Have you applied for a compensation towards wages from NOW (Temporary Emergency Bridging Measure for Sustained Employment), but are you unhappy about the decision you have received? For example, because the compensation was rejected, set at a lower amount or because you have to repay any support received? If so, it is worthwhile to find out timely whether lodging an objection is an option. In the objection procedure, the UWV will reconsider its decision. Minister Koolmees has made it known that there are possibilities for tailor-made solutions in objections, which require looking not only at the letter but also at the spirit of the letter. It is also known that the UWV maintains an exceptionally favourable policy that allows deviation from the scheme in specific situations. This may result in a different -more favourable- decision.
It is important to act quickly because objections must be lodged within six weeks. Are you too late? In that case, the decision is final and cannot be changed. We can object to or appeal the UWV’s decision on behalf of your company. So that you can focus on your core business, the recovery and growth of your company.
Objection & appeal process against UWV decision
The first step is that we will advise your company on the feasibility of the objection. For this, we assess whether the UWV decision is unlawful. Is your case defensible? Then step two is to draw up a notice of objection, which sets out the reasons why the decision of the UWV should be different. In response to the notice of objection, the UWV may organise a hearing. We can argue your case there. The UWV then makes a decision on the objection. If you disagree with this decision, the third step is to lodge an appeal with the administrative court. The administrative law judge will assess the decision of the UWV. In the appeal procedure, we can prepare the notice of appeal for you and argue your case at the hearing. So that you can devote your attention to other matters and your business (operations).
In the objection and appeal procedures, we can file a request for you to be compensated for the costs you have to incur for the procedures. It is also possible to claim damages in court for the loss your company suffers as a result of the unlawful decision of the UWV.
During or in addition to the procedures described above, we can start a negotiation process with the UWV for your company. The objective may be to reach a repayment arrangement. Furthermore, requesting so-called ‘provisional relief’ from the administrative court is one of the possibilities. This will suspend a decision for a certain period of time, allowing you, for instance, to get a postponement of payment.
Fast tailor-made legal advice
We understand that you want to know quickly whether it is worth taking action. Through close collaboration between our specialists, we can assess in a short period of time whether an objection/appeal is likely to be successful. If needed, we can take the entire objection and/or appeal procedure off your hands, and we can claim damages. In specific situations, it may be necessary to request provisional relief from the court.
NOW Scan – the basics
Our NOW specialists will provide you with clear advice, including our initial assessment of the feasibility of objection and appeal. We will make an integral assessment of your application and the decision of the UWV. We will discuss which products can provide a tailor-made solution for your company. Afterwards, you will know your options as well as which risks are involved.
Do you wish to appeal the decision? We will be happy to handle the entire procedure for you. We will draw up a notice of objection against the decision of the UWV and will argue why the decision is unlawful. Also, you can choose whether or not to have a hearing and have the option to enter into negotiations to reach an agreement on a repayment arrangement.
Do you disagree with the decision on the objection? We can draw up an appeal and argue why the decision on the objection is unlawful. We will be happy to handle the entire appeal procedure for you. We will plead your case at the hearing and conduct negotiations to agree on a possible repayment arrangement. Here too, we offer tailor-made solutions with several options. Needless to say, we will discuss everything with you prior to the appeal so that you know in advance what to expect.
Provisional relief from judge
During the objection and appeal procedure, there may be reason to ask the judge to grant provisional relief. For example, to suspend the repayment obligation vis-à-vis the UWV. This does not happen automatically during objection and appeal, which is why it is a requirement to consider it. Otherwise, the consequences of the decision will already take effect despite your objection/appeal.
Follow-up – Turn Around Consult
In case your NOW scan shows that objection and appeal are unlikely to be successful, or if you have lost the case in an objection/appeal, we will be happy to refer you to our Turn Around specialists from Team I&H. They will assess your situation from a strategic and integral perspective. Together with you, they will identify challenges and opportunities. They will help you in making choices and implementing the most promising scenario. Also if, for example, restructuring is being considered.