He Dies in Morocco, the Netherlands Refuse to Pay His Widow
A Moroccan woman was claiming a Dutch allowance after the death of her husband, who had been living in Morocco for nearly thirty years. The courts upheld the refusal: receiving money or healthcare from the Netherlands does not mean remaining insured in the country.
Her husband had left the Netherlands in 1998 to settle in Morocco. After his death, his widow had asked the Dutch Social Insurance Bank (Svb) to pay the ANW survivor’s allowance.
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The request had been rejected on the grounds that the deceased was no longer covered by this scheme at the time of his death. The widow contested the decision, arguing that her husband had maintained sufficiently strong ties with the Netherlands.
Ties with the Netherlands are not enough
In a decision issued on July 16, the Centrale Raad van Beroep ruled against her. Her husband no longer owned housing, had a fixed residence or held a job in the Netherlands. Visits to his family and acquaintances were likewise insufficient to consider him a Dutch resident.
The fact that he received healthcare in Morocco covered by the Netherlands, in exchange for paying a contribution, made no difference. The judges also noted that he had applied for and received a remigration allowance for several years, confirming that he had settled permanently in Morocco.
At the time of his death, the man did not work in the Netherlands and had not taken out voluntary insurance for the ANW. Nor was he covered by a Moroccan scheme that would have allowed his widow to benefit from the social security agreement concluded between the two countries.
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The courts therefore upheld the refusal of the survivor’s allowance. This case serves as a reminder that a former career in the Netherlands, Dutch benefits or medical coverage in Morocco do not automatically guarantee the spouse any rights after death.