Start of online consultation on the rules for the repayment of wrongly received sick pay or incapacity benefit
The draft decree on the recovery of employee insurance payments in the Caribbean Netherlands contains rules on the repayment of benefits wrongly received under the BES Sickness Insurance Act (Wet ziekteverzekering BES) and the BES Accident Insurance Act (Wet ongevallenverzekering BES). Everyone can now comment on these rules by participating in an online consultation. The aim is to define carefully and clearly when and how benefits can be recovered.
Rules for the repayment of wrongly received benefits
The BES Sickness Insurance Act and the BES Accident Insurance Act offer financial support to working people on Bonaire, St. Eustatius and Saba who are temporarily or permanently unable to work due to illness or an accident. In most cases the benefit is paid to the employer. Until now, the law had not stipulated how recovery should take place. A statutory basis for this was provided by the 2024 Act amending the social affairs and employment legislation in the Caribbean Netherlands (Wijzigingswet SZW-wetten BES 2024). How repayment can be arranged in practice is now going to be detailed in the draft decree.
Among other things the decree stipulates that those affected will always be informed in writing if a repayment is necessary. The letter in question will state the reason, the amount and the deadline by which the payment has to be made. Sometimes a repayment will not be required, for example if the amount is small, or if special circumstances apply in the individual case. The RCN Social Affairs and Employment unit assesses, on a case-by-case basis, whether there is a reason not to request a (partial) repayment. Alternatively, the amount can be set off against a future benefit payment. If anyone fails to pay on time, they can be charged interest and extra costs.
Clear approach
The rules align with existing regulations in the Caribbean Netherlands, thereby creating a clear direction in terms of social security policy in the region. The RCN Social Affairs and Employment unit is responsible for implementing these laws and this decree will ensure that wrongly paid benefits are dealt with in a way that is clear to everybody.
Final possibility to comment
The central government is organising a final (online) consultation before the rules are definitively adopted. Anyone who wants to share ideas, such as employers, employees, or people with practical experience, can respond until 4 juli 2025, 23:59 PM via www.internetconsultatie.nl.
The decree is expected to come into effect on 1 January 2026.