The Benefits Agency directly discriminated against a benefits parent based on race, the Netherlands Institute for Human Rights ruled on Thursday. The institute had previously concluded that the agency had indirectly discriminated in several cases.
The institute reached its judgment in an investigation into the situation of a benefits parent with Dutch and Turkish nationality. The woman received advances on childcare allowance for several years, until the agency decided in 2012 to reclaim it in full.
The reason for this was a fraud investigation into the host parent agency to which the woman was affiliated. The agency said that the childcare contract did not comply with the rules and that the woman had not been able to prove that she had paid the childcare costs. The woman suspected that her Turkish background played a role in the checks and the recovery and termination of the allowance.
In a report from the agency, the woman’s origin is mentioned as a possible signal for fraud. There is also talk of the Turkish community, in which care by acquaintances would be seen as a “friendly service.” The college says that this suggests that these cultural differences could lead to misuse of benefits.
In addition, the woman’s file was incorrectly linked to the internal code ‘residence status’. That code applies to people who are not entitled to allowances because they have a residence status. But the woman had Dutch nationality.
Based on these points, the institute concludes that there is sufficient evidence that the woman’s Turkish origin played a role in the control and recovery of the allowance. The college rules that the agency has in this case directly discriminated on the basis of race.
The difference between direct and indirect discrimination
In nineteen previous cases, the institute had already concluded that the agency made indirect distinction on the ground of race. That means that it concerns neutral rules that apply to everyone, but that in practice work out unfairly for people with a migration background.
It is now about direct distinction, whereby someone is deliberately treated differently than others because of characteristics such as their race, gender or religion. It is also included in the law that one may not be discriminated against.
The Benefits Agency was part of the Tax and Customs Administration until 2021. Since then, the service falls under the Ministry of Finance.