Uitspraak Nº 19/2177 ZVW. Centrale Raad van Beroep, 2020-07-31
Court | Centrale Raad van Beroep (Nederland) |
Docket Number | 19/2177 ZVW |
ECLI | ECLI:NL:CRVB:2020:1686 |
Datum uitspraak: 31 juli 2020
Centrale Raad van Beroep
Enkelvoudige kamer
Uitspraak op het hoger beroep tegen de uitspraak van de rechtbank Den Haag van 8 april 2019, 18/5027 (aangevallen uitspraak)
Partijen:
[appellant] te [woonplaats] , Frankrijk (appellant)
PROCESVERLOOP
Appellant heeft hoger beroep ingesteld.
CAK heeft een verweerschrift ingediend.
Appellant heeft een nader stuk ingediend.
Geen van de partijen heeft binnen de gestelde termijn verklaard gebruik te willen maken van het recht ter zitting te worden gehoord, waarna de Raad het onderzoek met toepassing van artikel 8:57, derde lid, van de Algemene wet bestuursrecht heeft gesloten.
1. De Raad gaat uit van de volgende feiten en omstandigheden.
Appellant ontvangt vanaf [datum] 2016 een pensioen ingevolge de Algemene Ouderdomswet. Hij heeft een woning in Frankrijk en verblijft daar met regelmaat. In hoger beroep heeft hij verklaard dat hij sinds 2007 in Frankrijk woont.
CAK heeft appellant bij besluit van 10 augustus 2017 op grond van Verordening (EG) nr. 883/2004 vanaf 8 augustus 2016 als verdragsgerechtigde aangemerkt, waardoor hij recht heeft op zorg in zijn woonland (Frankrijk) ten laste van Nederland. Voor dit recht op zorg is appellant op grond van artikel 69 van de Zorgverzekeringswet een bijdrage verschuldigd (buitenlandbijdrage). Bij besluit van 8 november 2017 heeft CAK het bezwaar van appellant tegen het besluit van 10 augustus 2017 ongegrond verklaard. Hiertegen heeft appellant geen beroep ingesteld.
CAK heeft bij besluit van 29 januari 2018, na bezwaar gehandhaafd bij besluit van 25 juni 2018 (bestreden besluit), de buitenlandbijdrage voor de periode van [datum] 2016 tot en met 31 december 2016 vastgesteld op € 326,45. Hieraan heeft CAK ten grondslag gelegd dat appellant verdragsgerechtigd is en daarom een buitenlandbijdrage verschuldigd is. Het is aan appellant om zich met een formulier E 121 te melden bij het bevoegde orgaan van zijn woonplaats, de Caisse Primaire d’Assurance Maladie (CPAM), om zijn recht op zorg ten koste van Nederland te kunnen effectueren. CAK heeft hem dit formulier toegestuurd.
2. De rechtbank heeft het beroep van appellant tegen het bestreden besluit ongegrond verklaard. De rechtbank heeft overwogen dat met het onherroepelijk geworden besluit van 10 augustus 2017 vaststaat dat...
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