AKW conditions in Amsterdam

AKW conditions: what you need to know about child benefit

The **AKW conditions** (General Child Benefit Act) determine who is entitled to child benefit and under what circumstances. Read here everything about the most important rules, your rights and obligations, and what you must do if your situation changes.

What are the AKW conditions?

The **General Child Benefit Act (AKW)** is the law that regulates who in the Netherlands is entitled to child benefit. This benefit is paid out by Toeslagen.nl and is intended to alleviate the costs of raising children. The AKW conditions are the rules that determine whether you qualify for this benefit.

The AKW is based on the principle that all children in the Netherlands are entitled to financial support, regardless of the parents' income situation. However, there are specific **conditions** that you must meet. These vary, for example, depending on your place of residence, family composition and income.

Legal basis: which articles apply?

The AKW is laid down in the General Child Benefit Act, which is part of the Civil Code and the Social Insurance Act (SVW). The most important articles are:

• Article 1 AKW: Definition of who is entitled to child benefit.
• Article 2 AKW: Conditions for receiving child benefit, such as age and place of residence.
• Article 3 AKW: Amount of child benefit per child and per month.
• Article 4 AKW: Special situations, such as divorce or death of a parent.
• Article 5 AKW: Obligations of the recipient, such as reporting changes in your situation.

Which conditions must you meet?

To be entitled to child benefit, you must meet a number of conditions. These can be divided into three main categories: personal, family-related and income-related conditions.

1. Personal conditions

These conditions relate to your personal situation:

• Place of residence: You must live in the Netherlands and have your main place of residence in the Netherlands. This also applies to children living abroad, but for whom you are the carer (for example, if you live abroad but raise your child in the Netherlands).
• Age of the child: You are entitled to child benefit for children under 18 years of age. For children with a disability, this may last longer, up to a maximum of 21 years.
• Nationality: There is no specific nationality requirement. Foreign children living in the Netherlands are also entitled to child benefit, provided the other conditions are met.

2. Family-related conditions

These conditions relate to the composition of your family:

• Carer: You must bear the legal responsibility for the child. This applies to:
  • Biological parents.
  • Adoptive parents.
  • Stepparents who are legally recognised as the responsible carer.
  • Parents raising the child in their family unit (for example, after a divorce).
• Family income: Your family's income affects the amount of child benefit, but not the entitlement. You receive child benefit regardless of your income, except in certain exceptional cases (for example, if your child lives with another family and you have no maintenance obligation).
• Childcare: If your child is in recognised childcare, this has no effect on your entitlement to child benefit. However, the amount of childcare allowance may change as a result.

3. Income-related conditions

Although child benefit is in principle income-independent, there are a few exceptions:

• Childcare allowance: If your income exceeds a certain threshold, you may not be entitled to childcare allowance. This has no effect on your entitlement to child benefit itself.
• Special situations: In some cases, such as when your child lives with another family and you have no maintenance obligation, your income may play a role in the entitlement.

Practical examples of AKW conditions

To clarify the AKW conditions, here are some practical examples: