Compensation Fund Benefit Conditions for Tilburg Residents

Compensation Fund Benefit Conditions for Tilburg

The Compensation Fund benefit conditions set out the requirements that victims of violent crimes in Tilburg and surrounding areas must meet to receive a payout from the Violence Crimes Compensation Fund. This fund supports Tilburg residents with serious injuries or surviving dependents of deceased victims, particularly when compensation from the perpetrator is unavailable. Tilburg residents can seek free advice on applications at the Tilburg Legal Aid Office.

What is the Compensation Fund for Tilburg Residents?

The Violence Crimes Compensation Fund is a national government fund for victims of serious violent offenses throughout the Netherlands, including Tilburg. The conditions are enshrined in law and are essential for your application to the Zeeland-West-Brabant District Court in Breda. This article explains what Tilburg residents need to know to file a successful claim.

Legal Basis in the Tilburg Context

The conditions are laid down in the Compensation for Victims of Violent Crimes Act (WTSGV), effective since January 1, 2014. Relevant articles:

• Article 1(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: Exclusions where perpetrator compensation is available 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 provides compensation where criminal and civil proceedings fall short. The Zeeland-West-Brabant District Court in Breda handles related cases for Tilburg.

Key Conditions for a Payout

You must meet all requirements. Overview for Tilburg victims:

1. Violent Crime in the Netherlands: Occurring in Tilburg or elsewhere in NL, qualifying under Article 1 WTSGV.
2. Serious Bodily Injury: At least 17% permanent disability or death, determined by medical assessment.
3. Criminal Proceedings: Police report filed with Tilburg police, with ongoing or concluded investigation (conviction, dismissal, or discharge).
4. No Alternative Compensation: Only if perpetrator is insolvent; pain and suffering awards are deducted.
5. Application Deadline: Within 3 months of final decision, maximum 3 years after offense.
6. No Victim Fault: Provocation may result in reduction or rejection.

Tip: Surviving dependents in Tilburg benefit from relaxed rules in case of death. Contact the Municipality of Tilburg for additional support.

Comparison of Payouts: Victims vs. Surviving Dependents

Real-Life Examples from Tilburg

Example 1: Assault in City Center
Tilburg resident Jan de Vries (35) sustains a whiplash (25% disability) after a street robbery on Heuvelstraat. Perpetrator convicted by Zeeland-West-Brabant District Court but fails to pay. Jan applies post-judgment and receives €20,000 for care and non-material damage.

Example 2: Surviving Dependent
Following a stabbing in Tilburg-West, a parent dies. Partner and children receive €50,000: €15,000 grief compensation per child plus costs. Investigation initiated, no perpetrator compensation.

Example 3: Rejection
Domestic violence victim with 10% disability fails to meet 17% threshold. Claim rejected but referred to Tilburg Legal Aid Office and Victim Support.

Rights and Obligations of Applicants

Rights:

• Free application via schadefonds.nl.
• Objection/appeal to Zeeland-West-Brabant District Court (Article 10 WTSGV).
• Advance payment in cases of urgency.

Obligations:

• Submission: police report, medical reports, official record.
• Repayment if later perpetrator compensation received.
• No duplicate claims.

For assistance: Call the Tilburg Legal Aid Office or visit the Municipality of Tilburg.

Frequently Asked Questions for Tilburg