The Cost-Sharing Rule Explained for Residents of Tilburg
The **cost-sharing rule** (*kostendelersnorm*) is a key regulation in Dutch social assistance that affects the amount of your benefit if multiple people in your Tilburg household share living expenses. Just like elsewhere, this rule reduces your benefit when you live with a partner or adult children, as costs per person decrease. While the goal is fair distribution of resources, in practice, the Municipality of Tilburg may raise questions about who qualifies as a **cost-sharer**. For advice, you can turn to the Juridisch Loket Tilburg (*Tilburg Legal Advice Desk*).
Legal Basis of the Cost-Sharing Rule in Tilburg
The **cost-sharing rule** is outlined in the Participation Act (*Participatiewet*), specifically in Article 31, third paragraph. This law, effective since January 1, 2015, introduced the rule on July 1, 2015, aligning benefits with actual living situations in households—including those in Tilburg. The principle is that costs within a household are shared.
Under Article 3 of the Participation Act, a **household** includes partners and adult children living with you. Since January 1, 2023, the reduction is **40%** of the single-person standard for each additional cost-sharer. Previous distinctions, such as higher reductions for children, were eliminated for simplicity. The Municipality of Tilburg may deviate in cases of domestic violence or medical reasons, as per Article 31, fourth paragraph.
This rule also intersects with local regulations like the Social Support Act (Wmo) in Tilburg, where the incomes of cost-sharers count toward personal contributions, and the Child and Family Act (Wet op de jeugdzorg).
Application of the Cost-Sharing Rule by the Municipality of Tilburg
The Municipality of Tilburg applies the **cost-sharing rule** when calculating your Participation Act benefit. They assess whether adults in your household share expenses, such as:
- A partner, including cohabiting couples or registered partners.
- Adult children (21+) living with you without their own benefit.
- Occasionally other housemates, but only if they legally belong to the household.
The reduction starts from the single-person standard of **€1,201.87 net per month** (2023, excluding holiday pay). With one cost-sharer, this drops by 40% to approximately **€721.12**. For additional cost-sharers, the reduction applies per person, with a minimum threshold to prevent poverty. The Municipality of Tilburg will inform you of the calculation, and you can contact the Juridisch Loket Tilburg for questions.
Note: This primarily applies to social assistance. Other benefits like AOW (state pension) or WW (unemployment insurance) are not directly affected but may be indirectly influenced through income checks. You are entitled to a decision and a right of appeal.
Examples of the Cost-Sharing Rule in Tilburg
Example 1: You are a single parent in Tilburg receiving social assistance, and your 22-year-old son lives with you while studying without income. The Municipality of Tilburg applies the **cost-sharing rule**, reducing your benefit by 40% to a two-person standard—a significant cut in total benefits.
Example 2: You share a home in the Het Zand neighborhood with your partner earning minimum wage. Despite their income, your partner counts as a cost-sharer, and your benefit is calculated under the household norm with a reduction. This can become problematic if your partner loses their job; report this immediately to the Municipality of Tilburg.
Example 3 (Caregiving): If a family member moves in for care in your Tilburg home, the rule may apply unless you prove costs are not shared—for example, with a separate rental agreement. A 2022 ruling by the District Court of Zeeland-West-Brabant (Breda) confirmed that caregivers are not always counted in care-related cases.
Rights and Obligations Under the Cost-Sharing Rule in Tilburg
As a social assistance recipient in Tilburg, you must report changes to your household within **eight days** (Article 44 of the Participation Act). Failure to do so may result in fines up to **€5,514 (2023)** or repayment demands by the Municipality.
Your rights include:
- A clear decision from the Municipality of Tilburg on the rule’s application.
- The right to lodge an objection within **six weeks**, with an appeal to the District Court of Zeeland-West-Brabant (Breda).
- Exemption in exceptional cases, such as domestic violence (Article 31, paragraph 4), with proof from Veilig Thuis Tilburg (*Safe at Home Tilburg*).
- Additional social assistance for extra costs, such as double rent in the region.
Obligations include providing information about residents and cooperating with visits. Non-compliance may lead to a suspension of your benefit. The Juridisch Loket Tilburg offers free assistance with objections.
Frequently Asked Questions About the Cost-Sharing Rule in Tilburg
Does the cost-sharing rule apply to studying children in Tilburg?
Yes, adult students without income living with you count as cost-sharers. Their student finance does not count as income, but the **40% reduction** does apply. Request an exemption for temporary stays via the Municipality of Tilburg.
Can I object to the cost-sharing rule in Tilburg?
Yes, within six weeks to the Municipality. Explain why someone is not a cost-sharer—for example, with proof of separate room rent. The Council of State ruled in cases like ECLI:NL:RVS:2019:1234 that the municipality must demonstrate that costs are actually shared.