Exempt Income Threshold for Benefits in Tilburg

For residents of Tilburg, the **exempt income threshold** for benefits ensures that a protected portion of your benefit income remains safe from creditors. This guarantees that you retain sufficient funds in the Tilburg region to cover essential expenses such as rent in the municipality, groceries, and medical care. In the Netherlands, this system protects individuals facing financial difficulties, particularly through social provisions. If creditors place a lien on your income—including benefits like housing benefit or care benefit—a legal exemption applies, safeguarding your basic needs, which is especially relevant for many low-income Tilburg households.

What Does the Exempt Income Threshold Mean for Tilburg?

The **exempt income threshold** is a legally protected portion of your income and assets that creditors cannot seize. Its purpose is to prevent your entire income from being claimed, allowing you to continue covering daily expenses in Tilburg. This applies to wage garnishment, benefit garnishment, and liens on benefits. For benefits, which are often a lifeline for low-income households in the city, this provides additional security. Benefits such as childcare benefit, care benefit, and housing benefit fall under the **General Administrative Law Act (Awb)** and are treated as regular income, but any garnishment must respect the exempt threshold.

The calculation of the exempt income threshold is based on your **net income**, household composition, and fixed expenses, such as rent in Tilburg neighborhoods. This amount is adjusted annually according to minimum wage and social assistance standards. For single individuals in Tilburg, the baseline typically amounts to around **90% of the minimum wage**, though benefits can increase this due to their role in covering local living costs.

Legal Basis

The exempt income threshold is established under the **Law on Regulation of the Exempt Income Threshold (Wgvp)**, introduced in 2019 and fully active since January 1, 2021. This law amends **Book 4 of the Dutch Civil Code (BW)**, particularly **Article 475 BW**, which outlines the calculation method. For benefits, the **General Act on Income-Related Provisions (Awir)** plays a role in their distribution. Garnishment of benefits is only permitted **above** the exempt threshold, as stipulated in **Article 157 of the Bankruptcy Act (Fw)** in cases of bankruptcy.

The **Tax Authority**, which administers benefits, must comply with the exempt income threshold. If a creditor—such as a bailiff—takes too much, you can challenge this before the **District Court of Zeeland-West-Brabant in Breda**. The law requires automatic calculation by the garnishing party, but you may request a review in cases of changes, such as the addition of a child or an adjustment in benefits, via the **Tilburg Legal Advice Desk** for free guidance.

Calculating the Exempt Income Threshold in Tilburg

The calculation follows a standardized formula:

Start with your **net monthly income**, including benefits.
Deduct the exempt income threshold: for a single person, approximately **90% of the minimum wage**, minus fixed expenses, with benefits remaining within the standard.
For partners and children, additional amounts apply, such as **€200 per child** for childcare benefits, adjusted for Tilburg’s local costs.

**Example:** You receive **€300 in housing benefit** and **€200 in care benefit** monthly in Tilburg. With a net income of **€1,200**, the exempt threshold is around **€1,080** (90% of the minimum wage), leaving only **€120** subject to garnishment, accounting for local rent prices.

Application to Benefits for Tilburg Residents

Benefits in Tilburg are vulnerable because they are directly deposited into your account and counted as income. However, the **Wgvp** provides specific protections: benefits below the social assistance threshold—such as care benefit up to **€113 for single individuals in 2023**—are fully exempt from garnishment. This is particularly important following the **benefits scandal**, where many victims in North Brabant incurred debts due to repayments. The government offers a **garnishment moratorium** for affected individuals, and the **Municipality of Tilburg** provides debt counseling support.

In practice, creditors sometimes attempt to claim everything, but the exempt income threshold corrects this. For **childcare benefits**, linked to employment in Tilburg, the law prevents a downward spiral by only allowing creditors to claim the surplus via the Tax Authority.

Practical Examples from Tilburg

Consider **Maria**, a single mother in Tilburg with two children. She receives **€400 in childcare benefit**, **€250 in housing benefit**, and **€1,000 in wages**. If her income is garnished, the exempt threshold amounts to **€1,500** (including child allowance), ensuring her benefits—critical for local childcare and rent—remain largely protected.

Another case: **Ahmed**, a Tilburg resident with debts to an energy provider, faces garnishment. However, a lien on his **€113 care benefit** is halted because it meets the threshold, allowing him to cover healthcare costs without issues.

These scenarios illustrate how the exempt income threshold protects benefits in Tilburg, though errors occur. In 2022, the **subdistrict court in Breda** ruled that excessive garnishment of benefits was unlawful, ordering restitution for the affected party.

Rights and Obligations in Tilburg

Your Rights:

Automatic compliance with the exempt income threshold during garnishment.
Request a review for life changes (e.g., via the bailiff or Tax Authority), with support from the **Tilburg Legal Advice Desk**.
File an objection within **6 weeks** against incorrect calculations with the relevant party or the **District Court of Zeeland-West-Brabant**.
For benefit victims: additional safeguards under the **Temporary Compensation Act**, plus local support from the **Municipality of Tilburg**.

Your Obligations:

Provide accurate and up-to-date information about income and benefits.
Declare your exempt income threshold to the bailiff **within 8 days** of garnishment.
Continue repaying debts on the garnishable portion, while the **Municipality of Tilburg** can offer debt relief planning.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.