Dutch retirement benefit scrapped in Morocco

Dutch Wajong benefit ends at retirement age, even after decades of payments in Morocco

A Moroccan resident in the country since the 1980s was still receiving a Dutch disability benefit for young people, the Wajong. On 17 March 2025, the UWV informed him that the payment would stop on 1 July that year, the day he reaches the statutory retirement age. The beneficiary took the case to the Amsterdam court, which ruled on 19 February 2026.

The man challenged the termination of his entitlement, citing his low contributions to the Dutch state pension, the AOW, a consequence of his long stay in Morocco. He also argued that his departure, partly motivated by medical reasons, had not been a completely free choice. He hoped to obtain an exemption to continue receiving the benefit.

The court identified a formal error by the UWV, which had applied the wrong legislative chapter to the file, one predating 2010. This error does not, however, change the substance: both legal provisions lead to the same outcome, the Wajong ceasing automatically at retirement age. The rule is mandatory and leaves the body no discretion to grant an exception, whatever the personal circumstances.

The argument of an implicit promise arising from decades of payments was rejected. The absence of any document guaranteeing the continuation of the benefit after retirement prevents the creation of a lifelong right. Moreover, the applicant did not prove that his income would fall below the Moroccan social minimum, failing to provide precise statements of income, expenditure or other possible benefits.

The appeal is therefore dismissed and the UWV's decision upheld. The court advises the individual to approach the Sociale Verzekeringsbank or the competent Moroccan bodies to assert any possible entitlement to a pension or another form of assistance.

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