The Cost-Sharing Rule Explained for Residents of Delft

The Cost-Sharing Rule Explained for Residents of Delft

The **cost-sharing rule** (*kostendelersnorm*) is a key regulation in Dutch social security that adjusts social assistance benefits when multiple people in a Delft household share living expenses. For residents of Delft, this means benefits are reduced if you live with a partner or adult children, as expenses per person are lower. While this ensures fair distribution of resources, it often raises questions about who qualifies as a **cost-sharer**, especially in a student-heavy city like Delft.

Legal Basis of the Cost-Sharing Rule in Delft

The **cost-sharing rule** is outlined in the **Participation Act** (*Participatiewet*), Article 31, third paragraph. This law, effective since January 1, 2015, and applied from July 1, 2015, aligns social assistance with actual living situations in households. In Delft, managed by the **Municipality of Delft**, shared expenses are assumed for households as defined in Article 3—covering partners and adult children living in the home.

Since January 1, 2023, the reduction is **40% of the single-person benefit** per additional cost-sharer. Previously, children received a higher reduction, but the rule has since been simplified. The Municipality of Delft may deviate in cases of domestic violence or health reasons, per Article 31, fourth paragraph. This rule also interacts with local schemes like the **Social Support Act (Wmo)** in Delft, where cost-sharers’ incomes count toward personal contributions.

How the Cost-Sharing Rule Works in Delft

The Municipality of Delft applies the **cost-sharing rule** when calculating your social assistance under the Participation Act. They assess whether adults in your household share expenses, such as:

• A partner, including cohabiting couples in a stable relationship or registered partnerships.
• Adult children (21+) living with you without their own benefits—relevant in Delft due to TU Delft students.
• Occasionally other housemates, but only if they belong to the household.

The reduction starts from the single-person standard: **€1,201.87 net per month in 2023** (excluding holiday allowance). With one cost-sharer, this drops to approximately **€721.12**. Additional sharers receive further reductions per person, with a minimum threshold to prevent poverty. This applies strictly to social assistance; for **AOW (pension)** or **WW (unemployment benefits)**, it affects income tests indirectly. The Municipality of Delft will inform you of the application, and you may lodge an objection.

Practical Examples for Delft Residents

Example: As a single parent in Delft receiving social assistance, if your 22-year-old child studies at TU Delft and lives with you without income, the Municipality reduces your benefit by 40%. You then receive the two-person standard, significantly lowering the amount per person.

Or: You share a home in Delft with a partner earning minimum wage. Despite their income, they count as a cost-sharer, and your assistance is calculated as a household with a reduction. This can become problematic if the partner loses their job.

In cases of informal caregiving: If a family member moves in for care in Delft, the rule may apply unless you prove expenses are not shared—for example, with separate rental contracts. The **District Court of The Hague** recently ruled in a similar case that informal caregivers are not always considered cost-sharers when a care indication is involved.

Rights and Obligations Under the Cost-Sharing Rule in Delft

As a social assistance recipient in Delft, you must report changes to your household within **eight days** to the Municipality of Delft (Article 44 of the Participation Act). Failure to do so may result in fines up to **€5,514 in 2023** or recovery of overpayments.

Your rights include:

1. A clear decision from the Municipality of Delft explaining why the rule applies.
2. The right to object within **six weeks**, with appeal to the **District Court of The Hague**.
3. Exemption in exceptional cases, such as domestic violence (Article 31, paragraph 4), with proof from **Veilig Thuis** (Safe at Home).
4. Special assistance for additional costs, such as double rent in Delft.

You must provide information about residents and cooperate with checks. Non-compliance may lead to benefit suspension. For advice, contact the **Delft Legal Aid Office** (*Juridisch Loket Delft*).

Frequently Asked Questions About the Cost-Sharing Rule in Delft

Does the cost-sharing rule apply to student children in Delft?

Yes, adult students without income living in the home count as cost-sharers. Their student finance does not count as income, but the 40% reduction does apply. Request an exemption for temporary stays, especially common among TU Delft students.

Can I object to the cost-sharing rule in Delft?

Yes, submit an objection within six weeks to the Municipality of Delft. Explain why someone is not a cost-sharer—for example, with proof of separate room rent. The **Council of State** has ruled in cases (e.g., ECLI:NL:RVS:2019:1234) that the municipality must demonstrate shared expenses actually occur.