Geschillencommissie (Complaints Committee)

The Geschillencommissie's appeal procedure is deliberately kept simple: via a simple request (via e-mail, post or personal delivery), you, as a citizen who disagrees with the payment fund's decision, can start an appeal procedure. You, therefore, do not have to hire a lawyer to file a petition or act on your behalf during the procedure. 

The Geschillencommissie's appeal procedure is free of charge. Only if the Geschillencommissie deems the appeal to be vexatious or frivolous, the claimant must pay the costs. If the claimant does decide to hire a lawyer, the claimant will of course bear the lawyer's fees themself.  

The Geschillencommissie will immediately compile a file and process the request, so you will receive a decision in the shortest possible time.

Allowing an administrative appeal to one single Geschillencommissie ensures a level of consistency in payment fund's decisions. The possibilities of the administrative appeal must be exhausted before filing a jurisdictional appeal with the labour court. 

The specific composition of the Geschillencommissie ensures that a form of case law is established. As an added value, over time, it becomes clear how an interpretation of a particular issue takes shape, allowing payment funds to adjust their services accordingly. 

It also helps reduce excessive litigation.

The Geschillencommissie is authorised to take a binding decision on disputes regarding payment funds' decisions on family policy allowances, or regarding their failure to reach a decision within the allotted time.

The Geschillencommissie has jurisdiction only for appeals against decisions made by payment funds since the Groeipakket was established on 1 January 2019 and for periods from 1 January 2019 onwards. For appeals against decisions for periods before 1 January 2019, the labour/family court has jurisdiction.

The petition must be filed within the stipulated appeal period, namely no later than 3 months, counting from the third day after the notification of the payment funds' decision or its failure to decide.

The Geschillencommissie is not competent for disputes concerning the designation of the beneficiary, nor for disputes concerning the qualification of the severity of the support need concerning the care allowance.

Mediation

Preferably, the claimant first submits their dispute to the payment fund that made the decision.

If this does not lead to a solution, the Agentschap Uitbetaling Groeipakket's Klachten- en bemiddelingsdienst can take on a mediating role. This means they can provide an interpretation of the decision taken by the payment fund if that decision was taken in accordance with the regulations. If the Klachten- en bemiddelingsdienst considers the decision as not taken in accordance with the regulations, they will consult with the payment fund to rectify the situation.

Although going through this preliminary process is not a requirement to appeal directly to the Geschillencommissie, it is recommended that claimants make use of it. Appealing to the Klachten- en bemiddelingsdienst interrupts the time limit for filing a petition with the Geschillencommissie. If the complaint or request for mediation is withdrawn by the claimant, or if the complaint handling or mediation request is stopped for lack of the required elements, this does not interrupt the limitation period.

How do you file a petition at the Geschillencommissie?

A petition can be filed:

• by e-mail to geschillencommissie@opgroeien.be
• by post to Opgroeien, Geschillencommissie, Hallepoortlaan 27, 1060 Brussels
• by personally delivering it to the reception desk at the above address

What details should you include in your petition?

Be sure to include:

• the first name, surname and national register number of the claimant and the child(ren)
• the name of the Groeipakket payment fund
• a scan or digital photograph of the payment fund's decision you are appealing against
• the reasons why you are appealing
• optionally: any relevant documents to support your appeal
• whether you have already filed an appeal with another department
• the postal address at which you wish to receive correspondence from the Geschillencommissie.

Appeals procedure

If you file a petition at the Geschillencommissie, you will receive a registered letter stating whether the petition is admissible. If your petitioin is admissible, you will be informed of the date on which the Geschillencommissie will review your petition. 

In preparation for the hearing, the Geschillencommissie's secretariat will ensure that a complete file is compiled containing all useful administrative and legal elements to make sure that the Geschillencommissie has all the relevant information to be able to rule on the merits of the petition in full knowledge of the facts. The secretariat will, therefore, ask the claimant to provide all useful elements, documents, etc. The payment fund will also be asked to provide detailed reasons for the disputed decision. 

You don't have to be present at the hearing but it may be useful if you wish to give additional explanations (e.g. recent new elements ...). Afterwards, the Geschillencommissie deliberates behind closed doors. This means that you cannot be present during the deliberations and that you cannot be informed of the final decision on the hearing day. 

You will receive the Geschillencommissie's decision within four weeks of the hearing. The Geschillencommissie's decision is binding for the parties and enforceable. 

If you disagree with the Geschillencommissie's decision, you can file an appeal before the labour court within 3 months of the notification of the decision.

The Geschillencommissie offers parents an organised administrative appeal to an independent body.

The Geschillencommissie consists of the chairman and two assessors: an assessor nominated by Opgroeien and an assessor nominated by the Groeipakket payment funds. The latter assessor sits by rotation, ensuring impartiality by ensuring that this member can never sit for complaints by a parent against the payment fund the assessor represents. A deputy chairman and deputy members are also appointed to ensure continuity and legality of the Geschillencommissie. The chairman and members of the Geschillencommissie are appointed for a specified term of four years, renewable. In order for the chairman and members to perform their roles in maximum independence, several incompatibilities have been laid down, which prevent a number of positions from being held during the term of appointment. 

The Geschillencommissie is assisted by the secretary in all its operations in the handling of the appeal. 

The chairman, members and staff of the secretariat of the Geschillencommissie are bound by the duty of discretion in relation to the facts, acts and information of which they have become aware during the proceedings of the Geschillencommissie. 

When a petition filed at the Geschillencommissie is declared admissible, the claimant is informed of the composition of the Geschillencommissie in order to allow for a possible challenge if the parent were to believe that the appointed member could not judge impartially.

You can consult the Geschillencommissie's decisions on G-pedia.