to, the municipality can recover this amount. This can also happen without you having done anything wrong. Discover in which cases this occurs and what your rights are.
In Which Situations Does the Municipality Recover Benefits?
The municipality of Leiden can recover benefits under various circumstances:
- Failure to comply with the duty to provide information: you have not reported all relevant data
- Deliberate deception: you have intentionally provided incorrect information
- Subsequent discovery of income: it later turned out you had additional income
- Erroneous payment: the municipality accidentally paid too much
- Excessive advance payment: the advance was higher than you were entitled to
How Much Do You Have to Repay?
| Circumstance | Amount to be repaid | Extra sanction |
|---|---|---|
| Error by the municipality | Full excess amount received | None |
| Failure to report changes | Full excess amount received | Possible |
| Intentional deception | Full excess amount received | Up to 100% extra fine |
Sanctions in Case of Fraud
If you fail to comply with the duty to provide information, the municipality of Leiden may impose a fine:
- Standard fine: 50% of the disadvantage amount
- In case of serious negligence: 75% of the disadvantage amount
- In case of intentional conduct: 100% of the disadvantage amount
- Minimum fine: € 150
Arrangements for Repayment
The municipality takes your financial capacity into account:
- If receiving ongoing benefits: maximum 5% deduction per month
- In case of fraud: up to 10% deduction per month
- The garnishment-free foot is always respected
Filing an Objection
You have 6 weeks to object to a recovery decision in Leiden. Pay attention to these points:
- Check if the calculated amount is correct
- Review whether you have correctly reported all changes
- Apply for a payment arrangement if a one-time payment is not possible
Frequently Asked Questions about Recovery in Leiden
Am I required to repay in case of an error by the municipality?
Yes, in principle you must repay even in case of a municipal error. However, you can request remission if you acted in good faith and could not have noticed the error.
What is the limitation period for recovery?
The municipality can recover benefits up to 5 years after the payment. After this period, it is no longer possible.
Is a payment arrangement possible?
Yes, the municipality of Leiden must take your capacity into account. If you cannot pay in one go, you can apply for a payment arrangement.
Extra Frequently Asked Questions
What to do if you receive a recovery decision from the municipality of Leiden?
Check if the calculation is correct and if you reported all changes on time. File an objection within 6 weeks if you disagree. Immediately apply for a payment arrangement if the amount is too high for a one-time payment. Keep all documents and correspondence. If unsure, seek help from the Juridisch Loket Leiden (Stationsweg 46) or a specialised lawyer.
Can the municipality deduct my full benefits for recovery?
No, the municipality may deduct at most 5% of your benefit per month (or 10% in case of fraud). The garnishment-free foot is always protected, so you have enough left for living expenses. You are entitled to a suitable payment arrangement. Request this if the deduction is too burdensome.
How do I prove I am not at fault for undue benefits?
Gather all evidence showing you reported timely and completely, such as emails, letters or digital notifications. Also keep proof of attempts to obtain information (e.g. if an employer did not provide a payslip). Good administration is essential to demonstrate your good faith in an objection procedure.
What if I cannot pay the recovery?
The municipality must respect your capacity. Apply for a payment arrangement with a feasible monthly amount. If no income, the claim can sometimes be temporarily suspended. In exceptional cases, remission is possible, for example in case of good faith and an unavoidable error.
Can I object to a fine imposed by the municipality?
Yes, you have 6 weeks to file an objection against an imposed fine. Contact the Juridisch Loket Leiden or a lawyer for support.
Relevant Institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Juridisch Loket: Juridisch Loket Leiden, Stationsweg 46