The Minister put the officials under "great pressure of a zbo '.
Minister Louis Asscher (PvdA) was warned by his officials that he acted in breach of the law when he forced the Sociale Verzekeringsbank Oaps in Israel occupied territory by a higher benefit than where they are entitled to according to the law.
NRC recently revealed how the Minister for Social Affairs to the limit had gone to out of sight of the House of representatives to create an exception for this group of Oaps. Asscher recognized this, but swore the room that there is "no conflict acted with the law".
He also refuted that the Sociale Verzekeringsbank (SVB), a quango (zbo) that the AOW scheme pays out, by pressure him to accept the derogation. "This legal solution in consultation with the SVB is found."
From internal documents obtained this week by invoking the Freedom of Information Act, shows that "has put great pressure on this file" from the ministry.
Since 2006, the law states that benefits of old age pensioners will be reduced if the recipients do not live in a country which has concluded an agreement on social security. This should ensure control of legitimate payment of benefits.
Netherlands has such a treaty with Israel, but that does not apply to the occupied territories since the Netherlands sovereignty of Israel does not recognize that. Israeli settlements in the occupied territories are illegal under international law.
Nevertheless, the vast majority of state pension benefits in these areas is not reduced by the SVB. This was done according to the Ministry of Social Affairs because the claimants had indicated that they were living in Israel.
When the SVB discovered in 2013 that paid out in breach of the law, the executive would still shorten the stakeholders - that always happens at too high a payout. But Asscher gave early 2014 contract to continue paying the full state pension in territory occupied by Israel. Confidential documents show that successive governments feel pressure from a lobby.
After coverage in NRC Asscher defended himself by arguing that such an exception applies to the way the SVB deal with special cases.
But officials from the SVB wrote in 2015 that the complete payment of state pension to people in Israeli occupied territory "is based solely on the political will of the Minister to grant any benefit pursuant to the proper legal regime. [...] Was the treatment of cases in the past unlawful because of errors by the SVB, now is unlawful because of the desire of the minister. "
Not only officials of the SVB concluded that it was in breach of the law in 2015. So did officials from the minister. In a note to Mr Asscher in which they reported the position of the SVB, they concluded: "We endorse this view."
Minister Asscher does not respond.
By Editorial NRCFoto Bart Size / Reuters
Reactie plaatsen
Reacties