Compensation Fund Payment Conditions for Delft Residents
The Compensation Fund payment conditions set out the requirements that victims of violent crimes in Delft must meet to qualify for a payment from the Compensation Fund for Victims of Violent Crimes. This fund supports Delft residents suffering serious injuries or the surviving family members of deceased victims, especially when compensation from the perpetrator is unavailable. In Delft, with its vibrant city center, such incidents unfortunately occur, and this fund fills the gaps left by criminal and civil law.
What is the Compensation Fund for Residents of Delft?
The Compensation Fund for Victims of Violent Crimes is a national government fund providing financial assistance to victims of serious violent offenses. The same rules apply to Delft residents, as established by law, but applications often start with the local police or the District Court of The Hague. This article outlines the conditions, helping Delft residents understand how to file a claim following an incident in the city.
Legal Basis for Delft Residents
The payment conditions are laid down in the Act on Compensation for Victims of Violent Crimes (WTSGV), effective since 1 January 2014 (Stb. 2012, 701). Key provisions:
- 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: Exclusion if perpetrator compensates or due to victim's own fault.
- Article 8 WTSGV: Application within 3 years of the offense.
The Ministry of Justice and Security administers the fund; for cases in Delft, the District Court of The Hague handles criminal proceedings, and the Board assesses applications.
Key Conditions for a Payment
You must meet all criteria. Overview for Delft residents:
- Violent crime in the Netherlands: Committed in Delft or elsewhere in the Netherlands, qualifying under Article 1 WTSGV. Exceptions for international agreements.
- Serious harm: At least 17% permanent disability or death, confirmed by medical assessments.
- Criminal investigation: Report filed with Delft police, with ongoing or concluded proceedings (conviction, dismissal or acquittal) at the District Court of The Hague.
- No other compensation: Available only if the perpetrator does not pay or is bankrupt; civil non-pecuniary damages are deducted.
- Timely application: Within 3 months of the final decision, no later than 3 years after the incident.
- No fault of your own: Provocation may result in reduction or rejection.
Note: Surviving family members in Delft (partners, children) benefit from relaxed rules in cases of death.
Comparison of Payments: Victims vs. Survivors
| Aspect | Victim with injury | Survivors in case of death |
|---|---|---|
| Maximum payment | €35,000 (material + non-pecuniary) | €75,000 (grief + costs) |
| Disability requirement | Min. 17% | Not applicable |
| Application period | 3 years after offense | 3 years after death |
| Examples of costs | Delft hospital, therapy, loss of income | Funeral, loss of income |
Practical Examples from Delft
Example 1: Grievous Bodily Harm
Mei Bakker (35) from Delft city center is assaulted on the Market, sustaining a whiplash with 25% permanent disability. The perpetrator is convicted by the District Court of The Hague but fails to pay. After reporting to Delft police, Mei applies within 3 months and receives €20,000 for care and pain and suffering.
Example 2: Survivor
Following a stabbing in Delfshaven, father Ahmed passes away. His family in Delft receives €50,000: €15,000 grief compensation per child plus costs. Condition: police investigation initiated, no perpetrator compensation.
Example 3: Rejection
A victim of domestic violence in Delft with 10% disability falls short of the 17% threshold. Application rejected, but referred to Victim Support and the Delft Legal Aid Office.
Rights and Obligations for Delft Residents
Rights:
- Free application via schadefonds.nl.
- Objection and appeal at the District Court of The Hague (Article 10 WTSGV).
- Advance payment in urgent cases.
Obligations:
- Submit Delft police report, medical reports and police statement.
- Repay if perpetrator compensation is received later.
- No duplicate claims.
For assistance: Contact the Delft Legal Aid Office or Municipality of Delft for guidance.
Frequently Asked Questions for Delft
Am I eligible if the perpetrator is unknown?
Yes, provided there is a police investigation in Delft resulting in dismissal due to unknown suspect. All other requirements must be met.
What if disability is below 17%?
Rejection. Consider a civil claim at the District Court of The Hague or other funds such as the Act on Compensation for Moral Injury. Consult the Delft Legal Aid Office.
How long does a decision take?
Average of 6 months. Advance payment possible for lengthy procedures via the fund.