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Decision of the Sociale Verzekeringsbank on the Complaint of Jose Maria Sison on the termination of payments of the allotted pension on the basis of the General Old Age Law 29 January 2007

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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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