Reverse registration of cohabitation for AOW?


Questioner

My mother and her new boyfriend are living separately financially and are running their own households. They have entered into a registered partnership in connection with the inheritance. They were recently assessed as cohabiting with 21 months retroactive effect with regard to the AOW. I am trying to file an objection to this on their behalf. I have contacted the SVB several times. I have not received any reasons but I get the impression that the financial part meets the requirements. It is about 'softer' criteria such as the fact that they (also) go on holiday together and visit each other. I assume that this concerns a 'permanently separated' life. Before they entered into the cohabitation contract, both had extensive consultations with the tax consultant, notary and the SVB itself to prevent this situation. My mother appears to have filled out a form in March and then had a telephone conversation in which a lot of questions were asked about the joint holiday and taking care of each other. I can read and understand the SVB legal texts and policies, but I need advice on how to properly file an objection during the hearing.

Lawyer

Your mother (or someone on her behalf) must file a timely objection to any decision received from the SVB (letter) in which it is determined that the benefit is reduced (retroactively). Also against any other decisions that she may receive in connection with this (such as a decision in which specific amounts are reclaimed). Please note the objection period. This is always (maximum!) 6 weeks. I have experience with such matters. In practice, you often see that on the basis of careless research or inconclusive conclusions, it is concluded that a joint household is being run. Your mother can call me for a consultation without obligation. 06-30575754. If they qualify, I also assist people on a pro bono basis.

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