He had been receiving a Dutch benefit in Morocco since the 1980s: it all ends at retirement
A man who had been living in Morocco since the 1980s was still receiving a Dutch benefit for young people with disabilities. When it was discontinued at retirement age, he cited his limited pension entitlements and the circumstances of his departure. The courts refused to make an exception.
On March 17, 2025, the Dutch agency UWV informed him that his Wajong benefit would end on July 1 of that year, the day he reached the statutory retirement age. The beneficiary challenged this decision before the Amsterdam District Court, according to the ruling issued on February 19, 2026.
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The man had left the Netherlands for Morocco in the 1980s, while continuing to receive this benefit for people whose capacity to work has been permanently limited since their youth. He did not dispute his age or the date set by the UWV, but sought an exception on the basis of his circumstances.
He explained that his departure, motivated in part by medical reasons, had not been entirely a matter of choice. The decades he spent in Morocco had also allegedly prevented him from accumulating sufficient entitlements to the AOW, the Dutch state pension.
Having received Wajong for so long, he also felt entitled to count on the payments continuing. In his view, their discontinuation risked seriously undermining his financial situation in Morocco.
The UWV had relied on the wrong chapter
The court found an error in the UWV’s decision. The agency had relied on a section of the legislation applicable to new beneficiaries, whereas this man’s case, which predated 2010, fell under a different chapter.
However, this error does not entitle him to keep his benefit. Both provisions lead to exactly the same result: Wajong ends when the beneficiary reaches retirement age. The rule is mandatory and leaves the UWV no discretion to grant an exemption based on personal circumstances.
The judges acknowledged that moving to Morocco may have reduced his Dutch pension entitlements. This consequence does not allow Wajong to be extended beyond the limit set by law.
The argument that an implicit promise had been made was also rejected. The man produced no document showing that the UWV had guaranteed that his benefit would continue after he retired. Decades of payments therefore do not, in themselves, create a lifelong entitlement.
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The beneficiary also cited several international texts and the risk of no longer having sufficient resources. But he provided no detailed records of his income, expenses or other benefits he might be entitled to. The court found that he had not demonstrated that his resources would fall below the social minimum applicable in Morocco.
His appeal was dismissed, and the UWV’s decision remains in force. The court advised him to contact the Sociale Verzekeringsbank or the relevant Moroccan authorities to check whether he may be entitled to a pension or another benefit.
