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SVB Sociale Verzekeringsbank
Registration No.: Ur 5656510
Dossier No. : R161524
DECISION ON COMPLAINT
Utrecht, 29 Jan 2007
Dear Mr. Sison
In our decision of 19 June 2006 we informed you of the
termination of payments of the allotted pension on the
basis of the General Old Age Law (AOW), with retroactive
effect to 1 February 2004.
The SVB takes the standpoint that on the basis of Article
2, first paragraph, introduction and under b of the
Regulation (EC) 2580/2001 it is not allowed to provide
you, directly or indirectly, with assets and other
financial or economic means.
In a letter of 18 July 2006 a complaint was made in
your behalf.
We have taken the following decision on the complaint.
DECISION
The SVB declares the complaint groundless. The decision
of 19 June 2006 is maintained and the substantiation is
further supplemented.
This decision is based on the General Administrative Law
(AWB) and Article 2, first paragraph, introduction and
under b of the Regulation (EC) 2580/2001.
SUBSTANTIATION ("MOTIVERING")
On the basis of Article 2, first paragraph, introduction
and under b of the Regulation (EC) 2580/2001 of 27 December
2001, it is not allowed to provide you directly or indirectly
with assets and other financial and economic means.
Facts and circumstances
With the decision dated 24 October 2005 the payment of the
allotted pension on the basis of the AOW starting with the
month October 2005 was terminated. The complaint against
that was declared groundless in the decision of 6 April
2006. With the ruling of the Utrecht Court case no. SBR
0612004 dated 21 November 2006 the appeal presented was
declared groundless.
Upon the issuance of the contested decision the payment
was terminated with retroactive effect.
In the complaint you take the standpoint that the interpretation
of Article 2, first paragraph, introduction and under b of the
Regulation (EC) 2580/2001 is so formulated that this applies
to the future and that for the termination with retroactive
effect there exists no legal basis.
The SVB cannot agree with you on that. Because the SVB was
not aware of the fact that you were on the list of the
Regulation (EC) 2580/2001 of 27 December 2001, the pension
was paid out to you incorrectly. This means that the payment
took place without a legal basis, so that the pension was
paid unduly.
On the basis of the General Administrative Law, a hearing
can be set aside if the complaint is obviously not grounded.
The complaint is obviously not grounded, because already
from the letter of objection ("bezwaarschrift") and the
available data it comes out that the complaint is not
grounded. Therefore, we have not offered you the possibility
of a hearing.
APPEAL
If you do not agree with this decision, you can file an
appeal within six weeks with the Court in Utrecht,
Administrative Law Sector, P.O. Box 13023, 3507 LA Utrecht.
You must then send two copies of the appeal and a copy
of the decision on the complaint.
In your letter of appeal you must clearly state the
following
- your name and address
- your signature
- the date of your appeal
- the reasons why you do not agree with the decision
on the complaint;
- what the court according to you must decide.
If you file an appeal, you must pay the court E 38 for
court registration. From this there can be no exemption.
The clerk of court will send you an acceptgiro card with
which you can pay the registration fee. You receive the
registration fee back if the court declares you to be
correct, or if you withdraw your appeal because we agree
with your complaint.
Respectfully,
In the name of the Council of the board of the SVB
(Sgd.) Atty. G. van der Schuur
Staff for Appeal
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