Compensation Fund Payout Conditions for Rotterdam Residents
The Compensation Fund payout conditions set out the requirements that victims of violent crimes in Rotterdam must meet to qualify for a payout from the Violence Crimes Compensation Fund. This national fund assists Rotterdam residents with serious injuries or the surviving family members of deceased victims, especially when the perpetrator fails to provide compensation. In Rotterdam, you can obtain free advice on your application from the Juridisch Loket Rotterdam.
What is the Compensation Fund for Rotterdam residents?
The Violence Crimes Compensation Fund is a government fund that provides financial support to victims of serious violent offenses, such as those in Rotterdam's city center or neighborhoods like Rotterdam-South. The conditions are enshrined in law and are essential for your application. The Rotterdam District Court often handles the criminal proceedings, which may impact your claim. This article explains everything for Rotterdam residents, so you know what to expect.
Legal basis of the conditions
The payout conditions are derived from the Act on Compensation for Victims of Violent Crimes (WTSGV), effective since January 1, 2014 (Bulletin of Acts and Decrees 2012, 701). Key provisions:
- Article 1 paragraph 2 WTSGV: Violent crimes such as murder, manslaughter, grievous bodily harm, rape, or human trafficking.
- Article 3 WTSGV: Compensation for serious injury or death.
- Article 4 WTSGV: Minimum permanent disability of 17% based on the List of Injury Index Figures.
- Article 5 WTSGV: Exclusion if compensated by the perpetrator or due to victim's own fault.
- Article 8 WTSGV: Application within 3 years of the offense.
Managed by the Ministry of Justice and Security, the fund steps in where criminal and civil law fall short. The Board assesses applications, often considering judgments from the Rotterdam District Court.
Key conditions for a payout
You must meet all criteria. Overview for Rotterdam residents:
- Violent crime in the Netherlands: Committed in Rotterdam, qualifying under Article 1 WTSGV. Exceptions apply for treaty-based foreign offenses.
- Serious harm: At least 17% permanent disability or death, determined through medical assessments.
- Criminal investigation: Police report filed with Rotterdam-Rijnmond Police, with ongoing or concluded proceedings (conviction by Rotterdam District Court, dismissal, or discharge).
- No other compensation: Only if the perpetrator does not pay or is bankrupt; non-pecuniary damages from civil cases at Rotterdam District Court are deducted.
- Timely application: Within 3 months of the final decision, maximum 3 years after the offense.
- No fault on your part: Payout may be reduced or denied in cases of provocation.
Note: Surviving family members (partner, children) benefit from relaxed rules in cases of death in Rotterdam.
Comparison of payouts: victims vs. surviving family
| Aspect | Victim with injury | Surviving family upon death |
|---|---|---|
| Maximum payout | €35,000 (material + immaterial) | €75,000 (grief + costs) |
| Disability requirement | Min. 17% | Not applicable |
| Application deadline | 3 years after offense | 3 years after death |
| Example costs | Hospital, therapy, lost income | Funeral, loss of income |
Practical examples from Rotterdam
Example 1: Grievous bodily harm
Mei de Vries (35) from Rotterdam-West is assaulted on Westersingel and sustains a whiplash with 25% permanent disability. The perpetrator is convicted by the Rotterdam District Court but does not pay. After filing the report and obtaining the judgment, she applies within 3 months: €20,000 for care and pain and suffering.
Example 2: Surviving family
After a stabbing in Feijenoord, father Ahmed el-Masri passes away. His wife and children receive €50,000: €15,000 grief compensation per child plus costs. Investigation initiated by Rotterdam Police, no perpetrator compensation.
Example 3: Rejection
Victim of domestic violence in Rotterdam-East with 10% permanent disability does not meet the 17% threshold. Application rejected, but referred to Juridisch Loket Rotterdam and Victim Support.
Rights and obligations as a Rotterdam applicant
Rights:
- Free application via schadefonds.nl.
- Objection and appeal upon rejection (Article 10 WTSGV), via Rotterdam District Court.
- Advance payment in urgent cases.
Obligations:
- Submit police report, medical report, and case file from Rotterdam District Court.
- Repay if later compensated by the perpetrator.
- No duplicate claims.
Frequently asked questions for Rotterdam residents
Am I eligible if the perpetrator is unknown?
Yes, with a criminal investigation and dismissal due to unknown perpetrator, after filing a report with Rotterdam Police.
What if disability is below 17%?
Rejection. Consider civil proceedings at Rotterdam District Court or other schemes like the Act on Compensation for Moral Damages. Consult Juridisch Loket Rotterdam.
How long does the decision take?
Average 6 months. Advance possible for delays; seek advice from Rotterdam Municipality or Juridisch Loket.