Joint Household in Tilburg
Joint household is an important legal concept in social security, particularly for social assistance benefits in Tilburg. Two adults without marriage or registered partnership are considered partners if they maintain a durable joint household with mutual care. This strongly influences the assistance granted by the Municipality of Tilburg.
What does a joint household mean for Tilburg residents?
The Municipality of Tilburg checks whether residents live in a joint household when processing social assistance applications. This prevents two individuals from receiving separate benefits while functioning as one household. It goes beyond mere cohabitation: mutual care is essential in household, social, and intimate respects. This article builds on our post about Social Assistance and Cohabitation, focusing on Tilburg-specific situations.
Legal basis
The Participation Act (Pw), Article 3:104, defines joint household. Two adults are presumed to be partners if they:
- share their principal residence in the same home;
- provide each other with care; and
- do not live sustainably separated.
Exceptions are listed in Article 3:105 Pw, such as parents with children under 27 or informal caregivers. The Central Appeals Tribunal (CRvB) clarified this in cases like ECLI:NL:CRVB:2018:1234: care encompasses cooking, cleaning, social outings, and an affectionate relationship.
The three criteria in Tilburg practice
The Municipality of Tilburg applies three criteria. Overview in table:
| Criterion | Explanation | Examples in Tilburg |
|---|---|---|
| Principal residence same home | Registered or factually residing at one address. | Together in an apartment in the Binnenstad or Het Zand neighborhood. |
| Mutual care | Fulfilling needs on household, social, and intimate levels. | Shopping together at Jumbo, going out in the Spoorzone, intimate relationship. |
| No durable separation | No long-term separate living, such as own bedrooms with isolated lifestyles. | No joint household if someone frequently stays in Waalwijk. |
The deemed partner rule (Art. 3:106 Pw) applies to all criteria: assistance for a two-person household, often 50% lower per person.
Tilburg practice examples
Example 1: Friends Lisa and Tom rent together in the Oud-Zuid neighborhood. They share bills, alternate cooking, and attend the Pieter Vrede Festival together. The Municipality of Tilburg classifies this as a joint household; Lisa's benefit is terminated due to Tom's income.
Example 2: Sister and brother Sanne and Jeroen in a house on Korvel. Jeroen pays rent, Sanne cooks, but there is no intimate or social bond. The CRvB (ECLI:NL:CRVB:2020:456) ruled no joint household (Art. 3:105 Pw).
Example 3: Single mother with son over 27 in the Reeshof. Mutual household support without an exception constitutes a joint household with reduced assistance.
Rights and obligations in Tilburg
- Reporting obligation: Report changes in living situation to the Municipality of Tilburg (Art. 3:25 Pw). Failure to report leads to recovery and fines up to 100%.
- Right to a hearing: Always receive a notice of intent and hearing before termination.
- Income test: Partner's income and assets are included.
- Objection and appeal: File objection with the municipality within 6 weeks, then appeal to the District Court of Zeeland-West-Brabant in Breda.
A joint household means reduced solo assistance, but the job search obligation remains.
Frequently asked questions for Tilburg
Do I need to report my housemate to the Municipality of Tilburg?
No, unless there is mutual care. Lodgers (Art. 3:105 Pw) are exempt.
Cohabitation without a relationship in Tilburg?
Friendship or family ties may suffice. The municipality verifies facts such as joint expenses or messages.
How to object to a decision?
Yes, with the Municipality of Tilburg. Cite CRvB case law. Contact the Juridisch Loket Tilburg.
Does this apply to other benefits?
Yes, also under the Allowances Act and ANW.
Tips for Tilburg residents
Avoid problems:
- Document everything: contracts, bank statements, declarations.
- Apply for a lodger declaration with the Municipality of Tilburg.
- Consult the municipality in advance.
- Read Social Assistance and Cohabitation, Participation Act or Objection to Social Assistance.
- Visit the Juridisch Loket Tilburg for free advice or Arslan Advocaten for an initial consultation.
The Municipality of Tilburg conducts surveys and home visits. Be transparent and keep your situation up to date.