The Points System in Legal Aid for Delft
The points system for legal aid helps residents of Delft recover procedural costs in disputes with administrative authorities, such as the Municipality of Delft or the Tax Authorities. If you win at the District Court of The Hague, reimbursement for your lawyer or legal advisor is calculated based on points for tasks performed. This system provides clarity and fairness, especially for local issues like parking fines or building permits in Delft.
Legal Basis of the Points System
The rules are set out in the Decree on Procedural Costs in Administrative Law (BPB), Article 1 and Annex 1, based on Article 8:75 of the General Administrative Law Act (Awb). The court must award costs to the winning party. The Council of State adjusts the rates and standard amounts annually in the Annex to the BPB.
This applies to cases before the administrative court, for example objections to decisions by the Municipality of Delft. It builds on the general procedural costs reimbursement in administrative law. Check current rates on the Government website or Council of State site, or at the Legal Aid Office Delft.
How Does the Points System Work?
The calculation involves three steps: awarding points for activities, multiplying by a weighting factor, and applying the value per point based on income. Maximum 50 points (factor 1) or 100 points (factor 2) per authority.
- Points per Task: From Annex 1 BPB. Examples relevant for Delft:
| Activity | Points |
|---|---|
| Notice of default | 0.5 |
| Handling revision request | 1 |
| Filing objection | 1 |
| Attending hearing (at District Court of The Hague) | 1 |
| Filing appeal | 2 |
| Submitting evidence | 1 per item (max 2) |
| Appeal with statement of defense | 2.5 |
- Weighting Factor: 1 for simple cases, 2 for complex ones (e.g., intricate local regulations in Delft).
- Value per Point: Depends on income (4 groups, 2024):
| Income Group | Income (single) | Income (cohabiting) | Price per Point |
|---|---|---|---|
| I (low) | € 27,900 or less | € 39,400 or less | € 108 |
| II | € 27,901 - € 46,500 | € 39,401 - € 65,300 | € 98 |
| III | € 46,501 - € 69,800 | € 65,301 - € 98,000 | € 82 |
| IV (high) | Over € 69,800 | Over € 98,000 | € 66 |
Note: Rates change annually; always consult the latest BPB Annex.
Practical Examples for Delft
Example 1: Simple Objection to the Municipality of Delft. Objection to parking violation (1 point) plus hearing (1 point). Total 2 points x factor 1. Category II: 2 x 1 x €98 = €196 reimbursed.
Example 2: Complex Appeal Case. Appeal against building permit decision (2 points), hearing at District Court of The Hague (1 point), statement of defense (2.5 points), factor 2. 5.5 x 2 = 11 points. Category III: 11 x €82 = €902.
If the court awards fewer points, challenge it with a revision request.
Rights and Obligations under the Points System
Rights for Residents of Delft:
- Reimbursement if you win (Awb art. 8:75).
- Free choice of lawyer; not required to use legal aid certificate.
- Extra reimbursement in special circumstances (up to 2x standard).
Obligations:
- Keep invoices and details.
- Claim within 4 weeks of judgment.
- Provide correct income; fraud requires repayment.
Frequently Asked Questions
Claim points without a lawyer?
Yes, up to 50% for your own efforts (max 25 points), with justification – useful for minor Delft objections.
More complex than factor 2?
Request higher reimbursement with evidence (Awb art. 8:76).
Applies to District Court of The Hague?
Yes, BPB covers all administrative courts, including Delft cases at The Hague.
With legal aid certificate?
Points system is additional; claim reimbursement from the authority alongside the certificate.
Tips for Residents of Delft
Maximize your reimbursement:
- Log hours per BPB task.
- Choose administrative law specialist with Delft knowledge.
- Discuss no-win-no-fee or fixed fee.
- Check judgment for award.
- More info: procedural costs reimbursement, objection procedure, legal aid certificate. Contact Legal Aid Office Delft for free advice.
Unsure about your case against the Municipality of Delft?