Set-Off of Maintenance Against Social Assistance in Rotterdam

Set-Off of Maintenance Against Social Assistance Benefits in Rotterdam

In Rotterdam, maintenance is offset against social assistance benefits to prevent double support. This applies to Rotterdam residents in financial need who apply for assistance from the Municipality of Rotterdam. The mechanism ensures a fair balance between private contributions and government support.

What Does Set-Off of Maintenance Against Social Assistance Mean for Rotterdam Residents?

Under Dutch family law and social security law, maintenance significantly affects social assistance benefits, particularly in a city like Rotterdam with many single-parent families. Maintenance, such as spousal or child maintenance, constitutes an income source that ex-partners or parents are obligated to pay for living expenses. When applying for social assistance under the Participation Act with the Municipality of Rotterdam, you must report all income, including maintenance. The municipality deducts it from the benefit, so assistance is provided only as a supplement.

This system promotes fair resource allocation in Rotterdam. Without set-off, recipients could exceed the minimum, straining municipal budgets. It is especially relevant for divorced parents in neighborhoods like Charlois or Feijenoord, where child maintenance impacts household finances.

Legal Basis

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

• Article 31 Pw: Maintenance counts as income—both spousal and child maintenance—in the income and assets test.
• 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 assistance with an exemption to protect children.

References to the Financial Supervision Act and Civil Code Book 1 (art. 157 et seq.) also apply. Case law from the Central Appeals Tribunal emphasizes that unpaid maintenance requires proof of collection attempts.

How Does Set-Off Work with the Municipality of Rotterdam?

Begin with your social assistance application to the Municipality of Rotterdam. Declare all maintenance from agreements or court orders. The calculation:

1. Social minimum for your household (e.g., €1,200 net for a single parent with a child in Rotterdam).
2. Deduction of income, including maintenance.
3. Supplement up to the minimum.

Spousal maintenance is fully included. For child maintenance, a partial exemption applies (often 50-70%), depending on the circumstances.

Example 1 Rotterdam: A single mother in Rotterdam with one child receives €400 in child maintenance. Without other income: €1,100 assistance. After €200 set-off: €900 assistance. Total €1,300, aligning with the minimum.

Example 2: Divorced father receives €300 spousal maintenance; assistance drops from €1,000 to €700. Non-payment? Report it and provide proof of collection efforts.

Rights and Obligations in Rotterdam

Rights:

• Set-off only on actually received maintenance; potential income does not count.
• Objection within 6 weeks to the Municipality of Rotterdam, followed by appeal to the District Court of Rotterdam.
• Child protection: no poverty for children; apply for allowances via the Tax Authorities. Consult Juridisch Loket Rotterdam for free advice.

Obligations:

• Report maintenance on application and any changes (art. 47 Pw); failure leads to recovery or fines.
• Keep proof such as bank statements.
• Collect unpaid maintenance, or face sanctions.

Comparison: Spousal vs. Child Maintenance in Rotterdam