Deducting Maintenance from Social Assistance Benefits in Tilburg

Deducting Maintenance from Social Assistance Benefits in Tilburg

In Tilburg, deducting maintenance from social assistance benefits ensures that any maintenance received is subtracted from the benefit. This mechanism prevents double support from the Municipality of Tilburg and the maintenance payer. It is essential for Tilburg residents facing financial difficulties who apply for social assistance to understand this.

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

Under Dutch family law and social security law, maintenance significantly impacts social assistance benefits. Maintenance, such as spousal or child maintenance for the support of an ex-partner or child, counts as income. When applying to the Municipality of Tilburg under the Participation Act, you must report everything, including maintenance. The municipality applies deductions so that benefits only supplement your own income.

This promotes fair allocation of resources and prevents excessive payments. For divorced Tilburg parents with children, child maintenance is crucial, as it affects household finances and the benefit calculation.

Legal Basis

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

• Article 31 Pw: Maintenance is considered income, as periodic income or other sources, and is fully deducted in the income and assets assessment.
• Article 18 Pw: Social assistance supplements up to the social minimum, after deducting income such as maintenance.
• Article 65 Pw: Child maintenance is treated as child income, but included in household benefits. A partial exemption protects the child.

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 offset deductions; you must prove collection efforts. In Tilburg, you can seek advice from the Legal Aid Office Tilburg.

How Does Deduction Work at the Municipality of Tilburg?

Start by submitting your social assistance application to the Municipality of Tilburg. Declare maintenance from agreements or court orders. The calculation:

1. Social minimum for your Tilburg household (e.g., €1,200 net for a single parent with one child).
2. Deduct all income, including maintenance.
3. Social assistance tops up to the maximum minimum amount.

Spousal maintenance is fully deducted; for child maintenance, a partial exemption applies (often 50-70%), depending on the Tilburg situation.

Example 1 for Tilburg: As a single mother with one child receiving €400 child maintenance. Without other income: €1,100 benefit. After €200 deduction (post-exemption): €900 benefit. Total €1,300, matching norms.

Example 2: Divorced father paying €300 spousal maintenance receives €1,000 benefit minus €300 = €700. Not receiving it? Report and prove collection efforts via bailiff to the Municipality of Tilburg.

Rights and Obligations in Tilburg

Rights:

• Only actually received maintenance counts; potential income does not.
• Object within 6 weeks to the Municipality of Tilburg, then appeal to the District Court of Zeeland-West-Brabant in Breda.
• Children protected from poverty; apply for allowances via the Tax Office. Consult the Legal Aid Office Tilburg for help.

Obligations:

• Report maintenance and changes (art. 47 Pw); failure may lead to recovery or fines.
• Keep proof such as bank statements.
• Collect unpaid maintenance, or face sanctions from the Municipality of Tilburg.

Comparison: Spousal vs. Child Maintenance