When does the SVB reclaim your AIO supplement?
The SVB can reclaim your AIO supplement in full or in part if it later appears you received too much. Common causes include:
- You did not report changes in time (e.g., cohabitation, extra income, or asset changes)
- An audit reveals more assets than you declared
- You moved abroad without reporting it
- The SVB made an administrative error
The reclaim can span multiple years and quickly reach thousands of euros. Additionally, the SVB may impose an administrative fine.
The administrative fine
The SVB imposes a fine if you violated your duty to provide information. The fine amount depends on the severity of the violation:
- 100% of the overpaid amount for intentional fraud
- 75% for gross negligence
- 50% for normal culpability
- 25% for reduced culpability
Filing an objection against reclaim and fine
You have six weeks after the decision to file an objection. Note that reclaim and fine are often separate decisions requiring separate objections.
Strong grounds for objection against reclaim
- The SVB incorrectly calculated the reclaim amount
- You did report changes in time but the SVB didn't act on them
- The SVB made an error (in some cases, no reclaim applies)
- You cannot pay and request a payment arrangement or remission
Strong grounds against the fine
- There is no culpability: you didn't know and couldn't have known you had to report something
- The SVB incorrectly assessed the degree of culpability
- The fine is disproportionate given your financial situation
Appeal
If your objection is denied, you can appeal to the district court within six weeks. Further appeal is possible at the Central Appeals Tribunal (CRvB).
Contact Arslan & Arslan Advocaten at 070 4500 300 or visit arslan.nl.