The Zeeland District Court in Middelburg has ruled against a taxi driver who has wrongfully used the Tozo scheme by order of the Municipal Executive of the Municipality of Sluis. The Board suspected that the Claimant did not actually reside at the address provided. The bank statements submitted by the taxi driver showed that they were sent to a different address. This prompted the Board to investigate the driver's place of residence and whereabouts. The Zeeuws-Vlaanderen social investigation department has conducted file research, made observations near the benefit address and heard a number of local residents there.

In the decision of January 5, 2021, the college revised and revoked the Tozo benefit awarded to taxi driver for the period from March 1, 2020 to September 30, 2020, with the result that the unduly paid benefit was reclaimed from him for an amount of € 9.911,38 gross. The driver argued that he registered in the municipality and had his place of residence there, even before there was any question of a Tozo benefit. The reason was that he was divorced and had no shelter. The stay was intended to be temporary until he could return to his previous residence.

The taxi driver does not deny that he has also stayed elsewhere. That was to be able to carry out his work as a taxi driver and to look for new work. In addition, he could regularly be found in the relevant place of residence to see his children and to help his ex-wife. He also visited his parents. However, he slept in another municipality and his things were there. The taxi driver argued that the report of the social police is insufficient for the conclusion that he did not live in the place of residence in question. According to him, the fact that local residents do not recognize him does not mean anything because he often arrived in the evening and left again in the morning. The car with the taxi registration number has rarely or never stood in the street because it is not allowed to drive privately. Finally, the taxi driver stated that the college wrongly has decided to reclaim the Tozo benefits from him.