The Committee on Actual Damages
If you were unduly required to repay childcare benefit, you will receive compensation from the Dutch Tax and Customs Administration. But does that cover your "actual damages"? You may have suffered other or more damages after you had to repay your benefits. The Committee on Actual Damages has been installed for this type of material and immaterial damages. This committee was instituted by the State Secretary and is independent of the Dutch Tax and Customs Administration.
What are "actual damages"?
Damages that total more than the amount listed in your final decision could include items such as:
- costs for help and assistance to your family
- mental health care costs
- financial loss
- loss of income
Not all damages can easily be expressed in an amount, such as the emotional damages you and your family have suffered. These too can be compensated.
How do you prove actual damages?
The Committee on Actual Damages can look into whether you are entitled to additional compensation beyond the compensation you have already received. You do not have to provide evidence for everything. You do have to present a plausible case that the damages and their amount were caused by the childcare benefit affair. Once this is clear to the Committee, it will recommend that the Dutch Tax and Customs Administration compensates the damages.
Letters, documents and invoices that you have already sent to the Dutch Tax and Customs Administration are already in your personal case file. You do not have to send them again.
How does it work?
Members of the committee
The members of the Committee on Actual Damages have been appointed because of their experience in jurisprudence, law and public service. The members are committed to deal with the problems regarding childcare benefit, and hope to ease the damage and pain caused by this matter as much as possible.
The members of the Committee on Actual Damages are independent. This means:
- They have never worked at the Dutch Tax and Customs Administration
- They have never been involved in the arrangements and administration of the childcare benefit.
- They have no personal interest in the amount of damages.
The committee's sole interest is to ensure that affected parents receive the compensation they are entitled to.
Frequently asked questions about the Committee on Actual Damages
3501 WB Utrecht