Victory for Moroccan National: Court Rules Against Repayment to Liège CPAS
A Moroccan national, who found himself stranded in Morocco for several months due to the COVID-19 pandemic, faced a daunting repayment of €4,431.83 to the Public Centre for Social Action (CPAS) of Liège. Initially ordered to repay this amount at a rate of €100 per month, he successfully appealed this decision, ultimately leading to a favorable outcome.
Born in 1984, this individual arrived in Belgium in 2014, holding a residence permit, and is a father of four children. Since 2016, he has been receiving an integration income at the isolated rate, as well as assistance aimed at covering child support payments. On February 19, 2020, he traveled to Morocco, ostensibly to visit his ailing father, with the intention of staying just one week. However, an ongoing legal dispute with his ex-wife regarding their daughter, who was living in Morocco, necessitated his presence there, leading him to appear before a Moroccan court on February 25.
The crux of the issue arose from his failure to inform the CPAS of his departure, as Belgian regulations stipulate that any stay abroad lasting a week or more must be reported. Just a few weeks later, on March 14, 2020, the global health crisis triggered a suspension of return flights, leaving him stranded in Morocco until July 31, when borders reopened. Throughout this five-month ordeal, he continued to fulfill his financial obligations in Belgium, which included €375 in rent, €85 in utilities, and €150 in child support, alongside other bills.
It wasn't until 2021 that the CPAS became aware of his extended stay in Morocco, following a review of a family court decision from Liège. The administration concluded that he had received financial aid he was no longer entitled to during his absence, demanding a total of €4,206.83 in integration income and €225 in social assistance, culminating in the aforementioned total of €4,431.83.
Legal Battle: Overturning the Initial Ruling
Despite contesting the repayment, he lost his initial case. On October 10, 2022, the Labour Court of Liège upheld the CPAS's decisions, ordering him to repay the full amount at a rate of €100 per month. However, he appealed this judgement. In a groundbreaking turn of events, the Labour Court of Liège, in its ruling dated October 4, 2023, reiterated that while the integration income can typically be suspended after four weeks abroad, the CPAS has the discretion to maintain it under exceptional circumstances that justify an extended stay.
The court determined that this was indeed the case for the Moroccan national. When he was preparing to return to Belgium, the borders were closed, and due to his Moroccan nationality, he could not avail himself of repatriation measures or any other means to return. Furthermore, the court recognized that the legal dispute with his ex-wife also justified his continued presence in Morocco at the time the travel restrictions were enforced. There was no substantial evidence to suggest that he had intended to commit fraud. The inconsistencies in his initial explanations were deemed insufficient to alter this conclusion. It was acknowledged that he faced significant challenges with the French language, often struggling to understand questions and lacking the ability to read or write in the language.
Additionally, during his absence, he maintained his residence in Belgium, continued to meet his financial obligations, and returned to the same residence upon his arrival back in Belgium. Consequently, the court overturned the initial ruling, determining that the €4,431.83 did not need to be repaid. Instead, the CPAS was ordered to continue the integration income from March 19 to July 30, 2020, along with the relevant social assistance between April and June. The administration was also required to cover the appeal costs, totaling €437.25 in procedural fees.
This case illustrates that the forced stay in Morocco did not financially burden the individual. The court recognized the closure of borders as an exceptional circumstance that prevented the CPAS from demanding repayment for the financial assistance provided during the months when his return to Belgium was unfeasible.
As reported by bladi.net.
