Joint Household
Joint household plays a crucial role in the social assistance rules of the Municipality of Westland. This legal concept applies to two adults without marriage or registered partnership who maintain a long-term common household with mutual care. For residents of Westland, this can significantly impact their social assistance benefits.
What does a joint household mean in Westland?
The Municipality of Westland screens social assistance applications for joint households to prevent couples from receiving double benefits while living as one family. It goes beyond mere cohabitation: there must be mutual care on practical, social, and personal levels. This builds on our article about Social Assistance and Cohabitation in Westland.
Legal Basis
The Participation Act (Pw), specifically Article 3:104, defines joint household. Two adults are considered partners if they:
- share a permanent residence in one home;
- provide mutual care; and
- do not live structurally separate lives.
Exceptions under Article 3:105 Pw include, for example, parent-child relationships up to age 27 or caregiving situations. The Central Appeals Tribunal (CRvB) clarified this in cases such as ECLI:NL:CRVB:2018:1234: care includes household tasks (cooking, cleaning), shared activities, and an intimate relationship.
The Three Key Tests in Westland
The Municipality of Westland applies three criteria to determine a joint household. Overview in table:
| Criterion | Explanation | Examples from Westland |
|---|---|---|
| Permanent residence in the same home | Both registered or factually residing at one address in Westland. | Living together in a house in Naaldwijk, even without municipal register entry. |
| Mutual care | Care for each other in household, social, and intimate areas. | Shopping together at Lidl in 's-Gravenzande, shared outings, romantic relationship. |
| No structural separation | No permanent disconnection, such as separate lives with individual rooms. | No joint household if one partner frequently stays over in Poeldijk. |
Meeting all three triggers the fictitious partner provision (Article 3:106 Pw): social assistance for a two-person household, typically 50% lower per person.
Real-Life Cases from Westland
Case 1: Friends Lisa and Mark rent together in Monster. They split bills, take turns cooking, and bike to work in the greenhouses. The Municipality of Westland classifies this as a joint household; Lisa's benefit stops due to Mark's income.
Case 2: Sister and brother Petra and Jan from Kwintsheul share a house. Jan pays fixed expenses, Petra prepares meals, but without personal intimacy and with separate routines. CRvB (ECLI:NL:CRVB:2020:456) rejected joint household (Article 3:105 Pw).
Case 3: Single parent with adult child over 27 in Westland. Mutual household support without exceptions can reduce benefits.
Rights and Obligations
- Reporting Duty: Notify the Municipality of Westland of changes in living situation (Article 3:25 Pw). Failure leads to recovery and fines up to 100%.
- Right to a Hearing: Always receive a notice of intent and hearing before termination.
- Income Check: Partner's income and savings are taken into account.
- Objection and Appeal: File objection with the Municipality of Westland within 6 weeks, then to the District Court of Westland.
Recognition reduces solo benefits, but job search obligations remain for everyone.
FAQs for Westland Residents
Do I always have to report housemates for social assistance in Westland?
No, only if there is mutual care. Lodgers (Article 3:105 Pw) are exempt.
Cohabiting without a relationship: a problem?
Friendship or family ties can suffice. The Municipality of Westland checks bank statements, messages, and conducts home visits.
Can I object to a decision?
Yes, with the Municipality of Westland. Cite CRvB rulings. Contact Het Juridisch Loket Westland for free advice.
Does this apply to other benefits?
Yes, analogously in the Participation Act, Tax Credits Act, and Survivor's Act.
Tips for Westland Residents
Avoid hassle:
- Keep evidence: contracts, statements, declarations.
- Use a lodger declaration for housemates without care.
- Call the Municipality of Westland in advance if cohabiting.
- Read more in Social Assistance and Cohabitation, Participation Act, or Objection to Social Assistance.
- Het Juridisch Loket Westland offers free initial advice; or Arslan Advocaten for specialist help.
The Municipality of Westland uses surveys and visits. Be open and transparent.