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 If the complaint or request for mediation is withdrawn by the claimant, or if the complaint handling or mediation request is stopped for lack of the required elements, this does not interrupt the limitation period.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.