decisions under the aor act

Decisions under the AOR ActA guide to the decision you have received

Contents What you will find in this leaflet 2

How the decision is structured 3

Wartime incidents covered by the AOR scheme 4

War injuries 5

Nationality 5

Overlap with Wuv/ Wubo/ Wiv schemes 5

Monthly incapacity benefit 6

Contributions towards costs 7

Benefit for a surviving partner 9

Review and appeal 10

The most important Articles of the AOR and Awb Acts 11

Contact details 19

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Decisions under the AOR Act 2 of 19

In this leaflet, you will find general information on our

decisions. A decision is a letter stating and explaining the

decision that has been taken on an application. You have

received a decision from us because you submitted an

application for financial support.

What you will find in this leaflet

It is important to us that everyone understands what a decision says, so we try to avoid using complicated legal terms. However, certain terms may not always be entirely clear. This leaflet explains the contents of a decision and is for reference purposes only. You may be able to understand the decision you have received without having to read all the information in the leaflet first.

A decision will not necessarily contain all the subjects discussed in this leaflet. It depends on what the application was for. Your decision only concerns your own application.

If you are the surviving partner of a civilian war victim, the section entitled ‘Benefit for a surviving partner’ will be relevant for you.

At the back of this brochure, you will find an English translation of the most relevant Articles of the AOR and the Awb Acts. Your decision states which legislative articles were used in processing your application.

If you need more informationAfter reading this leaflet, if you still have questions about the decision, or the leaflet itself, you can phone the staff member who sent you the decision. His or her telephone number is shown in the top right-hand corner of the decision letter. If you call us for information, please have your correspondence number at hand, so that we can find your file quickly.

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How the decisionis structured

In our decisions, the inforwmation is given in short blocks of text under different headings. Under each heading, you will find details relating to the decision on your application. This structure is designed to give you a clear overview of the information you need.

Blocks of textBelow is a list of the blocks of text used in a decision and an explanation of the information they contain.

Block with details concerning the decision; top right-hand cornerIn the block in the top right-hand corner of the first page of the decision, you will find the following details relating to the decision: - your correspondence number; - your Burgerservicenummer; - the number of the decision; - the number of enclosures; - the name of the person who sent you the decision; - a telephone number you can call for more information about the decision; - the date of the decision.

First paragraphThe first paragraph states the application on which the decision was taken. (You may have submitted more than one application to us.)

Heading ‘Decision’Under this heading, you can read what was decided on your application, and what has been awarded, rejected or withdrawn. If the decision contains an award, it will also give the date on which it takes effect (commencement date). Heading ‘Important information on the decision’Under this heading, you will find more information about the decision. This text block explains why your application was granted or rejected. It also explains the amount(s) awarded and any special conditions that may apply.

Heading ‘Legislative articles on which the decision is based’Under this heading, you will find a summary of the Articles that served as the basis for the decision. The full text of these Articles is given at the back of this leaflet.

Heading ‘Request for review’Under this heading, you can read what to do if you do not agree with the decision on your application. It also states how much time you have to request a review.

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SignatureThe person who signed the decision is responsible for deciding on your application. If you submit an application for the first time, it will be assessed by the Pension and Benefit Board (PUR). This will also be the case if your first application was rejected in full.

The Sociale Verzekeringsbank (Leiden Branch Office) decides on the other applications, and is responsible for implementation of the AOR Act. The policy rules for decision-making were drawn up by the Pension and Benefit Board and the former AOR Committee.

Further informationIn the following chapters, you will find further information on a number of important subjects in the decision. For example: - wartime incidents; - war injuries; - nationality; - overlap with Wuv/ Wubo/ Wiv schemes; - the monthly incapacity benefit; - the benefit for a surviving partner; - contributions towards costs; - requests for review.

Wartime incidents covered by the AOR scheme

Before a decision can be taken on a request for financial support, we first have to establish which of your wartime experiences are covered by the AOR scheme.

Wartime incidents covered by the AOR schemeThere are various types of wartime incident that are covered by the AOR scheme. For example, hostile enemy action, circumstances or measures that were inextricably linked to the war, imprisonment as a civilian or a prisoner of war, forced labour or being witness to the maltreatment or execution of others.

Victims of disturbances during the post-war period (15 August 1945 to 31 January 1954) in the Dutch East Indies and New Guinea are also covered by the AOR. The term ‘disturbances’ includes involvement in shootings and riots, evacuations under life-threatening circumstances, internment in ‘extremist’ camps and the Westerling operations.

Assessment of your wartime experiencesThe assessment of your wartime experiences is based on the events mentioned in the application process. In some cases, a social report will be drawn up by a staff member of the Pelita Foundation (Stichting Pelita), the SVB or the Dutch representation in your country of residence.

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To obtain confirmation of the events stated, sources such as witness statements and details from various archives may be used.

Once the wartime incidents you experienced have been established, we decide whether these resulted in war injuries within the meaning of the AOR Act.

War injuries War injuriesIf it is clear that you experienced certain wartime incidents, that does not necessarily mean that you qualify for financial support. This is only possible if it has been established that these incidents led to physical or psychological war injuries. This assessment is made by our medical adviser.

Medical examinationAs part of the application process, you may have been required to undergo a medical examination. If so, the result of this examination will be stated in the decision.

Nationality To receive financial support as a civilian victim of war, you must have Dutch nationality on the date you submit your application. It does not matter for our assessment of your claim whether you have had another nationality in the past.

Overlap with Wuv/ Wubo/ Wiv schemes

On the grounds of your wartime experiences, you may also have applied for financial support under the Benefit Act for Victims of Persecution 1940-1945 (Wuv), the Benefit Act for Civilian War Victims 1940-1945, or the Extraordinary Pension Act for Resistance in the Dutch East Indies (Wiv).

If you have also applied and qualified for a pension or benefit under one or more of these schemes, we will see which scheme is financially more favourable for you.

If the Wuv, Wubo or Wiv scheme is more favourable for you, your claim under the AOR scheme will be rejected. If the most favourable result for you is a combination of the AOR scheme and one of the other schemes, this will be stated in the decision. A comparison of the calculations will also be enclosed with the decision.

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Monthlyincapacity benefit

If you have been recognised as a victim of war and your war injuries have resulted in incapacity for work, you can get a monthly incapacity benefit. War injuries by themselves do not mean that you automatically qualify for a benefit.

Our medical adviser must first establish that your incapacity for work has been caused by the war injuries you suffered. The medical adviser also looks at the last job or profession you did before you stopped work. This can include the job of housewife. If you are 70 or over on the date of your application, we will check whether you were already incapacitated for work on the day before your 70th birthday. If that is the case, you can qualify for a benefit.

Base amount and reference professionYour benefit is calculated on the basis of a base amount. The base amount for the AOR scheme is determined by taking into account the wages or salary you were earning before you suffered the war injuries. As a rule, the period used for this is 1 March 1941 to 28 February 1942. We do not take your post-war wages or salary into account when calculating the base amount.

If you did not receive income from work before the war, the base amount will be determined on the basis of your level of education. Current claimants are people who had not yet finished secondary school when the war incident occurred. In such cases, the minimum base amount is awarded.

Calculation of the benefitDepending on the degree of incapacity for work, you are entitled to a certain percentage of the base amount. This amount, together with any supplementary payments you may be entitled to, forms the guaranteed income. If your income from other sources, such as AOW old-age pension, private pensions and assets, is less than the guaranteed income level, it will be supplemented each month by the AOR benefit.

To perform this calculation, we need details of your income (and your partner’s income, if applicable). Your benefit will be adjusted on the basis of the indexation applied to the statutory minimum wage. Indexation normally takes place every 6 months.

For more information on the calculation of your benefit, we refer you to the leaflet entitled ‘Calculating benefits under the AOR Act’. This leaflet is sent to you when your benefit is first determined. You can also request this leaflet from the Department for Members of the Resistance and Victims of War (telephone +31 (0)71 535 68 88) or find it on our website at svb.nl/wvo.

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Reassessment of the benefitThere are only a limited number of situations where we can reassess your benefit. We can do this if:

- you reach your AOW pension age; - you get married or start living together with a partner; - you start living alone because your partner has passed away, you and your

spouse have divorced or you and your partner have stopped living together; - you get a new source of income or you lose an existing source of income; - your child or foster child reaches the age of 18 (only if minor children have

been taken into account for the calculation).

If any of these events take place, you must notify us. We will also need to ask you for financial information.

You can also ask us to reassess your benefit. This is advisable if your income from an existing source has gone down. There is a threshold amount for this, which is set on an annual basis.

Contributions towards costs

What are contributions towards costs?If you incur costs on account of damage to your health caused by the war, you can get a contribution (allowance) towards these costs. For instance, costs for medical treatment and nursing care, artificial aids (such as a prosthesis or a wheelchair), and home help. Other costs, for example the cost of adapting your home or paying for transport for social activities, are not reimbursed. Contributions can only be paid towards costs that are not reimbursed under your health insurance or by another organisation. A contribution towards costs under the AOR scheme is awarded in the form of an allowance.

The contribution will usually start on the first day of the month in which you applied for it. If you apply to have your medical costs reimbursed, your application can be backdated up to the commencement date of the award as stated in the decision on the initial application, on condition that the application for reimbursement is submitted within 6 months of the decision on your initial application.

If you receive an AOR benefit as the surviving partner of a civilian war victim, you are not entitled to a contribution towards costs.

Maximum amount and standard amountSome contributions towards costs have a maximum amount or a standard amount. A maximum amount is the highest amount that can be paid in the form of an allowance. A standard amount is a fixed amount for a certain allowance. The amount in question will usually be stated in the decision.

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Duration of the awardDepending on the nature of the facility or service, an allowance can be granted temporarily or for an indefinite period. A decision may stipulate a maximum number of treatments, perhaps within a certain time frame. An allowance for the purchase of aids/appliances is generally given only once. The decision will clearly state what type of allowance will be paid.

If you submit a new application for a contribution towards costs that you have been awarded previously, a new assessment will be made to determine whether the facility or service is necessary. A previous award does not automatically mean that a new application will be granted.

Reimbursement by another organisationAllowances under the AOR scheme are only paid if the costs declared are not reimbursed by your health insurer or another organisation. We assume that everyone has health insurance.

If your health insurer does not fully reimburse the cost of your treatment and/or nursing care for recognised war injuries, you can have these costs reimbursed under the AOR scheme. In that case, you will need to send the bills to us.

However, if you are entitled to receive financial support under the Benefit Act for Victims of Persecution 1940-1945 (Wuv) or the Benefit Act for Civilian War Victims 1940-1945 (Wubo), you cannot also receive it for the same facility or service under the AOR scheme. When we look at your application, we will make an award under the financial scheme that is the most favourable for you.

Qualified therapistExpenses incurred for treatment by someone other than a doctor will only be reimbursed if that person is a qualified practitioner. If applicable, you will find more information on this in the decision.

Changes after a move to a residential care institutionIf you move to a residential care institution in the Netherlands on the basis of the Long term Care Act (Wlz; Wet Langdurige Zorg), or to a care home or nursing home outside the Netherlands, contributions towards the cost of home help will be withdrawn. You will be informed of this in writing. Other contributions which are paid periodically will be withdrawn if the costs concerned are no longer incurred. It is therefore important to report admission to a residential care institution to us as soon as possible.

Changes in the event of a deathContributions towards costs will end after the month in which the beneficiary passes away. No decision is issued in this case.

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Benefit for asurviving partner

As the surviving partner of a victim of war, you can only receive an AOR benefit if your partner’s death resulted from his or her war injuries. In exceptional situations, a benefit can still be paid if your partner died of other causes. As a widow, you are not entitled to a benefit if your partner’s war injuries were incurred before you got married.

Base amountThe survivor benefit is calculated using the same base amount that applied for your partner’s benefit. However, the way in which the benefit is calculated is different.

Calculation of the benefit for a surviving partnerSurvivors are entitled to part of the base amount. This amount, together with any supplementary payments you may be entitled to, forms the guaranteed income. The benefit for a surviving partner does not depend on the rate of incapacity for work as previously established for your late partner. If your income from other sources, such as AOW old-age pension, assets and private pensions, is less than the guaranteed income, it will be supplemented each month by the AOR benefit. To calculate this, we will need your income details.

Your survivor benefit will be adjusted on the basis of the indexation applied to the statutory minimum wage. Indexation normally takes place every 6 months.

For more information on the calculation of the survivor benefit, we refer you to the special information leaflet ‘Calculating the AOR Benefit’. You can request this leaflet from the Department for Members of the Resistance and Victims of War (telephone +31 71 535 68 88), or find it on our website at svb.nl/wvo.

Discontinuation of survivor benefitIf you remarry or start living with a partner, we will issue a decision cancelling your survivor benefit. The benefit will end in the month after you got married or started living together. This means that if you get married or start living with someone, you must let us know as soon as possible.

Contributions towards costsIf you receive an AOR benefit as the surviving partner of a civilian war victim, you are not entitled to contributions towards costs.

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Request for review and appeal

AIf you do not agree with a decision, you can submit a request for review by writing a letter stating why you disagree with a decision. Requests for review must be submitted within 6 weeks of the date shown on the decision. The 6-week time limit also applies if you live outside the Netherlands. Be sure to submit your request for review in time, because otherwise we cannot process it.

Your request for review must include your correspondence or registration number, your name and address, the reference number and date of the decision, and the date on which you write the letter. Do not forget to sign your letter. It is also important to explain why you do not agree with the decision (state your reasons). If you have documentary evidence to support your reasons, enclose it with your letter. In your letter, you can also indicate whether you wish to explain your objections personally (by telephone or at our office).

Please note that we cannot grant you extra time to submit a request for review. If you do not agree with a decision, you must always let us know in writing within 6 weeks. However, it is possible to submit a provisional request for review first and to send us your reasons for disagreeing with the decision later. In that case, we will give you a time limit within which you need to send your reasons.

If you think it would help you to clarify your objections, you can ask to see the documents we used when taking the decision. We will send you copies of the documents concerned.

If you wish, you can authorise someone else to write the letter for you by completing and signing an authorisation form and enclosing it with the letter. Please note, however, that you will remain liable for any actions taken by your authorised representative, or if they fail to act within the time limit.

If we process your request for review, this means that your application will be reassessed, taking into account the arguments you put forward against the decision.

For more information about submitting a request for review, a special information leaflet is available entitled ‘The review procedure; lodging an objection to a decision’. You can request this leaflet from the Department for Members of the Resistance and Victims of War (telephone +31 71 535 68 88) or find it on our website (www.svb.nl/wvo).

If you do not agree with the decision on your request for review, you can lodge an appeal with the Central Court of Appeal (CRvB) in Utrecht. This must be done within 6 weeks. If you lodge an appeal, you will have to pay a court fee.

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The most important Articles of the General War Injuries Scheme for Indonesia (AOR) and the National Act on Administrative Law (Awb)

Below is an English translation of the most important Articles of the AOR Act. These are Articles 1, 4, 8, 9, 10, 12, 13, 16, 18, 19, 25, 27, 29, 37 and 42. The full text of all the Articles of the AOR is available on request from the V&O department of the SVB.

You will also find below part of Article 6 of the National Act on Administrative Law (Awb) concerning the submission of a written request for review or appeal.

Article 1: DefinitionsThe following definitions are used in this ordinance:

War injury: Physical or mental injury, including illness, sustained by a person as a consequence of enemy action, any act or omission to act on the part of a unit or member of the armed forces or the civilian emergency services in times of actual war, or measures or circumstances that are inextricably linked to warfare, in so far as that injury was sustained within the territorial jurisdiction of the Dutch East Indies, or at or over open sea between 6° N and 11° S and 95° and 140° E, or was sustained elsewhere by a person who was a member of the armed forces. ‘War injury’ is also understood to include physical or mental injury, including illness, sustained by a person during internment, captivity or forced labour, or during imprisonment, preliminary investigation or arrest, as a result of being suspected of acts directed against the orders of the Japanese occupying forces that do not fall within the scope of ordinary criminal law, in so far as the inflicted treatment was carried out by or on the orders of, or was attributable to the Japanese occupying forces or armed forces under Japan’s command, and regardless of whether this war injury was sustained within the territorial jurisdiction of the Dutch East Indies or elsewhere;

Victim of war: Any person who has sustained war injuries;

Surviving dependants: The persons referred to in Article 19;

Breadwinner: Any person who has one or more surviving dependants who are entirely or predominantly dependent on him/her for their livelihood;

Enemy nationals: Persons who are regarded as enemy nationals for the purposes of the Legal Matters (Wartime) Regulations (Verordening Rechtsverkeer in Oorlogstijd);

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Committee: The local competent committee established under Article 6;

Income from work: All payments that a person receives as remuneration for the work that they perform for their employer, including shares in the profit, bonuses, child allowance, cost-of-living allowance and suchlike, as well as gratuities and other employment-related monies received from third parties;plus – if the work remuneration consists entirely or partly thereof – free housing and payments in kind, based in both instances on their estimated local monetary value; plus the net income that a person enjoys from practising a profession, as well as the net proceeds from a self-operated enterprise, in so far as these should not be classified as interest on the capital invested therein;lastly, the pension or income support that a person enjoys in connection with previous employment;

Public servants: Civil servants working on the basis of open-ended or fixed-term employment contracts, including staff of the Indonesian Pension Funds, staff of independent communities established under Articles 119, 121, 123 of 186 of the Indonesian Constitution, workers who are paid monthly, daily or hourly wages and fall within the scope of ‘M.D.R. 1939’, and workers hired on a monthly or daily basis, as well as teachers drawing a pension.

Article 4: Financial rightsIn the cases determined in this ordinance, and in so far as they are not excluded in this ordinance, persons who have sustained war injuries and the surviving dependants of persons who have died as a result of said injuries will be granted an allowance, which will be charged against the Dutch East Indies’ funds, based on the provisions of this ordinance.

Article 8: Allowance1. Persons who have sustained war injuries are entitled to free medical

treatment for those injuries and, in cases where the attending physician deems that necessary, free nursing care until the date on which they have recovered sufficiently for the attending physician to be of the opinion that their treatment or nursing care can be stopped.

2. ‘Medical treatment’ also covers the provision of prosthetic aids, in so far as they are indispensable for restoring the patient’s fair living circumstances, as well as instructions on how to use said prosthetic aids.

3. Further arrangements about free medical treatment and nursing care will be made in government regulations.

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Article 9: Entitlement to benefits1. Persons who have turned 18 or who were the breadwinner at an earlier age

and who undergo medical treatment in connection with their sustained war injuries and, in the attending physician’s opinion, are incapable of resuming their work activities one week after sustaining said injuries, are entitled to periodic benefits in the amount calculated based on the provisions of the next section, from the day following the day on which the injuries were sustained, or – if they do not turn 18 until later – with effect from their 18th birthday, until the day when their medical treatment ends or they are capable – in the attending physician’s opinion – of resuming their work activities or alternative work activities that are suitable for them in the committee’s opinion.

2. The entitlement meant in paragraph 1 will be suspended for war victims who are part of the resistance, for as long as they are part of the resistance.

Article 10: Entitlement to benefits1. Persons who, in the committee’s opinion, are incapable whether entirely or

to a meaningful degree of performing suitable work on the date that the benefit meant in Article 9 ends or would have ended if the entitlement to that benefit had not been suspended based on paragraph 2. of the preceding article, are entitled to a periodic incapacity benefit in the amount calculated based on the provisions of the next section, starting on the day following that date and continuing for the further duration of their incapacity for work.

2. Persons who do not seek medical treatment for the war injuries that they have sustained, even though that possibility may reasonably be deemed to exist, or who have ended said treatment prematurely without a valid reason may only claim an incapacity benefit as meant in the preceding paragraph if it is demonstrated that their incapacity for work could not have been prevented by undergoing appropriate medical treatment. In such cases, the commencement date for the benefit is the day following the date on which said person submitted an application for the benefit.

3. Persons below the age of 18 who are not breadwinners and who, in the committee’s opinion, are permanently disabled when their medical treatment ends may – until the day on which they turn 18 and in accordance with rules imposed by government regulations – be given free education at whatever schools or in whatever subjects the committee deems most practical for them given their physical condition and with a view to obtaining the competencies needed for performing suitable work.

4. Any person as meant in the preceding paragraph who, when they turn 18, in the committee’s opinion is entirely or to a meaningful degree rendered incapable of performing suitable work will be entitled to benefits as meant in paragraph 1., starting on the day on which they turn 18 and continuing for the further duration of their incapacity for work.

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5. If the committee sees grounds to do so, it may temporarily deviate from the provisions of paragraphs 1. and 4. and, instead of granting persons who have turned 18 a periodic incapacity benefit, may provide them with free education as meant in paragraph 3. until no later than the day on which they turn 21.

Article 12: Funeral expensesThe committee may reimburse the person who pays the costs of the funeral of a person who died as a result of having sustained war injury for said costs, up to a maximum of NLG 200 in so far as those costs are demonstrated to be reasonable.

Article 13: Benefits for surviving dependants1. In so far as the surviving dependants of a person who died as a

consequence of a war injury sustained, or a person who in the committee’s opinion must be presumed to have died as the result of a war injury, were entirely or predominantly dependent on the deceased for their livelihoods, those surviving dependants will be entitled to periodic benefits in the amount calculated based on the provisions of the next section, starting on the day following the war victim’s date of death or presumed date of death. Widows are in all cases presumed to have been entirely or predominantly dependent on their deceased spouses for their livelihoods.

2. If a person dies as a result of war injuries within 2 months of sustaining said injuries, the persons who formed a family unit with the deceased and who are entitled to periodic benefits based on the preceding paragraph may also be awarded a one-off benefit by the committee, in the amount calculated based on the provisions of the next section.

Article 16: The basis for the benefit1. The basis used for the calculation is 1/12th of the entire income from work

that the war victim enjoyed during the year immediately prior to the date on which they sustained their war injury or, if this were to lead to an unfair outcome, the work income for a given period of one year that lies between 1 January 1937 and the date on which the injury was sustained. For this purpose, the most favourable period for the victim and their surviving dependants will be used.

2. If a war victim had not yet enjoyed one year of income from work before 1 January 1942, the following will serve as the basis for the calculation:

a. an amount of NLG 275 if the war victim was academically trained; b. an amount to be further determined by the committee, if the war victim

does not satisfy the requirement imposed at a.; for the purposes of determining that amount, the committee will take into account an amount of NLG 125 for persons in possession of a secondary school diploma, and will also take into account the average monthly income from work that persons with corresponding development generally receive as their starting income.

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3. If the basis derived from the provisions of the preceding paragraphs of this article exceeds NLG 600, the excess will be disregarded for the purposes of calculating the benefit.

Article 18: Calculation of the benefit1. Without prejudice to Article 21, one month’s incapacity benefit as meant

in Article 10 is: a. in the case of full incapacity for work: 50% of the basis meant in

Article 16; b. in the case of partial incapacity for work: a percentage of that basis as

listed in the table attached to this ordinance; however, if the incapacity for work is not associated with any mutilations listed in that table or if in the committee’s opinion it has not been determined to a sufficient degree that the incapacity for work was caused by the mutilation alone, the committee will establish the incapacity benefit as a portion of the benefit specified at a., prorated to the lost capacity for work.

2. If a person entitled to an incapacity benefit is financially responsible, whether entirely or predominantly, for one or more persons as meant in Article 19, paragraph 1, at c. and d., the committee may increase that person’s benefit by a maximum of 10% for each child or parent, where the total increase cannot be more than 30% of the benefit and the total benefit will not exceed the amount of NLG 300.

3. The committee may increase incapacity benefits that are awarded for a period that lies within the first three months after a war injury was sustained to a maximum of 80% of the basis specified in Article 16.

Article 19: Calculation of the benefits for surviving dependants1. Without prejudice to Article 12, one month’s benefit as meant in

paragraph 1. of Article 13 is: a. for the woman, or all the women together, to whom the deceased was

married on the date when he sustained his war injury and to whom he was still married on the date of his death: a percentage of the basis described in Article 16, which is established at 30% of the first NLG 100, 25% of the second NLG 100, 20% of the third NLG 100 and 15% of the remaining amount of that basis.

b. for the man to whom the deceased was married on the date that she sustained her war injury and to whom she was still married on the date of her death: as much as she generally contributed to his livelihood, though no more than the percentage meant at a. of the basis described in Article 16;

c. for each unmarried legitimate child, legally acknowledged or adopted child and for each unmarried stepchild or foster child and for each unmarried orphaned grandchild (in each case assuming that they have not yet reached the age of 18) that the deceased had on the date when he/she sustained his/her war injury: 10% of the basis described in Article 16, subject to the proviso that benefits may nevertheless be awarded to

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children who have turned 18 if and in so far as the committee is of the opinion that a deficiency or retardation renders them entirely or substantially incapable of providing for themselves;

d. for one or both parents or, in their absence, for one or both grandparents and for one or both parents-in-law that the deceased had on the date when he/she sustained his/her war injury: as much as the deceased generally contributed to their livelihoods, though no more than the percentage meant at a. of the basis described in Article 16.

2. The monthly benefits paid to all of a war victim’s surviving dependants together may not exceed 50% of the basis described in Article 16. Where necessary, the individual benefits will be reduced proportionately.

Article 25: Submitting an application1. An application for free medical treatment and nursing care is deemed

to have been submitted when medical assistance is sought by or for a war victim.

2. Applications for the other allowances based on the provisions of this ordinance must be submitted to the committee, either directly or through the offices of an authority designated by the committee by means of a resolution to appoint such an authority.

Article 27: Post- application reviewAfter receiving an application as meant in Article 25, paragraph 2, the committee will review:1. the cause and nature of the incident;2. the victim’s identity and place of residence;3. the injury caused by the incident;4. the names and places of residence of surviving dependants who might be

entitled to claim allowances under this ordinance;5. the amount that must be used as the basis for calculating the benefits in

accordance with the provisions of Article 16;6. the amount and the nature of the income accruing to the persons claiming

benefits after the war injury was sustained.

Article 29: Obligation to provide Information1. All persons are obliged to provide all information that the committee

requests in connection with the review as meant in Article 27.

Article 37: End of entitlements after death1. All entitlements to an allowance lapse with effect from the first day

of the month following the month in which the person entitled to the allowance died.

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Article 42: Revision1. If facts or circumstances emerge after a decision to award, refuse,

withdraw or adjust a benefit has been issued that would have led to a different decision had they occurred and been known before the decision was issued, or if the situation that formed the basis for said decision changes, the committee – acting either on its own initiative or at the request of the interested parties – may take a new decision on the matter. The same provisions that applied to the original decision will apply to the new decision, except that the date of the new decision will replace the original date referred to in Article 21.

National Act on Administrative Law (Awb)

Article 6:6A request for review or an appeal may be declared inadmissible if:

a. Article 6:5 or any other statutory requirement for the processing of a request for review of appeal has not been complied with, or

b. the written request for review or appeal was refused in full or in part on the grounds of Article 2:15,

provided the person submitting the request for review or lodging the appeal has had an opportunity to rectify the omission within a time limit set for this purpose.

Article 6:7The time limit for submitting a request for review or lodging an appeal is 6 weeks.

Article 6:81. The time limit commences on the day after the day on which the decision

was communicated in the prescribed manner. 2. The time limit for submission of a request for review of a decision against

which an administrative appeal could be lodged only by a certain interested party or certain interested parties commences on the day after the day on which the time limit for appeal has expired unused.

3. The time limit for submission of an appeal against a decision that is subject to approval commences on the day after the day on which the decision containing the approval of the first decision has been communicated in the prescribed manner.

4. The time limit for submission of an appeal against a decision prepared with application of part 3.4 commences on the day after the day on which the decision was made available for inspection in accordance with Article 3:44, paragraph 1, subparagraph a.

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Article 6:91. A request for review or appeal is deemed to have been submitted in good

time if it is received before the end of the time limit. 2. If it is sent by post, a request for review or appeal is deemed to have

been submitted in good time if it is posted before the end of the time limit, provided that it is received no later than one week after expiry of the time limit.

Article 6:11A request for review or an appeal submitted after the time limit has expired may still be admitted if the client, in all fairness, cannot be held liable for the delay.

Article 6:121. If the appeal is directed against the fact that a decision was not taken in

good time or a decision issued by operation of law was not communicated in good time, it is not bound by a time limit.

2. An appeal can be lodged as soon as: a. the administrative authority has failed to take a decision in good time or

to communicate a decision granted by operation of law in good time, and b. two weeks have passed after the day on which the person concerned

declared the administrative authority to be in default in writing.3. If the person concerned cannot reasonably be required to declare the

administrative authority in default, the appeal can be lodged as soon as the administrative authority has failed to take a decision in good time.

4. The appeal is deemed inadmissible if it is lodged unreasonably late.

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Contact details Sociale VerzekeringsbankDepartment for Former Members of the Resistance and Victims of WarPostbus 95752300 RB LeidenThe NetherlandsTelephone: +31 71 535 68 88Fax: +31 71 576 60 03e-mail: [email protected]: www.svb.nl/wvo

This leaflet contains general information only. Please note that no rights can be derived from this leaflet.

The Sociale Verzekeringsbank (Leiden Branch Office) is

responsible for the implementation of the Dutch Acts and

schemes for Members of the Resistance and Victims of War.

All your questions can be directed to this office. Applications

from previously unknown applicants are assessed by the Pension

and Benefit Board (PUR), which also determines the policies.

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