What does 'failure to give timely decisions' mean?
Failure to give a timely decision means that the decision period has been exceeded. DUO must make decisions in response to requests within 8 weeks. The decision period for notices of objection ends 6 weeks after the final date of the appeal period. In cases where no legal period has been defined, a 'reasonable' period applies, which will depend on the type of decision.
Advantages of the Act for you
If DUO fails to make a decision in response to your request or notice of objection within the legal or reasonable period, you can give DUO notice of default. DUO will then have another 2 weeks to make a decision.
Failure to do so will have the following legal consequences:
- The penalty will automatically start to apply to every day that the decision period is exceeded, to a maximum of 42 days and € 1,260.
- You can lodge an appeal with the Court immediately, without having to lodge an objection to the delay in decision-making first. If the Court declares your appeal founded, DUO will be required to make a decision within 2 weeks.
What do you have to do?
If DUO fails to respond to your request or notice of objection in good time, please submit the Dwangsom bij niet tijdig beslissen form (Penalty for late decisions form) to:
Dienst Uitvoering Onderwijs
Bezwaar en Beroep
P.O. Box 50081
9702 EA Groningen
Fax: +31 50 599 86 74
Please state 'Ingebrekestelling' both in the top left-hand corner of your letter and on the envelope. Also state your Citizen Service Number (BSN) and email address at the top of the form.
Extension of decision period
It is in your own interests for DUO to make a well-considered decision in response to requests. The Act therefore enables government bodies to extend their decision period, for example if we need more information from you in order to make a well-founded decision.