The draft decision on the recovery of employee insurances BES outlines rules regarding the repayment of benefits that have been incorrectly received through the BES Health Insurance Act and the BES Accident Insurance Act. Everyone can now respond to these rules via an internet consultation. The aim is to carefully and clearly outline when and how benefits can be reclaimed.
Rules for Repayment of Incorrectly Received Benefits
The BES Health Insurance Act and the BES Accident Insurance Act provide financial support to employees in Bonaire, Sint Eustatius, and Saba who are temporarily or permanently unable to work due to illness or an accident. The benefit is usually paid to the employer. Until now, the law did not specify exactly how recovery should take place. The Amendment Act SZW Laws BES 2024 has established a legal basis for this. The draft decision now outlines how repayment can be organized in practice.
The decision stipulates that affected parties are always informed in writing if repayment is required. This letter states the reason, the amount involved, and the deadline for payment. Sometimes an individual does not have to repay, for example, if the amount is low or if there are special circumstances in the individual case. The RCN unit Social Affairs and Employment (SZW) assesses on a case-by-case basis whether there is reason to waive (partially) repayment. The amount can also be offset against a future benefit. If payment is not made on time, interest and additional costs may follow.
Clear Approach
The rules align with existing regulations in the Caribbean Netherlands. This creates one clear line in social security policy. The RCN unit SZW implements these laws and ensures that incorrectly paid benefits are handled clearly with this decision.
Final Opportunity for Feedback
Before the rules are finalized, the Dutch government will hold a final (online) consultation. Anyone who wants to contribute, such as employers, employees, or people with practical experience, can respond until July 4, 2025, at 23:59 via www.internetconsultatie.nl.
The expectation is that the decision will come into effect no later than January 1, 2026.