Deducting Maintenance from Social Assistance Benefits in Delft

Deducting Maintenance from Social Assistance Benefits in Delft

In Delft, maintenance is deducted from social assistance benefits to prevent double support. The Municipality of Delft subtracts any received maintenance from your benefit, which is ideal for Delft residents facing financial difficulties who need assistance after a divorce.

What Does Deducting Maintenance from Social Assistance Mean for Delft Residents?

Under Dutch family law and social security law, maintenance significantly affects social assistance benefits. Maintenance, such as spousal or child maintenance from an ex-partner or parent, counts as income. When applying to the Municipality of Delft under the Participation Act, you must report it. The municipality applies the deduction so that benefits only supplement your own income.

This ensures a fair distribution of public funds. Without deductions, society would unnecessarily cover extras. For divorced parents in Delft with children, child maintenance is crucial as it impacts the entire household finances.

Legal Basis

The rules are set out in the Participation Act (Pw) since 1 January 2015. Relevant articles:

• Article 31 Pw: Maintenance qualifies as income, whether as periodic payments or other income, and is fully included in the calculation.
• Article 18 Pw: Social assistance supplements up to the social minimum, after deducting income such as maintenance.
• Article 65 Pw: Child maintenance counts as child income, but for household social assistance in Delft, a portion is exempted to protect children.

References to the Financial Supervision Act and Dutch Civil Code Book 1 (art. 157 et seq.) also apply. Case law from the Central Appeals Tribunal states that unpaid maintenance does not trigger a deduction; you must prove collection efforts. In Delft, you can seek advice from the Delft Legal Aid Office.

How Does the Deduction Process Work at the Municipality of Delft?

Start with your social assistance application at the Municipality of Delft. Declare maintenance from agreements or court orders. The calculation:

1. Social minimum for your household (e.g., €1,200 net for a single parent with a child in Delft).
2. Deduction of all income, including maintenance.
3. Social assistance tops up to the maximum minimum level.

Spousal maintenance is deducted in full. For child maintenance, an exemption applies (often 50-70%) for children's needs, depending on your situation in Delft.

Example 1: As a single mother in Delft with one child receiving €400 child maintenance. Without other income: €1,100 assistance. After €200 deduction (post-exemption): €900 assistance. Total: €1,300.

Example 2: Divorced father in Delft paying €300 spousal maintenance gets €700 assistance instead of €1,000. If unpaid? Report it and provide proof via bailiff.

Rights and Obligations in Delft

Rights:

• Only actually received maintenance counts; potential payments do not.
• Object within 6 weeks at the Municipality of Delft, appeal to the The Hague District Court.
• Child protection prevents poverty; apply for allowances via the Tax Authorities. Consult the Delft Legal Aid Office for help.

Obligations:

• Report maintenance and changes (art. 47 Pw); otherwise, repayment or fines may apply.
• Keep proof such as bank statements.
• Pursue collection for non-payment to avoid penalties.

Comparison: Spousal vs. Child Maintenance in Delft