Exempt Income Threshold for Benefits in Delft
In Delft, the **exempt income threshold** for benefits ensures that a protected portion of your benefit income remains safeguarded from creditors. This helps residents cover essential expenses such as rent in the city, groceries, and medical care. In the Netherlands, this system protects individuals with debt—particularly through social provisions. When income-based benefits like housing benefit or healthcare benefit are subject to attachment, a **legal exemption** applies, ensuring your basic needs are met while accounting for local conditions in Delft.
What Is the Exempt Income Threshold?
The **exempt income threshold** is a legally protected portion of your income and assets that creditors cannot claim. Its purpose is to prevent your entire income from being seized, allowing you to continue meeting daily expenses. This mechanism applies to wage garnishment, benefit attachments, and attachments on benefits. For low-income residents in Delft, benefits such as childcare allowance, healthcare benefit, and housing benefit are critical and fall under the **General Administrative Law Act (Awb)** as periodic income subject to attachment—but only above the exempt threshold.
The calculation of the exempt income threshold in Delft is based on your **net income**, household composition, and fixed costs, such as rent in the municipality of Delft. This amount is adjusted annually according to indexations and standards like the minimum wage and social assistance norms. For single individuals in Delft, the baseline often amounts to around **90% of the minimum wage**, with possible adjustments for locally relevant benefits, such as higher rental costs in the city.
Legal Framework
The exempt income threshold is established under the **Law on Exempt Income Threshold (Wgvp)**, introduced in 2019 and fully active since January 1, 2021. This law amends **Book 4 of the Dutch Civil Code (BW)**, particularly **Article 475 BW**, which governs the calculation method. For benefits in Delft, the **General Act on Income-Related Provisions (Awir)** also applies. Attachment of benefits is only permitted **above the exempt income threshold**, as stipulated in **Article 157 of the Bankruptcy Act (Fw)** in cases of bankruptcy.
The **Tax Authority**, responsible for benefits, must comply with the exempt income threshold when enforcing attachments in Delft. If a creditor—such as a bailiff—takes too much, you can contest this with the **District Court of The Hague**. The law requires an automatic calculation by the attaching party, but you can request a review in case of changes—such as adding a child or adjusting your benefits—through the **Delft Legal Desk** for free advice.
Calculating the Exempt Income Threshold
The formula for calculation is standardized:
- Start with your **net monthly income**, including benefits.
- Determine the exempt income threshold: for a single person in Delft, this is **90% of the minimum wage minus fixed expenses**, plus protected benefit amounts.
- For families with children: account for additional benefits, such as **€200 per child for childcare allowance**, considering local costs.
**Example for Delft:** You receive **€300 in housing benefit** and **€200 in healthcare benefit** monthly. With a net income of **€1,200**, the exempt threshold is approximately **€1,080** (90% of the minimum wage), leaving only **€120** available for attachment. In Delft, you can seek assistance from the **Municipality of Delft** for debt counseling to optimize this.
Application to Benefits
Benefits in Delft are vulnerable to attachment because they are paid directly into your account and count as income. However, the **Wgvp** provides specific protections: benefits below the social assistance standard—such as **healthcare benefit up to €113 per month for single individuals in 2023**—are fully exempt. This is particularly relevant following the **benefit scandal**, where Delft residents with repayments accumulated debt. The government offers a **moratorium on attachments** for affected individuals, and locally, you can turn to the **Delft Legal Desk** for support.
In practice, creditors sometimes attempt to claim everything, but the exempt income threshold corrects this. For **childcare allowance**, linked to employment in Delft, attachment prevents a downward spiral, as the Tax Authority only pays the excess to the creditor.
Practical Examples
Consider **Maria**, a single mother in Delft with two children. She receives **€400 in childcare allowance**, **€250 in housing benefit**, and **€1,000 in wages**. If her income is attached, the exempt threshold is calculated at **€1,500** (including child benefits), ensuring her benefits largely remain protected for local expenses like childcare and rent.
Another case: **Ahmed from Delft** has debts with an energy provider. Attachment of his **€113 healthcare benefit** is halted because it reaches the standard. This ensures his medical costs remain covered, and he can seek advice from the **Municipality of Delft**.
These examples illustrate how the exempt income threshold protects benefits in Delft, though errors occur. In 2022, the **subdistrict court of The Hague** ruled that excessive attachment of benefits was unlawful, ordering restitution.
Rights and Obligations
Your Rights in Delft:
- Automatic compliance with the exempt income threshold in case of attachment.
- Request a review if circumstances change (via bailiff, Tax Authority, or **Delft Legal Desk**).
- File an objection against incorrect calculations within **6 weeks** with the attaching party or **District Court of The Hague**.
- For benefit-affected individuals: additional safeguards under the **Temporary Compensation Act**, with local support from the **Municipality of Delft**.
- Provide up-to-date and accurate information about income and benefits.
- Report your exempt income threshold to the bailiff **within 8 days** of attachment.
- Continue repaying debts within legal limits.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.