How much is the daily penalty per day?

€23 per day for the first 14 days, €35 per day for the next 14 days, €45 per day for the final 14 days. Total cap €1,442 after 42 days.

Does the daily penalty start automatically?

The clock starts automatically once the 14-day Notice window has expired without a decision. The payment itself still requires a written claim letter.

How do I claim the daily penalty?

Send a one-page claim letter to the authority naming the period, the daily amount, the total, your IBAN, and a two-week payment term. Send by registered mail.

When must the authority pay?

Within six weeks of the expiry of the 14-day Notice window, under Awb 4:18. In practice most payments arrive within four to eight weeks of a written claim.

Is the daily penalty taxable income?

Yes, as resultaat uit overige werkzaamheden in box 1 of the personal income-tax return. Usually too small to affect the tax bracket.

What if the authority refuses to pay?

The district court (rechtbank) can enforce the daily penalty in the same appeal that pursues the missing decision (Awb 6:12 plus Awb 8:55d). The court can add a court-imposed daily penalty on top.

Can the daily penalty be reduced?

No discretionary reduction by the authority. The amounts are fixed by Awb 4:17(2). The court can adjust only if it rules the Notice itself was procedurally defective.

Does a valid Awb 4:14 extension cancel the daily penalty?

A valid extension sent before the Notice's 14-day window expires resets the calendar. No daily penalty accrues until the new committed date also passes.

Can MP take a cut of the daily penalty?

No. The daily penalty is paid by the authority directly to the applicant. MP's fee is the file-opening €8.75 plus the optional €12.40 escalation, regardless of whether the daily penalty is paid or not.

Where can I read the original text?

Awb art. 4:17 is at wetten.overheid.nl. The text is short and quoted verbatim in every Notice of Default we draft.

Awb 4:17 explained · the daily penalty (dwangsom)

What Awb 4:17 actually says

The article is short. 4:17(1): if the authority does not decide on time, it owes the applicant a daily penalty for every day it remains in default, up to a maximum of 42 days. 4:17(2): the daily amount rises in three tiers, from €23 to €35 to €45. 4:17(3): the first day of default is the day after the Notice of Default's 14-day window has expired. The cap of €1,442 is the sum of 14 × €23 + 14 × €35 + 14 × €45.

The daily penalty is automatic. The applicant does not have to ask for it to start. The applicant does have to claim it in writing for it to be paid.

The 2026 daily penalty schedule

Period after the 14-day Notice window	Daily amount	Cumulative
Days 1 to 14	€23 / day	€322
Days 15 to 28	€35 / day	€812
Days 29 to 42	€45 / day	€1,442
Day 43 onwards	€0 (cap reached)	€1,442 (maximum)

The amounts are set by Awb 4:17(2) and are not indexed automatically; they have been stable for more than a decade. If the legislator updates them, the figures here change.

When the daily penalty starts

Three things must be true. First, the underlying statutory term in Awb 4:13 (or the procedure-specific term) must have actually passed. Second, the applicant must have served a valid Notice of Default and the authority must have received it. Third, the 14-day response window in Awb 4:17(3) must have expired without a decision. The day after that, the daily penalty begins.

How to claim it

1
Calculate the period and the amount

Count the calendar days from the day after the 14-day window expired up to today (or up to the day the decision was finally given). Apply the tiered schedule. The result is what the authority owes you.
2
Write the claim letter

One page. Name the application reference, the Notice of Default date, the date the 14-day window expired, the number of daily penalty days, the cumulative amount, your IBAN, and a payment term of two weeks.
3
Send by registered mail

PostNL Aangetekend or via Mijn IND. Keep the proof of delivery. Most disputes are about the date of receipt.
4
Wait for payment

Under Awb 4:18, the authority must pay within six weeks of the expiry of the 14-day Notice window. In practice most payments arrive within four to eight weeks of a written claim.
5
Escalate if unpaid

If the daily penalty is refused or ignored, the district court can enforce it under Awb 6:12 + Awb 8:55d. The court can also impose a further daily penalty on top.

Common scenarios

Decision arrives on day 13 of the 14-day window. No daily penalty. The Notice did its job.
Decision arrives on day 16. Daily penalty is €23 × 2 = €46. Small but symbolic.
Decision arrives on day 50. Cap reached. €1,442.
Decision never arrives. Daily penalty capped at €1,442; next lever is the court appeal under Awb 6:12 with a court-imposed daily penalty on top.
Authority sends a valid Awb 4:14 extension before the Notice expires. The clock resets to the new committed date; no daily penalty until that new date passes.

What does not stop the daily penalty

A status update letter that says only "uw aanvraag is in behandeling" ("your application is in progress"). Status is not extension.
A telephone call from a caseworker promising a decision "soon".
An internal IND escalation that does not produce a written decision.
An objection (bezwaar)-decision on a separate matter unrelated to the application that is in default.

Is the daily penalty taxable?

Yes. The Dutch tax authority treats it as resultaat uit overige werkzaamheden (income from other activities) under box 1 of the personal income-tax return. The amount is usually too small to push anyone into a higher bracket. For most applicants, the daily penalty adds about €0 to €600 to taxable income.

Where MigrationProvision sits

Day 1 to 14 we draft and send the Notice. Day 15, the system flags the file. Day 16 onward, the daily penalty-claim letter goes out as part of the escalation step. We never take a cut of the daily penalty; it is paid directly by the authority to the applicant's IBAN. Our €12.40 escalation fee covers the claim letter, the Ombudsman complaint preparation, and the court-appeal bundle, all on the same working day.

When the authority does not decide on time, Awb 4:17 makes the silence cost money.