Joint Household
Joint household is a crucial legal concept in social security, particularly for social assistance benefits in Rotterdam. Two adults without marriage or registered partnership are considered partners if they maintain a durable common household with mutual care. This significantly impacts social assistance amounts from the Municipality of Rotterdam.
What does a joint household mean for residents of Rotterdam?
The Municipality of Rotterdam rigorously screens for joint household in social assistance applications. This prevents couples from claiming benefits separately while living as one household. It goes beyond mere cohabitation: mutual care is key in household, social, and intimate areas. This article builds on our piece about Benefits and Cohabitation, focusing on Rotterdam practice.
Legal Basis
The Participation Act (Pw), Article 3:104, defines joint household. Two adults are presumed to be partners if they:
- share their main residence in the same home;
- care for each other; and
- do not live durably separated.
Exceptions under Article 3:105 Pw include, among others, parents-children under 27 or informal carers. The Central Appeals Tribunal (CRvB) clarifies in cases such as ECLI:NL:CRVB:2018:1234 that care covers practical help (cooking in a kitchen in Rotterdam-South), social contacts (going to De Kuip together), and an affectionate bond.
The Three Criteria in Rotterdam
The Municipality of Rotterdam applies three criteria to establish a joint household. Overview in table:
| Criterion | Explanation | Rotterdam Examples |
|---|---|---|
| Main residence in the same home | Registered or factually living at one address. | Together in a flat in Charlois, even without updating the Personal Records Database. |
| Mutual care | Care for household, social, and intimate needs. | Joint shopping at Lidl in Feijenoord, outings to the Maas, intimate relationship. |
| No durable separation | No separate lives with prolonged absence. | No joint household if one is often in The Hague. |
If all criteria are met, the fictitious partner rule (Art. 3:106 Pw) is triggered: social assistance for a two-person household, typically 50% lower per person.
Rotterdam Practice Cases
Case 1: Friends Lisa and Tom rent together in Delfshaven. They split bills, take turns cooking, and visit the harbor together. The Municipality of Rotterdam classifies this as a joint household; Lisa's benefit stops due to Tom's job.
Case 2: Sister and brother Fatima and Ahmed in Overschie. Ahmed pays rent, Fatima cooks, but no intimacy and separate routines. CRvB (ECLI:NL:CRVB:2020:456) confirms no joint household (Art. 3:105 Pw).
Case 3: Mother with son over 27 in Rotterdam-North. With mutual household support without exception: joint household with shorter benefit duration.
Rights and Obligations in Rotterdam
- Reporting Duty: Inform the Municipality of Rotterdam about living situation (Art. 3:25 Pw). Failure to do so? Recovery and fine up to 100%.
- Right to a Hearing: Always notice of intent and hearing before termination.
- Income Check: Partner's income and assets count.
- Objection and Appeal: Within 6 weeks objection to municipality, then to Rotterdam District Court.
If recognized, solo rights decrease, but job search obligation remains for both.
Frequently Asked Questions for Rotterdam
Do I need to report housemates for benefits?
Only if there is mutual care. Lodgers (Art. 3:105 Pw) do not.
Cohabitation without a relationship in Rotterdam?
Friendship or family may suffice. Municipality checks facts: joint accounts, messages.
Is objection possible?
Yes, at the Municipality of Rotterdam. Cite CRvB case law. Help via Rotterdam Legal Desk.
Other benefits?
Yes, similarly in Pw, Tax Credits Act, ANW.
Tips for Residents of Rotterdam
Avoid hassle:
- Document: contracts, statements, declarations.
- Declare lodger status for resident without care.
- Consult Municipality of Rotterdam before cohabiting.
- Read Benefits and Cohabitation, Participation Act, Objection to Benefits.
- Contact Rotterdam Legal Desk or Arslan Advocaten for free initial consultation.
Be aware: Municipality of Rotterdam uses investigations and home visits. Be transparent.