Offsetting Maintenance Against Social Assistance Benefits in Westland

Offsetting Maintenance Against Social Assistance Benefits in Westland

In Westland, maintenance is offset against social assistance benefits to prevent double support. The Municipality of Westland deducts any maintenance received, ensuring benefits only supplement what you earn or receive yourself. This is essential for Westland residents facing financial hardship who apply for assistance.

What Does Offsetting Maintenance Against Assistance Mean in Westland?

Under Dutch family law and social security law, maintenance significantly impacts social assistance benefits. Maintenance includes contributions from an ex-partner or parent for living expenses, such as spousal or child maintenance. When applying to the Municipality of Westland under the Participation Act, you must report all income, including maintenance. The municipality applies offsetting to keep assistance purely supplementary.

This mechanism ensures fair allocation of resources, particularly in Westland with its many (divorced) families in the greenhouse horticulture sector. Without offsetting, excessive support would arise, burdening the local community.

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: Assistance tops 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 exemptions to protect children.

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 emphasizes: unpaid maintenance requires proof of collection efforts.

How Does Offsetting Work at the Municipality of Westland?

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

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

Spousal maintenance is fully offset; child maintenance partially (50-70% as household income, remainder exempt). Depending on your situation in Westland.

Example 1: As a single mother in Westland with one child receiving €400 child maintenance. No other income: €1,100 assistance. After €200 offset: €900 assistance. Total €1,300.

Example 2: Divorced father in Westland paying €300 spousal maintenance: assistance €1,000 minus €300 = €700. Not paying? Report it and prove collection efforts.

Rights and Obligations in Westland

Rights:

• Only actually received maintenance counts; potential income does not.
• Objection to the Municipality of Westland (within 6 weeks), appeal to the Westland District Court. Seek free advice from Het Juridisch Loket Westland.
• Children protected: no poverty due to offsetting. Allowances via the Tax Authority possible.

Obligations:

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

Comparison: Spousal vs. Child Maintenance