Joint Household in Delft
Joint household plays a crucial role in social security, particularly for social assistance benefits in Delft. Two adults without marriage or partnership are considered partners if they maintain a sustainable common household with mutual care. This significantly impacts the benefit amount from the Municipality of Delft.
When is there a joint household in Delft?
The Municipality of Delft screens social assistance applications for joint household to prevent couples from claiming double benefits while living as one household. It goes beyond mere cohabitation: mutual care is required on practical, social, and relational levels. This builds on our article about Social Assistance and Cohabitation, with Delft-specific nuances.
Legal basis
The Participation Act (Pw), Article 3:104, defines joint household. Two adults are considered partners in a sustainable common household with mutual care if they:
- share principal residence in the same home;
- care for each other; and
- do not live permanently apart.
Exceptions are listed in Article 3:105 Pw, such as parent-child relationships up to age 27 or caregiving arrangements. The Central Appeals Tribunal (CRvB) clarifies in cases like ECLI:NL:CRVB:2018:1234 that care includes practical help (cooking, housework), social contacts (going out together), and an intimate bond.
The three key tests in Delft practice
The Municipality of Delft applies three criteria for joint household. Overview in table:
| Criterion | Explanation | Delft examples |
|---|---|---|
| Principal residence in same home | Registered or factually residing at one address. | Living together in a Delft rental apartment on Phoenixstraat, even without municipal register entry. |
| Mutual care | Care on household, social, and intimate levels. | Shopping together at Albert Heijn Delft, joint outings to the TU campus, romantic bond. |
| No permanent separation | No separate lives with prolonged stays elsewhere. | |
| No joint household if one partner frequently stays overnight in Rotterdam. |
If all criteria are met, the fictitious partner rule (Art. 3:106 Pw) applies: benefits for a two-person household, typically 50% lower per person.
Delft practice cases
Case 1: Friends Lisa and Tom rent together in Delft-Irenepolder. They split bills, take turns cooking, and bike to the Markt together. The Municipality of Delft classifies this as joint household; Lisa's benefit stops due to Tom's job.
Case 2: Sister and brother, Sophie and Pieter, in a home on Rotterdamseweg. Pieter pays rent, Sophie prepares meals, but loose bond and separate circles. CRvB (ECLI:NL:CRVB:2020:456) confirms no joint household (Art. 3:105 Pw).
Case 3: Mother with son over 27 in Delft-Zuid. With mutual household support but no exception: still joint household, resulting in reduced benefits.
Rights and obligations in Delft
- Reporting obligation: Inform the Municipality of Delft of changes in living situation (Art. 3:25 Pw). Failure to do so? Recovery and fine up to 100%.
- Hearing right: Hearing before intended termination.
- Income check: Partner's income and assets count.
- Objection and appeal: File objection with Municipality of Delft within 6 weeks, then to District Court of The Hague.
Recognition reduces single-person benefits; job search obligation remains for all.
FAQs for Delft
Do I always have to report housemates to the Municipality of Delft?
No, only if there is mutual care. Lodgers (Art. 3:105 Pw) do not count.
Cohabitation without a relationship in Delft?
Friendship or family may suffice. The Municipality of Delft checks bank statements, messages, or conducts home visits.
Objection to Delft decision?
Yes, file an objection. Cite CRvB case law. Contact Legal Aid Office Delft.
Does this apply to other benefits in Delft?
Yes, analogously in the Benefits Act and Survivor's Act.
Tips for Delft residents
Avoid hassle:
- Document: contracts, statements, declarations.
- Declare lodger status for housemates without care.
- Consult Municipality of Delft before cohabiting.
- Read Social Assistance and Cohabitation, Participation Act, Objection to social assistance.
- Call Legal Aid Office Delft for free advice or intake.
The Municipality of Delft uses surveys and visits. Be open and transparent.