Restitution Payments - Netherlands

Last amended: 9 December 2008

Netherlands restitution payments are paid under the 'State Assistance Scheme for the 1940-1945 Victims of Persecution' (WUV). The assistance scheme differs from the German and Austrian restitution payments and is payable to the victim, the widow/widower and or next of kin of the victim. The scheme also makes payments in respect of persecution by the Japanese. Recipients must have been born before the end of the Second World War.     

Payments under WUV are payable if it is determined that the person:

• suffered deprivation of freedom in permanently guarded camps, prisons, etc, or
• was sterilised in order to avoid deprivation of freedom, or
• went into hiding in order to avoid deprivation of freedom, or
• was incarcerated (not in hiding) in Europe in a permanently guarded camp or prison, due to their withdrawal from forced employment.

WUV entitlements

The entitlements of the Benefits Act are:

• recognition,
• periodical (monthly) income-substitute benefits payable to the victim of persecution or his/her widow/widower and or next of kin,
• reimbursement of expenses connected with illnesses and disabilities because of persecution not covered by health insurance, and
• partial compensation for some of the expenses that are not eligible for total reimbursement, and
• special allowance related to medical services that is paid to cover costs that exceed the person's capacity to pay and maintain a standard of life.

Note: The WUV should not be confused with other payments such as:

• The Extraordinary Pensions Act for Sailors who are war victims 1940-1945 (WBZO),
• The Benefits Act for Civilian War Victims (WUBO), and
• The Extraordinary Pensions Act 1940-1945 (WBO).

Income treatment

Netherlands restitution payments may be considered income for DVA purposes, depending on which type of restitution payment is received. Benefits that fall into the category of reimbursement of medical expenses, etc or special allowances related to medical services, as set out in the table below, will have that benefit exempt as income. Ex-service members are entitled to this exemption under the VEA. The Commission has determined that benefits of this type paid to civilians are also exempt income.

Periodical payments for medical expenses must relate to reimbursement

Where periodical payments for injuries/illnesses do not directly relate to reimbursement of expenses for accepted war-caused conditions, they fall within the meaning of income and are assessable. It is possible in these circumstances that a pensioner may submit proof of a connection. To the extent that it can be shown that the periodical payment was used to reimburse medical or nursing expenses to treat the accepted condition, the payments will be exempt.

Income supplemental payments

An income supplemental payment paid under the WUV Act to an internee who was persecuted by the Japanese, is not a compensation payment in respect of war-caused disability. They are payments that recognise that many Dutch citizens suffered health and income earning-potential detriment as a result of their wartime experiences. For WUV eligibility it is only necessary that the illness or disability has an impact on the person's capacity to earn a living (unlike a compensation payment, which is payment for loss only). As they are income-supplemental payments, rather than compensation in respect of incapacity, they are means-tested by the Dutch Government and are assessable under the VEA.

Contact for documentation

If a pensioner is unable to provide documentation to verify their payment, they must contact the paying authority by writing to:

Consulate-General of the Netherlands

PO Box 261

BONDI JUNCTION  NSW  1355

Further information can be accessed about pensions from the Netherlands government website:

http://www.pur.nl/index_english.htm