The Points System in Legal Aid for Tilburg Residents
The points system for legal aid helps Tilburg residents calculate reimbursements for legal costs in disputes with administrative authorities, such as the Municipality of Tilburg or the Tax Authorities. If you win at the administrative court, you receive compensation for your lawyer or advisor, based on points for tasks performed. This system provides clarity and fairness, especially in local procedures involving housing, construction, or benefits.
Legal Basis of the Points System
This regulation is laid down in the Decree on Costs in Administrative Law Proceedings (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 annually. It applies to cases at the District Court of Zeeland-West-Brabant in Breda, such as objections to decisions by the Municipality of Tilburg. More info? Check the Government or Council of State website. This builds on the general court costs reimbursement in administrative law.
How Does the Points System Work in Practice?
The calculation involves three phases: points for tasks, multiplied 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: See BPB Annex 1. Some examples:
| Task | Points |
|---|---|
| Notice of default | 0.5 |
| Handling revision request | 1 |
| Filing objection | 1 |
| Attending hearing | 1 |
| Filing appeal | 2 |
| Submitting documents | 1 per document (max 2) |
| Appeal with legal conclusions | 2.5 |
- Weighting Factor: 1 for simple cases, 2 for complex ones (many facts or legal issues).
- Value per Point: Varies by income group (2024):
| Group | Income single | Income couple | Value per point |
|---|---|---|---|
| I (low) | ≤ €27,900 | ≤ €39,400 | €108 |
| II | €27,901 - €46,500 | €39,401 - €65,300 | €98 |
| III | €46,501 - €69,800 | €65,301 - €98,000 | €82 |
| IV (high) | > €69,800 | > €98,000 | €66 |
Note: Rates change annually; check the latest BPB Annex.
Examples from Tilburg Practice
Example 1: Objection Hearing with Municipality of Tilburg. Objection (1 point) plus hearing (1 point). Total 2 points x factor 1. Group II: 2 x €98 = €196 reimbursement.
Example 2: Appeal at District Court Breda. Appeal (2), hearing (1), legal conclusions (2.5), factor 2. 5.5 x 2 = 11 points. Group III: 11 x €82 = €902.
If the judge awards fewer points, request a review.
Rights and Obligations
Rights:
- Reimbursement if you win (Awb art. 8:75).
- Free choice of lawyer; no mandatory subsidized assistance.
- Higher reimbursement possible in exceptional cases (up to 2x max).
Obligations:
- Keep invoices and work descriptions.
- Claim within 4 weeks after judgment.
- Provide correct income; fraud leads to repayment.
Frequently Asked Questions
Claim points without a lawyer?
Yes, up to 50% for your own efforts (max 25 points), with explanation.
Too complex for factor 2?
Request extra points with evidence (Awb art. 8:76).
Applies to District Court Breda?
Yes, BPB covers all administrative courts, including Breda location.
With legal aid certificate?
Points system is additional; claim reimbursement from the government alongside subsidy.
Tips for Tilburg Residents
Maximize your reimbursement as follows:
- Log hours per BPB task.
- Find an administrative law specialist, e.g., via Juridisch Loket Tilburg.
- Discuss no-win-no-fee or fixed fee.
- Check if the judgment mentions costs.
- Read more about court costs reimbursement, objection procedure or legal aid certificate.
Unsure about your case against the Municipality of Tilburg? Call Juridisch Loket Tilburg for free advice.