Notice of Objection Against a Benefit Decision in Delft
In Delft, a notice of objection for benefits is the official procedure to challenge a decision on your social benefits, such as WW, social assistance or WIA. This follows the General Administrative Law Act (Awb) and is the initial phase of the objection and appeal process. With a notice of objection, you demonstrate why the decision is incorrect and request a new assessment. This article provides a Delft-specific step-by-step guide, tips and examples for residents of Delft.
What Does a Notice of Objection for Benefits Mean for Delft Residents?
A notice of objection for benefits concerns decisions by the UWV (WW, ZW or WIA), the Municipality of Delft (social assistance under the Participation Act) or the CAK (contributions). It is a formal legal step that requires the authority to review your file. A successful objection can result in your benefit being adjusted, reinstated or paid retroactively.
Key point: Start with the issuing authority itself, not directly with the District Court of The Hague. First objection, then appeal.
Legal Basis for Notices of Objection in Delft
The rules for a notice of objection for benefits are set out in the General Administrative Law Act (Awb):
- Article 6:3 Awb: Right to object to decisions.
- Article 6:4 Awb: Objection within six weeks of the date of dispatch.
- Article 6:7 Awb: Duplicate possible for oral decisions.
- Articles 6:12 and 6:13 Awb: Provisional relief in cases of urgent need.
- Article 7:1 et seq. Awb: Rules for hearings and decisions.
For social assistance in Delft, the Participation Act (art. 45) applies; for UWV, the WIA. In cases of equal treatment issues, you can consult the Equal Treatment Commission.
Step-by-Step Guide: Filing a Notice of Objection in Delft
- Review the decision: Check the letter for the date of dispatch, deadline and submission address, such as that of the Municipality of Delft.
- Meet the deadline: Six weeks. Late? Request an extension (art. 6:11 Awb) with a valid reason, such as illness.
- Draft the notice of objection: Use the model from UWV or the Municipality of Delft, or write your own. Include:
- Name, address, BSN, case number.
- Date of the decision.
- Demand: 'Objection to...'.
- Reasoning with facts and evidence.
- Signature.
- Submit: By registered mail or digitally via Mijn UWV/DigiD. Keep proof of submission.
- Follow up: Receive confirmation and invitation to a hearing (often within 10 weeks, possibly local in the The Hague region).
Example for Delft: Objection to WW Termination by UWV
Suppose: UWV stops your WW benefit due to missed job applications, but you applied to a Delft employer at TU Delft. In your notice of objection for benefits, state: "On 15-03-2023, I applied to TU Delft (attachments). The termination is incorrect." Attach evidence. After the hearing, UWV often reinstates with backpay.
Rights and Obligations in Objection Proceedings in Delft
Rights:
- Free of charge (no costs).
- Hearing, if relevant.
- Temporary benefit in need (art. 6:12 Awb).
- Assistance via Legal Aid Office Delft.
Obligations:
- Provide complete, honest information.
- Attach supporting documents.
- Attend the hearing.
Comparison: Objection vs. Appeal at District Court of The Hague
| Aspect | Notice of Objection | Appeal at District Court of The Hague |
|---|---|---|
| Timeframe | First step, 6 weeks | After objection, 6 weeks |
| Costs | Free | Court fee € 183 (2024) |
| Authority | UWV/Municipality of Delft | District Court of The Hague (sub-district) |
| Success | Often resolved internally | Higher threshold, but slower |
Frequently Asked Questions for Delft
Can I file a late objection?
Possibly with an extension (art. 6:11 Awb) if excusable (e.g., hospital stay). Request immediately with proof, or use excusable neglect (art. 6:24 Awb). Contact Legal Aid Office Delft.
No money during objection?
Request provisional relief (art. 6:12/8:81 Awb). The Municipality of Delft or UWV can provide temporary payment. Assistance via Legal Aid Office Delft.
How long until a decision?
Maximum 12 weeks (art. 7:10 Awb), otherwise penalty payment (art. 4:17). UWV average 14 weeks in 2023.
Is the hearing mandatory?
No, but useful. Bring evidence; otherwise, proceed to District Court of The Hague.
Tips for Delft Residents
- Contact Legal Aid Office Delft immediately for free assistance.
- Use local templates from the Municipality of Delft.
- Document everything for hearings in the region.