Social security law

Social security law

Social security law is part of administrative law. National and local government agencies make decisions regarding the granting or termination of benefits based on applicable laws and regulations. Many benefits are related to work and wages, such as:

• Unemployment Insurance Act (WW)
• Sickness Benefits Act (ZW)
• Disability Insurance Act (WAO)
• Work and Income Act based on Work Capacity (WIA)
• Disability Benefits for Young Disabled Persons Act (Wajong)
• Sickness Absenteeism and Incapacity for Work Limitation for Safety Net Recipients (BeZaVa)
• Return to work for partially disabled persons (WGA)
• Income Provision for the Fully Incapacitated (IVA)

We assist various organizations with matters concerning social security law, such as issues regarding recovery decisions, revocation decisions, and administrative fines. We have the knowledge and expertise to assume diverse roles, ranging from advisory services to dispute resolution. We have an experienced team of lawyers and legal experts in the field of social security law. Please contact us to discuss the possibilities.

Social security law within administrative law

Social security law is a specialty within administrative law. The granting, refusal, withdrawal, or recovery of a benefit is, after all, a decision by an administrative body, such as the UWV, the Social Insurance Bank (SVB), or the municipality. The General Administrative Law Act (Awb) applies to this. This means that the same legal protection is available against a decision as with other government decisions: first an objection to the administrative body itself, then an appeal to the administrative court, and, if necessary, a further appeal. Anyone who thoroughly understands the connection with administrative law is more likely to recognize where a decision is legally flawed: in the determination of facts, the reasoning, proportionality, or procedural due care.

Which benefits and agencies play a role?

The social security system is divided among several implementing agencies, each with its own area of ​​responsibility:

• UWV – employee insurance schemes such as the Unemployment Insurance Act (WW), the Sickness Benefits Act, the Work and Income Act (WIA) (with the WGA and IVA schemes), the Disability Insurance Act (WAO), and the Youth Disability Act (Wajong).
• Social Insurance Bank (SVB) – national insurance schemes such as the AOW, the Anw (survivors' benefit) and the Supplementary Income Provision for the Elderly (AIO).
• Municipality – social assistance under the Participation Act, special assistance, and related provisions.

Whether you are an international group facing a complex employer assessment or the baker on the corner receiving a recovery letter, the legal question is always whether the decision holds up factually and legally. We assist all these entities, providing both advice beforehand and litigation afterwards.

Objection and (higher) appeal against a benefit decision

If you disagree with a decision by the UWV, the SVB, or the municipality, you may lodge an objection under the General Administrative Law Act (Awb). A short time limit applies: usually six weeks after the decision is announced (Article 6:7 of the General Administrative Law Act). If the objection is rejected, you may appeal to the District Court, Administrative Law Division, followed by a further appeal to the Central Appeals Board – the highest court in social security matters. If prompt intervention is necessary, for example because a benefit is being discontinued and income is lost, a preliminary injunction may be requested (Article 8:81 of the General Administrative Law Act). Our lawyers and legal experts draft a substantiated notice of objection, represent you at the hearing, and conduct the appeal proceedings where necessary.

Recovery, withdrawal and administrative fine

A large proportion of disputes revolve around recovery and sanctions. The administrative body can revoke a benefit with retroactive effect and recover the overpaid amount, and also impose an administrative fine in the event of a breach of the duty to provide information. In this context, the question is not only whether there is a legal basis, but above all whether the decision proportionate . Since recent case law, the administrative court applies a more rigorous scrutiny of the principle of proportionality (Article 3:4 of the General Administrative Law Act): personal circumstances, the degree of culpability, and any errors made by the administrative body itself must be included in the assessment. Moreover, a fine is a punitive sanction, meaning that additional safeguards apply, such as the proportionate determination of the amount. We assess whether a recovery can be mitigated or waived and whether a fine can be reduced or annulled.

The employer's perspective: continued payment of wages, wage sanctions, and self-insurance

For employers, social security law has its own far-reaching dimension. In the event of an employee's illness, there is an obligation to continue paying wages for a maximum of 104 weeks (Article 7:629 of the Dutch Civil Code). If the UWV deems the reintegration efforts insufficient, it may impose a wage sanction : the wage continuation is extended by a maximum of 52 weeks and the WIA assessment is postponed. In addition, premium differentiation via the Work Resumption Fund (Whk) and the choice to become a self-insurer for the WGA or the Sickness Benefits Act play a role. These decisions – wage sanction, premium assessment, attribution of a benefit to the employer – are all administrative decisions against which an objection can be lodged. We advise employers, from SMEs to large enterprises, on their obligations regarding the Gatekeeper Improvement Act and conduct proceedings against unjustified wage sanctions and attribution decisions.

Our approach and team

MKB Juristen works with mixed teams of lawyers and in-house counsel. As a result, we combine the litigation authority and procedural insight of the legal profession with the practical, solution-oriented perspective of the in-house counsel. We serve individual entrepreneurs and employees as well as large employers and international corporations. Our role ranges from a second opinion on a draft decision, via a well-substantiated notice of objection, to litigating a case to its full potential, up to the Central Appeals Board.

Frequently asked questions about social security law

How long do I have to object to a UWV or municipal decision?
As a rule, six weeks after the date on which the decision was announced (Article 6:7 of the General Administrative Law Act). Do not wait too long: an objection filed too late is usually declared inadmissible.

Can a recovery be waived or reduced?
It can, depending on the circumstances. The administrative body must take into account proportionality and any errors of its own; in distressing situations, (full) recovery may be waived.

What can I do about a wage sanction from the UWV?
An objection can be lodged against the wage sanction decision. We assess whether the reintegration efforts were indeed sufficient or whether there was a valid ground for deviation, and file objections and appeals where necessary.

Do you also help individual entrepreneurs or employees?
Yes. We assist large employers and corporations as well as small business owners and private individuals – from international corporations to the baker on the corner.