1. Dutch Newshour, Saturday 12 March 2022: The Undercurrent. Local politics may seem far away for a while, but the issues are big. Newshour reporter Jan Eikelboom. Dutch video fragment: 6:36 minutes
Transcript by Cora Westerink
INTRODUCTION:
Mr. Anna van Tol-Macharoblishvili, Lawyers Collective Tilburg: “We do not sound the alarm easily. We do not sound the alarm if one person complains about the Tilburg municipality, if two complain, or three. We only sound the alarm when we notice that there are a lot of complaints about the Tilburg city administration.”
Tilburg resident John Menue, relationship manager, looking for a job (63): “These are vacancies to which I have applied.”
Voice-Over Newshour reporter Jan Eikelboom to the viewer: “No matter how many jobs there are, some people just can’t get a job.”
Tilburg resident John Menue, relationship manager, looking for a job (63) to Jan Eikelboom: “All are rejected, yes.”
Jan Eikelboom to John Menue: “What is that like?”
Tilburg resident John Menue to Jan Eikelboom: ” Terrible, as if you were thrown out, as if you no longer matter, as if you were nothing.”
Jan Eikelboom to John Menue: “So why do you get rejected every time?”
Tilburg resident John Menue to Jan Eikelboom: “I still think, because of my age.”
Voice-Over Newshour reporter Jan Eikelboom to the viewer: “In order to put herself in the position of benefit recipients, Tilburg councillor Esmah Lahlah lived on welfare for a month last year. “
Tilburg aldeman, labour participation, Esmah Lahlah, Political Party Green Left to Jan Eikelboom: “Look, you can know on one hand what poverty means, you can hear from people what it does to them. But knowing is not yet feeling in your heart, or feeling in your belly. The moment you feel it yourself, in your belly and in your heart, yes, that’s what drives me even more, to show that things can and must be done differently.”
Voice-Over Newshour reporter Jan Eikelboom to the viewer: “And they are convinced in Tilburg that things have to change. They find the Participation Act, which regulates the rights and duties of benefit recipients, much too strict here. In 2020, the city council unanimously opted for a new policy, under the name TIP, Tilburg Invests in Perspective. Since then, each person entitled to benefit has been individually supervised by a so-called client director. He or she makes a tailor-made plan and offers a listening ear.”
Client director Ruth Zimmerman to Jan Eikelboom: “So you really start looking for what fits that person. If I look at before 2020, so before TIP, we only had one approach. ‘One-seize-fits-all’. But we actually all know that doesn’t work. There is no one jacket that fits everyone.”
Voice-Over Newshour reporter Jan Eikelboom to the viewer: “Through the mediation of the client director, 63-year-old job-seeker John Menue made a personal video recording in which he presented himself to potential employers. It actually led to a job. But due to the corona crisis, his contract was not renewed.”
Tilburg resident John Menue to Jan Eikelboom: “There I am again, yes. I am starting all over again. So this is a sad situation. But anyway, I have hope. I will just keep going. I will continue to struggle. I will go all the way, so to speak. I do not give up easily.”
Voice-Over Newshour reporter Jan Eikelboom to the viewer: “Customisation is now also available in enforcement. The rules of the Participation Act are strict. If income is not reported, in principle, benefits must be withdrawn. In Tilburg, this is no longer automatic.”
Maurice Bronts, social domain supervisor: “An example. We launched an investigation into a woman who had all kinds of strange financial transactions. But the same financial transactions show that this person also has an enormous gambling addiction. Well, then you can start enforcing the law. Then that person ends up with a huge repayment order, which only pushes someone who is already in a very difficult financial position because of that addiction even further into the abyss. Or you can have a good talk with this person and see what you can do to stop this addiction.”
Newshour reporter Jan Eikelboom: “”So you’re not fining them, you’re offering them help?”
Maurice Bronts, social domain super: “Exactly”
Tilburg aldeman, labour participation, Esmah Lahlah to Jan Eikelboom: “It also means that we have started to act differently when residents do not hand in certain forms in order to establish their right to benefits, for example. That is simply stated in the law, what you need. If they don’t fill it in and you remind them and they don’t fill it in again, we might have said before that, ‘then we can’t allocate the benefit’. Now we take more effort, we know the resident, we investigate the cause. Perhaps the resident did not understand the letter, or the form, and we try to apply customisation again.”
Newshour reporter Jan Eikelboom to the viewer: “So much for the intentions of the policy of Tilburg Municipality. Here in the practice of Lawyers Collective Tilburg, one hardly notices any of this. Social lawyer Anna van Tol sees more and more people who are wrongfully denied benefits. Social lawyer Anna van Tol sees more and more people who are wrongfully denied benefits. Like Emily de Monty. The municipality did not believe she lived at the address she gave. In the end, she was proved right. But only after she had been without income for four months.”
Mr. Anna van Tol-Macharoblishvili, Lawyers Collective Tilburg: to her client Emily de Monty: “How did it affect you?”
Client Emily de Monty: “It was difficult.”
Mr. Anna van Tol-Macharoblishvili, Lawyers Collective Tilburg to Newshour reporter Jan Eikelboom: “We sounded the alarm last year when many complaints came in about the municipality. Complaints that were very diverse, about how they were treated when applying for benefits, as if they were criminals, ‘why are you sitting here, why are you applying for benefits?’ But there was also a case where benefits were withdrawn for the simplest of reasons. For example, because they were unable to produce copies of their statements. They promised, ‘we are going to do something about it’. But here we see no change at all. We only see more distressing cases.”
Jan Eikelboom to Tilburg aldeman, labour participation, Esmah Lahlah: “For the time being it is mostly nice words say the social lawyers.”
Tilburg aldeman, labour participation, Esmah Lahlah to Jan Eikelboom: “That is really sad to hear. Fortunately, I also get many stories from residents that there is a good movement forward. But I think it’s a pity to hear that. I’m especially sorry to hear that from you. I would really have preferred them to call me then, if they feel that way. That was what we had agreed.”
Jan Eikelboom to Tilburg aldeman, labour participation, Esmah Lahlah: “They say that they indicated it in a fire letter and that nothing actually changed after that.”
Tilburg aldeman, labour participation, Esmah Lahlah to Jan Eikelboom: “Well, I actually just said that we adjusted and changed it.”
Newshour reporter Jan Eikelboom to Mr. Anna van Tol-Macharoblishvili Lawyers Collective Tilburg: “You actually tell the exact opposite story of the administrators and governors of Tilburg municipality.”
Mr. Anna van Tol-Macharoblishvili to Newshour reporter Jan Eikelboom: “Yes, I am fully aware of that. I tell you what we see and hear here in our office.”
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CLOSURE CLOSE UP Tilburg resident John Menue, relationship manager, looking for a job (63) is sitting behind his computer and receives an email: “Unfortunately, another rejection. […] Tell me someting new.”
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Two Transcripts, part two:
2. Dutch OneToday 18 May 2021, Lawyers raise alarm about processing of Social Security payments by the municipality of Tilburg. OneToday Reporter Rob Hadders, 4:17 minutes
Rob Hadders: “Good evening. Lawyers and the Association of Dutch Municipalities sound the alarm. Too many applications for the social benefits are wrongly not granted. As a result, many people get into serious trouble. A law office now takes action against the municipality of Tilburg. They say: “The human dimension is lost.”
Reportage EenVandaag by reporter: Annefleur van Wanroij. Tilburger Johan tells his story. He is sitting on his couch with his small dog and reads a letter he received from Tilburg municipality:
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Johan, reading parts of his letter: “Euh, blah, blah, blah, When granting benefits, we take your assets into account. We have set your assets at 2302,10 euro. The remaining free assets are 6295 euro.” Johan looks at the reporter in puzzlement: “Do you understand what is written here? I don’t, I’ve never had this kind of money in 30 years.”
Reporter Annefleur van Wanroij to the viewer: “The social security benefits of Johan van Amstel, living in Tilburg, were stopped by the municipality in October 2021 due to missing data.”
Johan to Annefleur van Wanroij: “The municipality of Tilburg is just trying to break me. That’s it.”
Annefleur van Wanroij to Johan: “Because they have stopped the benefits? What did they say about the reasons?”
Johan to Annefleur van Wanroij: “I have allegedly committed fraud. […] I have not committed fraud.”
Reporter Annefleur van Wanroij to the viewer: “Johan’s lawyer, Anna van Tol, objected to the municipality’s decision and won his case, but not only Johan’s case.”
Mr. Anna van Tol-Macharoblishvili Lawyers Collective Tilburg: “The bottom line is that we have found that the municipality of Tilburg, from September 2020 until at least the beginning of April 2021, has made decisions that are actually far below par, decisions that were later reversed in objection procedures and also by the court in appeal proceedings. In our case, this concerns almost 100% of the cases we handled.”
Reporter Annefleur van Wanroij to the viewer: “The issues are very close to her heart. Van Tol herself was on welfare before she became a lawyer. On behalf of her office, she sent a letter to the municipality about their failing operations.”
Mr. Anna van Tol-Macharoblishvili: “At the moment, it seems as if a computer is making the decisions, looking at the supporting documents that are needed and can be ticked off. If something cannot be ticked off, a rejection follows immediately. Our lawyers’ collective believes that the municipality should become active in approaching clients, for example, a telephone call: “You have submitted papers but we still have a few questions about them. This gives the client the opportunity to hand in a missing document or to explain the absence, possibly with a lawyer or social worker present. After all, not everyone understands the legislation on participation. It is not an uncomplicated law.”
Reporter Annefleur van Wanroij to Peter Heijkoop: Association of Netherlands Municipalities: “How is it possible that this is still happening, that a computer, as the lawyer just mentioned, is rejecting applications for welfare assistance?”
Peter Heijkoop to reporter Annefleur van Wanroij: “I think it is the implementation that has been neglected. A lot of cuts have been made to the implementation, to the implementing organisations, to municipalities. An implementation based on thinking, based on distrust and controls. All this together ensures that mistakes are made. that is not good.”
Reporter Annefleur van Wanroij to the viewer: “People on welfare often get into trouble immediately when benefits are stopped. They do not have a buffer. the same goes for Johan.”
Johan to Annefleur van Wanroij: “I was living in a hell. My neighbors gave me food. My niece helped me, from November on, to pay my TV. I am beginning to get tired of it all.”
Reporter Annefleur van Wanroij to the viewer: “After the tax allowance affair, criticism on municipalities for their interpretation of the Participation Act also grows. According to the VNG, it is also a question of money.”
Peter Heijkoop to reporter Annefleur van Wanroij: “Municipalities have been subject to huge cuts. They spend more money on disrupting benefits than on providing work for residents. There is simply a huge amount of money to be made available and I hope that the government will now actually do something about it.”
Mr. Anna van Tol-Macharoblishvili: “Apart from the fact that customers are of course constantly contacting us, “I don’t get any benefit, what should I do? I have to pay my rent, I have to pay my fixed costs, I have a child.” Single parents who lose their income. It does something to your heart. That is why we could not sit still as an office. We had to take action.”
Rob Hadders: “Tilburg Municipality says they were taken by surprise by the letter of the lawyers office. They would like to accept the invitation to discuss the matter.
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Closing remark by Cora Westerink, Install local human rights committees
