The daily penalty accrues automatically. But it does not pay itself.

The claim letter, on one page

1. 1
   Name the application and the Notice

   Application reference, date of receipt, date of the Notice of Default, date the 14-day window expired. The authority must be able to identify the file in one sentence.
2. 2
   Calculate the period and the amount

   Days 1 to 14 at €23, days 15 to 28 at €35, days 29 to 42 at €45. Stop counting on the day a decision was finally given (or today, if still pending). The result is the cumulative amount up to the €1,442 cap.
3. 3
   State the IBAN and beneficiary

   Your IBAN and the name on the account. The authority pays in your name, not your representative's, unless a power of attorney explicitly delegates payment.
4. 4
   Set a two-week payment term

   "Ik verzoek u het verschuldigde bedrag van €[X] binnen 14 dagen na ontvangst van deze brief over te maken op IBAN [...]."
5. 5
   Cite Awb 4:17 and 4:18

   Quote the relevant clauses verbatim. This removes any argument that the authority did not know its obligation.
6. 6
   Sign, date, send registered

   Wet signature, today's date, PostNL Aangetekend or via Mijn IND. Keep the proof of delivery.

The claim letter does the procedural work of converting an accrued daily penalty into a paid one. Without it most IND units do nothing.

When the authority must pay

Awb 4:18: "Het bestuursorgaan stelt de verschuldigdheid en de hoogte van de daily penalty bij beschikking vast." The authority issues a separate decision (the vaststellingsbeschikking daily penalty) confirming the amount, and pays within six weeks of the original Notice's 14-day window. In practice most payments arrive within four to eight weeks of a written claim, often combined with the substantive decision.

What if the authority refuses or stalls

• Refusal on the merits. The vaststellingsbeschikking says "no daily penalty owed" with a reason (e.g., "Notice was procedurally defective"). This decision is open to objection within six weeks under Awb 7:1, then court appeal.
• Silence. The authority does not respond at all. After six weeks under Awb 4:18, the daily penalty-vaststelling itself becomes overdue. A second Notice of Default can be served on the daily penalty-decision (this is permitted; the daily penalty-decision is itself a Awb-decision).
• Partial payment. The authority pays a smaller amount than calculated, often disputing the start date. The shortfall is open to objection within six weeks of the partial-payment decision.
• Late payment. Six weeks have passed; payment arrives in week eight. The daily penalty is paid in full but no further compensation is automatic.

Court enforcement

When the daily penalty is owed but unpaid, the district court route follows. The same court appeal-tegen-niet-tijdig-beslissen that pursues the missing decision under Awb 6:12 can also include the daily penalty claim. The court reviews both: did the term pass, was a Notice served, what is the amount owed, has it been paid. The judgment under Awb 8:55d can order payment and add a court-imposed daily penalty on top for each further day.

Is the daily penalty taxable?

Yes. The Dutch tax authority treats the daily penalty as resultaat uit overige werkzaamheden (income from other activities) under box 1 of the personal income-tax return. The amount is usually small enough that it does not change the bracket. The vaststellingsbeschikking serves as the tax-acceptable proof of the income.

Where MigrationProvision sits

The daily penalty-claim letter is part of the €12.40 escalation step. It goes out on day 15 of the Notice timeline together with the Ombudsman complaint preparation and the court-appeal bundle. The daily penalty itself is paid by the authority directly to the applicant's IBAN. We never take a cut.