Blocked in Morocco by the border closure, this Moroccan man must repay €4,431 to the CPAS: the courts say no

Born in 1984, the Moroccan man arrived in Belgium in 2014 and held an F+ residence card. The father of four children, he had received an integration income at the single-person rate since 2016, as well as assistance intended in particular to pay maintenance.

On February 19, 2020, he left for Morocco. He initially explained that he wanted to visit his sick father and thought he would stay only one week. But another reason also kept him there: a legal dispute with his ex-wife concerning their daughter, who was then living in Morocco. He appeared in person before a Moroccan court on February 25.

The problem was that he had not informed the Liège CPAS before leaving, even though any stay abroad of at least one week must normally be reported.

On Bladi.net : Arriving in Belgium at 15 in 1974, this Moroccan man without a residence permit gets the CPAS convicted

A few weeks later, the situation changed completely. From March 14, 2020, the health crisis prevented return flights. The Moroccan man remained in the country until July 31, after the borders reopened.

During those five months, however, he continued to pay his expenses in Belgium: €375 in rent, €85 in charges and €150 in maintenance, in addition to his other bills.

It was not until 2021 that the CPAS discovered his stay in Morocco, while reviewing a decision by the Liège family court. The administration then considered that he had received assistance to which he was not entitled during his absence.

It demanded €4,206.83 in integration income and €225 in social assistance, for a total of exactly €4,431.83.

Ordered to repay €100 per month

The Moroccan man challenged the decision, but lost the first time. On October 10, 2022, the Liège labour court upheld the CPAS decisions and ordered him to repay the €4,431.83. He was authorized to settle his debt at a rate of €100 per month.

He appealed.

The Liège Labour Court completely overturned the case. In its judgment of October 4, 2023, it recalled that after four weeks spent abroad, integration income may normally be suspended. But the law allows the CPAS to maintain it when exceptional circumstances justify extending the stay.

For the judges, that was precisely the situation. When the Moroccan man was supposed to consider returning, the borders were closed. Because of his Moroccan nationality, he could not benefit from any repatriation measure and had no other way to return to Belgium.

The Court also considered that his legal dispute justified his presence in Morocco when the return ban came into effect. Moreover, nothing established that he had intended to commit fraud.

The inconsistencies identified in his initial explanations were not enough to change this conclusion. The social workers themselves had noted his considerable difficulties in French: he did not always understand the questions and could neither read nor write the language.

Another important factor was that throughout his absence, he had kept his home in Belgium, continued to pay his expenses and returned to that same residence as soon as he came back.

On Bladi.net : The CPAS demands €22,074 from this Moroccan man; justice cuts the bill to €984

The Court therefore reformed the first judgment. The €4,431.83 ultimately does not have to be repaid. On the contrary, the CPAS was ordered to maintain the integration income for the period from March 19 to July 30, 2020, as well as the relevant social assistance between April and June.

The administration must also bear the appeal costs, including €437.25 in procedural indemnity.

The forced stay in Morocco therefore did not cost the beneficiary €4,431. For the courts, the closure of the borders did indeed constitute an exceptional circumstance that prevented the CPAS from demanding repayment of the assistance paid during the months when he was unable to return to Belgium.