Objection Procedure with the Municipality of Delft
The objection procedure with the Municipality of Delft provides Delft residents with a formal route to challenge municipal decisions. Do you disagree with a decision on benefits, allowances, or Wmo support? File an objection within six weeks. This article guides you step by step through the process, with attention to deadlines, your rights, and practical tips tailored for Delft residents.
What does the objection procedure with the Municipality of Delft entail?
This procedure marks the starting point of the administrative law process and gives the Municipality of Delft an opportunity to reconsider a decision. For Delft residents, it often involves issues related to benefits such as social assistance under the Participation Act, special assistance, or minimum contributions. Unlike a simple complaint, an objection is legally enforceable, and the municipality must respond.
You begin by submitting a notice of objection. The Municipality of Delft then assesses whether the decision was careful and lawful. According to figures from the Council of State, around 40% of objections result in a better outcome for the appellant—a prospect that applies to Delft as well.
Legal basis of the objection procedure
The procedure is governed by the General Administrative Law Act (Awb). Key provisions include:
- Art. 6:3 Awb: Requirements such as being an interested party and having received notice of the decision.
- Art. 6:7 Awb: Six-week objection period after notification.
- Art. 7:1 Awb: Submit objection to the Municipality of Delft.
- Art. 7:10 Awb: Hearing mandatory upon request.
- Art. 7:11 Awb: Decision on objection within a maximum of 12 weeks, extendable.
For social services in Delft, additional rules apply from the Participation Act (art. 48 et seq.) and the Social Support Act (Wmo).
Step-by-step guide to filing an objection with the Municipality of Delft
The process follows a clear path. Here are the steps for Delft residents:
- Receipt of decision: The decision states your right to object and the deadline.
- Submit notice of objection: Send a letter with your personal details, a description of the decision, your arguments, and desired outcome. By mail to the Municipality of Delft or digitally via the portal with DigiD.
- Preliminary relief: Request suspension from the District Court of The Hague in cases of urgent harm (art. 8:81 Awb).
- Agreement without hearing: The municipality may uphold the objection immediately.
- Hearing: Mandatory upon request; bring support and evidence.
- New decision: Reconsideration within 12 weeks.
- Appeal: Unsatisfied? Appeal to the District Court of The Hague within six weeks.
Overview of deadlines in table
| Step | Deadline | Consequence if late |
|---|---|---|
| Submitting objection | 6 weeks after notification | Inadmissible (except remedy under art. 6:11 Awb) |
| Decision on objection | 12 weeks (extendable by 6 weeks) | Penalty payment after 14 weeks (art. 4:17 Awb) |
| Appeal to District Court of The Hague | 6 weeks after decision | Inadmissible |
Rights and obligations during the objection process
Your rights as a Delft resident:
- Access to your file (art. 8:29 Awb).
- Request for a hearing.
- Reimbursement of procedural costs if successful (art. 8:75 Awb).
- Free advice from the Juridisch Loket Delft.
Your obligations:
Practical examples for Delft
Example 1: Rejection of benefits
The Municipality of Delft rejects your benefits application due to 'excess assets'. With bank statements in your objection (art. 31 Participation Act) and a hearing, the benefit is granted.
Example 2: Termination of special assistance
Termination of medical expense reimbursement. Submitting invoices and a doctor's letter in the objection leads to reinstatement.
Example 3: Wmo in Delft
Rejection of wheelchair request; objection with specialist's report gets approval.
Strong evidence is key. In 2022, municipalities nationwide handled over 100,000 objections on social affairs, with ~35% success rate—relevant for Delft too.
Frequently asked questions
Can I file a late objection?
Possibly via the remedy period (art. 6:11 Awb) for late notification or valid reason. Submit immediately with proof to the Municipality of Delft.
No response on time?
After 14 weeks: penalty payment up to €1,260 (art. 4:17 Awb). Send a written reminder and demand a date.
Do I need a lawyer?
Not necessarily; try yourself or via Juridisch Loket Delft. For complex cases, seek help—costs often reimbursed.
Can I work during the procedure?
Yes, but report changes immediately (art. 62 Participation Act) to avoid issues.
Tips for success in Delft
Gather all evidence, such as bills and letters. Contact Juridisch Loket Delft for a free review. Submit via the Delft municipal portal for quick processing. Keep track of changes in your situation, in line with Delft's Participation Act approach.