The Dutch government has launched a public Internet consultation on proposed rules for the repayment of sickness and accident benefits that were wrongly received under the Bonaire, St. Eustatius and Saba (BES) Sickness Insurance Act and the BES Accident Insurance Act.
These laws provide financial support to employees in 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 directly to the employee. However, until now, the law did not clearly specify how repayments should be handled in cases of overpayment or wrongful disbursement.
With the 2024 Amendment to the SZW BES Acts, a legal basis was created to enable structured recovery of such funds. The newly-drafted decree outlines in detail how repayments should be managed in practice.
Under the draft regulation, individuals will always be notified in writing if they are required to repay benefits. The letter will include the reason for repayment, the amount owed, and the payment deadline. In some cases, repayment may not be required — for instance, if the amount is small or if there are exceptional personal circumstances. Each case will be assessed individually by the RCN Social Affairs and Employment (SZW) Unit, which may decide to waive or reduce repayment obligations. The repayment amount may also be offset against future benefits.
If payment is not made on time, interest and additional charges may apply. The rules align with existing policies in Caribbean Netherlands, ensuring a consistent approach to social security across the region. The RCN SZW Unit, which implements these laws, will use the new decree to provide clarity and fairness in handling overpayments.
Before the rules are finalised, the Dutch government is inviting feedback through an online consultation open to all interested parties — including employers, employees, and those with practical experience. Comments can be submitted until 11:59pm July 4, 2025, via www.internetconsultatie.nl.
The finalised regulation is expected to take effect by January 1, 2026.
The Daily Herald.