What is welfare fraud?
Welfare fraud is the provision of incorrect or incomplete information with the aim of receiving (excessive) welfare benefits without being entitled to them. Examples include:
- Failure to report income: for example, working off the books or having a part-time job without reporting it.
- Concealing cohabitation: when you live with someone but still receive a single person’s benefit.
- Concealing assets: such as savings, a car, or a property at home or abroad.
- Staying abroad: when you stay abroad for a longer period without reporting it.
Because welfare fraud is strictly enforced in the Netherlands, the municipality can not only stop your benefits but also demand repayment of the wrongfully paid welfare and even have you criminally prosecuted. It is therefore wise to immediately engage a lawyer specialized in welfare fraud as soon as you receive a letter or an invitation for questioning.
What penalties can be imposed for welfare fraud?
Welfare fraud is handled both under administrative law (by the municipality) and criminal law (by the Public Prosecution Service). The starting point is that for an amount lower than €50,000, enforcement is handled under administrative law. Possible consequences include:
- Repayment of the wrongfully received benefits.
- Administrative fines, often equal to the amount of the wrongfully received welfare.
- Termination or reduction of your benefits.
If the wrongfully received welfare is €50,000 or more, enforcement is in principle handled under criminal law. The following principles apply:
- Wrongfully received welfare between €50,000 and €100,000: a fine equal to the wrongfully received amount or a substantial community service sentence.
- Wrongfully received welfare of more than €100,000: a prison sentence of 8 months up to a maximum of 4 to 6 years.
What does a lawyer cost for welfare fraud?
The costs of a lawyer when suspected of welfare fraud depend on your personal situation. In many cases, you are eligible for subsidized legal aid (addition). This means that the government pays a large part of the legal fees and you only have to pay a limited personal contribution.
The attorneys at Weening Criminal Defense Lawyers can immediately assess whether you qualify for this and will inform you clearly about the costs in advance. This way, you always know where you stand and won’t face any surprises.
Why is it wise to hire a lawyer if I am suspected of welfare fraud?
A conviction for welfare fraud can have major consequences for your future. You risk not only having to repay a significant amount and having your benefits stopped, but also being imposed high fines and even a long prison sentence. Additionally, you may experience problems in the future when applying for a Certificate of Conduct (VOG).
A lawyer helps you to limit or prevent these unpleasant consequences. Our criminal defense lawyers have extensive experience with these types of cases. Based on your case file, they look for the best defense strategy. In doing so, they investigate, among other things, whether an acquittal is possible. Contact us without obligation to discuss the possibilities together.
