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. But 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 big 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.

Frequently asked questions

When did the CWS stop accepting applications?

On 19 March 2026 the Commissie Werkelijke Schade officially stopped accepting new applications. The commission, established in June 2020 to individually assess actual damages, could not process cases fast enough. The official reasons given were speed and efficiency.

Where did the waiting parents go after the CWS termination?

Approximately 7,000 parents in the queue were redirected to the forfaitary routes of Stichting Gelijkwaardig Herstel and MijnHerstel. State Secretary Palmen took this decision. These routes work with fixed amounts per damage type instead of an individual assessment of actual damages.

How much compensation has been paid out to victims in total?

As of 23 January 2026, approximately 3.36 billion euros had been paid out. Of that amount, 795.4 million euros covered the first assessment, 1.76 billion euros the integral assessment and 805.3 million euros the child scheme. In addition, mass payments of statutory interest started in April 2026.

Has the 30,000 euro Catshuis flat rate been indexed for inflation?

No, the flat-rate amount of 30,000 euros per parent has remained unchanged since December 2020. The research found no inflation correction whatsoever. According to the analysis, this absence of indexation compounds concerns about under-compensation of victims.

Read also

• The butcher as gatekeeper: the debate — why the cabinet keeps the prosecution service out
• The accountability matrix 2017-2026 — who knew what about the data vault, and who is still there
• The Corrupt Agenda of the Data Vault — the full timeline, 2019-2026
• The discovery of 64 million files — the discovery and the nine-month delay

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 februari2026
• herstel.toeslagen.nl, Catshuisregeling informatiepagina
• herstel.toeslagen.nl, Wettelijke rente informatiepagina
• herstel.toeslagen.nl, Feiten en cijfers IB, 11 februari 2026