New Policy Manual and List of Injuries 2024
The new Policy Manual and List of Injuries came into effect 1st of July 2024. These documents replace the versions of 1 November 2022. We explain below what the changes are per document.
Policy Manual
In order to quality for compensation from the Schadefonds Geweldsmisdrijven, the request must meet all conditions set in the Schadefonds Geweldsmisdrijven Act (Wet schadefonds geweldsmisdrijven). The statutory rules are worked out in our Policy Manual. In it you will find out how the Schadefonds assesses a request. Click here for the Policy Manual of 1 July 2024.
A list of amendments follows below:
- Sexual Offences Act
From 1 July 2024 the new Sexual Offences Act (in Dutch: Wet seksuele misdrijven)
will enable victims to report sexual assault and rape to the police in more cases. The new sexual offences legislation will also enable the Schadefonds to award compensation to victims of intentional rape and/or intentional sexual assault if they have suffered serious injuries due to these offences. This however is on condition that the offence was committed in the Netherlands on or after 1 July 2024. This new Sexual Offences Act does not apply to the Caribbean Netherlands.
See section 1 - Presupposition of serious injuries
When certain crimes are committed, the Schadefonds can presuppose serious psychological injuries without assessing medical information. In the Policy Manual we explain the crimes for which we can presuppose these injuries.
See paragraph 1.2.3 - Payments to observers
Minors who have observed systematic domestic violence can qualify for a payment for psychological injuries that fit into Injury Category 2. Initially this only applied to children under 12 years of age.
See E.1 - Level of payment for loss of maintenance
Breadwinner has been changed to the person who contributes the most to the family income in a financial sense.
See E.2 - Complaints
It has been added to the complaints procedure that the Schadefonds will not handle complaints submitted more than a year after the incident.
See section J
List of Injuries
It is set out in the List of Injuries which compensation is appropriate for which injury. The List of Injuries consists of two parts: physical (bodily) injuries and psychological (mental) injuries. Click here for the List of Injuries of 1 July 2024.
A list of amendments follows below:
- Victims of violent crimes or sex crimes can now contact the Schadefonds
- Presupposition of serious psychological injuries on the basis of the violent crime or sex crime
- Categories have been added to Injury Category 1 that were initially in Injury Category 3, namely: direct threat with a knife under aggravating circumstances, direct threat with a firearm under aggravating circumstances and arson and explosion.
In relation to the above-mentioned crimes serious psychological injuries will henceforth be presupposed in minors.
See section 2A - Sex crimes without sexual penetration, online sex crimes and French kissing have been removed from Injury Category 1.
See section 2A - A category has been added to Injury Category 2 that was initially in Injury Category 1, namely: sex crime without sexual penetration, committed several times.
- The age for observation of domestic violence by minors under 12 years of age has been raised to under 18 years of age.
See section 2A - Direct threat with a knife or a firearm has been removed from Injury Category 2.
See section 2A
- Categories have been added to Injury Category 1 that were initially in Injury Category 3, namely: direct threat with a knife under aggravating circumstances, direct threat with a firearm under aggravating circumstances and arson and explosion.
- Assessment of psychological injuries on the basis of medical information
‘Dependence’ has been added to the explanatory notes to the points of departure, with an explanation of how the Schadefonds assesses the reduction of a person’s capacity to take part in day-to-day life independently.
See section 2B
Transitional policy
The policy in the new Policy Manual and List of Injuries applies to requests submitted on or after 1 July 2024, regardless of the date of the crime. I.e. the date of submission of the request is the guiding factor for which Policy Manual and which List of Injuries applies to the assessment of a request. In addition, with respect to requests submitted before 1 July 2024, when it is evident that the List of Injuries and Policy Manual of 1 November 2022 is more favourable to the requestor, this version should be applied.
This does not apply to the new Sexual Offences Act. The date on which the sex crime was committed determines the Act under which we assess the request.
The transitional policy does not apply to objections either. Then the Policy Manual and List of Injuries that applied at the time a decision was taken on an objection will apply, unless this would mean a worsening for the requestor with respect to the previous decision and the policy applicable at the time.