CWS Termination: Shift from Actual Damages to Forfaitary Compensation

Executive Summary

The Commissie Werkelijke Schade (CWS) was established in June 2020 to assess individual claims for actual supplementary damages suffered by toeslagenaffaire victims. On March 19, 2026, it officially ceased accepting applications. Approximately 7,000 parents in the CWS queue were redirected to two forfaitary routes: Stichting (Gelijk)waardig Herstel (SGH) and MijnHerstel, which use fixed amounts per damage category rather than individual assessment.

What Happened

The CWS was originally established to provide victims with compensation for their actual, individually assessed damages — the gold standard for justice. However, the commission could not process cases quickly enough. By March 2026, approximately 7,000 parents were waiting in the CWS queue with no realistic timeline for completion. State Secretary Palmen decided to redirect all waiting parents to alternative routes.

The new system uses 29 fixed damage categories across 5 life domains (financial, family, wellbeing & care, housing, work). Unlike CWS, which assessed actual damages, these routes provide forfaitary amounts per damage type. The official reason given was speed and efficiency: “The treatment via CWS takes long and could take years longer.”

Total compensation paid as of January 23, 2026: approximately €3.36 billion (first assessment €795.4M, integral assessment €1.76B, child scheme €805.3M). The Catshuis flat rate of €30,000 has not been indexed for inflation since 2020.

Evidence

(1) CWS officially announced cessation on March 19, 2026 via herstel.toeslagen.nl; (2) FAQ on schadeherstel.toeslagen.nl explicitly states: “CWS and Regieroute VSO compensate your actual damage. The routes via the foundation and digital route compensate a fixed (forfaitary) amount per type of damage”; (3) Exceptions remain for cases already in process, O/GS-only cases, and bereaved relatives; (4) No evidence found of inflation correction on the €30,000 flat rate; (5) Wettelijke rente (statutory interest) mass payments started April 2026, partially compensating for time value.

Analysis

The shift from actual damages to forfaitary compensation is legally significant for several reasons: (1) victims with above-average damages will be under-compensated; (2) the only route to individual damage assessment (CWS) is now closed; (3) the “administrative legal completion” alternative also results in a decision within the Wht framework, not individual assessment; (4) the civil courts remain theoretically available but are not integrated into the recovery trajectory. The absence of inflation correction on the €30,000 flat rate (unchanged since December 2020) compounds this concern. This represents a fundamental tension between procedural efficiency and substantive justice.

Sources

• herstel.toeslagen.nl — CWS wachtrij nieuwsbericht, 19 maart 2026
• schadeherstel.toeslagen.nl — FAQ “Hoe wordt de vergoeding berekend?”
• herstel.toeslagen.nl — 22e Voortgangsrapportage, 13 februari 2026
• herstel.toeslagen.nl — Catshuisregeling informatiepagina
• herstel.toeslagen.nl — Wettelijke rente informatiepagina
• herstel.toeslagen.nl — Feiten en cijfers IB, 11 februari 2026