Please note: The algorithm descriptions in English have been automatically translated. Errors may have been introduced in this process. For the original descriptions, go to the Dutch version of the Algorithm Register.
Calculation of Payment Free Foot
- Publication category
- Impactful algorithms
- Impact assessment
- DPIA
- Status
- In use
General information
Theme
Begin date
Contact information
Link to publication website
Responsible use
Goal and impact
The purpose of the algorithm is to implement the Simplification of Attachment-Free Feet Act and support garnishers in calculating the debtor's attachment-free foot and the associated repayment capacity.
As a result, compared to the previous method of calculation, a debtor has to provide much less data to the garnishee himself. The attachment-free foot, which belongs to the debtor's living situation, is much more often determined correctly immediately and the process works more efficiently for the garnishee.
Considerations
Advantages
- Scale; About one million garnishments and one million settlements are calculated every year that fall under the attachment-free foot. If this all had to be calculated manually, it would cost a lot more time and money. By calculating the attachment free foot automatically as much as possible, we keep the costs for the garnishee as low as possible.
- Interest of debtor; The use of the algorithm and connected sources, helps the debtor to get the attachment free foot to which they are entitled. Moreover, it reduces the amount of data that has to be provided manually by the debtor to the garnishee.
- Standardised working method; All attachment parties use the same sources and algorithm. This ensures a uniform calculation of the attachment-free foot by all attachment parties.
- Up to date; After a maximum of one year, the attachment-free foot must be recalculated, so that the attachment-free foot remains as close as possible to the current living situation.
Disadvantages
- Not all information can be accessed from data held by government agencies. On the basis of the documents sent by the attachment creditor, the debtor will have to check himself whether additional information needs to be supplied to the attachment creditor. This information may still change the amount of the determined attachment free amount.
Human intervention
The algorithm, combined with the connected sources, provides an automated calculation of the attachment-free foot with the data available at the time. The outcome does not determine the final attachment. If the garnishee has additional information, which affects the calculation, this should be used. The debtor also has the opportunity to provide additional information to the garnishee within a few weeks of receiving the attachment. The garnishee must then recalculate the attachment free amount using this new information.
There is also the possibility on the website www.uwbeslagvrijevoet.nl/controleren to recalculate the attachment-free foot and check whether it has been calculated correctly by the garnishee.
Risk management
The algorithm has been evaluated and adjusted several times in recent years based on newly gained insights from the results of completed surveys or on new objective information from other government organisations.
Legal basis
Links to legal bases
Impact assessment
Operations
Data
- Income data from the UWV Polis administration
- Personal data from the BRP
- Standard values from the Rent Supplement Act
- Child budget, Participation Act
- Care allowance
- Act simplifying attachment-free feet.
Technical design
Calculation modules based on this algorithm have been developed by four parties. These calculation modules give the same attachment free base (FSA) in all cases based on the same input.
The Tax and Customs Administration and the UWV have built this into their systems for their own organisations. In addition, the SNG has developed this for bailiffs and municipalities. The combination BKWI (Bureau Keteninformatisering Werk en Inkomen) and BIDN (Bureau InformatieDiensten Nederland) has also developed this for the CJIB (Central Judicial Collection Agency), the LBIO (Landelijke Bureau Innings Onderhoudbijdragen), the SVB (Sociale Verzekeringsbank), the municipalities and the Water Boards.
Calculating the BVV involves a few steps:
1. Collecting data
In this phase, the data needed to run the algorithm is collected. The garnishee invokes the calculation module using the debtor's Citizen Service Number. The necessary personal data is retrieved from the BRP and the necessary income data from the Policy Administration. The garnishee can specify more data if it is known and needs to be taken into account in the algorithm.
2.Selecting and transforming data
The results of the algorithm depend on the living situation, the indication period of income, estimated taxable annual income and the legal standard factors to be applied. Determining these is also described in the algorithm. This is called selecting and transforming the data.
3. Basic BVV Calculation
In this phase, the algorithm calculates the debtor's so-called Basic GFS. This uses all available income data and does not yet take into account already existing attachments and/or offsets.
4. Determining the applied part of the GFS
Once the part of the income to be attached has been determined, it can be determined how the attachment-free reserve applies to that income, in order to arrive at a repayment capacity. The calculation module calculates all values, even if they are not all used on the letter to the debtor.
5. Execution customer contact
This phase takes place after execution of the algorithm. The algorithm must provide all the data that the garnishee legally requires as a minimum to determine and communicate the attachment. Communication takes place via a letter with a fixed format. The information in it must be filled with information from the algorithm. After the debtor has received the letter, it can be checked for accuracy via the calculation module at www.uwbeslagvrijevoet.nl/controleren.
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