Garnishment-Free Foot for Social Benefits in Amsterdam
The garnishment-free foot for social benefits protects an essential part of your allowance in Amsterdam, ensuring creditors cannot claim your entire income. This minimum amount covers basic needs such as food, housing, and healthcare, preventing Amsterdam residents from falling into poverty due to garnishment. It is a nationwide legal safeguard, but in a city like Amsterdam with high living costs, it is especially critical.
What does the garnishment-free foot mean for Amsterdam residents?
In Amsterdam, where social benefits fall under the Participation Act, the garnishment-free foot calculates the amount you must retain after garnishment on income or savings. This is tailored to your household and expenses, allowing you to maintain a basic but dignified life. For benefit recipients, this is vital, as the allowance already provides a baseline level. The Amsterdam Municipality or the benefit provider sets aside this protected portion during garnishment by a bailiff, considering essential costs like rent in the expensive Amsterdam market, utilities, and healthcare. Without this measure, debtors in the capital risk a downward spiral.
Legal basis
The garnishment-free foot is established in the Act on the Garnishment-Free Foot (WbvF), part of Book 4 of the Civil Code (BW). Relevant provisions include:
- Article 475d of the Code of Civil Procedure (Rv): Sets the garnishment-free foot equal to the minimum for a modest, humane existence.
- Article 4:207 BW: Regulates the calculation for incomes, including social benefits.
- The Participation Act (articles 18 and 54) considers benefits as a protected minimum, though garnishment can apply to any excess.
Introduced in 2012 to curb excessive garnishment, the standards are set annually by the Minister of Justice and Security, based on the social minimum. For 2023, the base amount for a single person is €1,340.21 net per month, but this adjusts according to individual circumstances in Amsterdam.
How do you calculate the garnishment-free foot for social benefits in Amsterdam?
The formula is standard and takes into account your net social benefit, housing costs, and family situation. For benefits in the region, it works as follows:
- Standard amount: The legal minimum for basic needs, varying by single status, with a partner, or with children.
- Housing costs: Rent or mortgage in Amsterdam, capped at a limit (e.g., €250 for rent for singles, but often higher due to local prices).
- Additional expenses: Including health insurance premiums and childcare, minus subsidies like housing benefit via the Amsterdam Municipality.
- Available surplus: Only the amount above the foot is subject to garnishment.
Example: As an Amsterdam resident with €1,200 net social benefit as a single person, and a garnishment-free foot of €1,100 (including €250 rent), only €100 is available for creditors. The bailiff or Amsterdam Municipality performs this calculation and ensures compliance.
Comparison of garnishment-free foot by household type in Amsterdam
| Household type | Base amount (2023, net) | Max. housing costs | Total example |
|---|---|---|---|
| Single person | €1,134.18 | €250 | €1,384.18 |
| Single person with child(ren) | €1,581.97 | €250 | €1,831.97 |
| Partner household | €1,581.97 | €325 | €1,906.97 |
Source: Ministry of Justice and Security. Keep in mind Amsterdam-specific variables; exact amounts depend on your situation.
Practical examples from Amsterdam
Take Maria, an Amsterdam social benefit recipient with debts to an energy company. Garnishment on her €1,100 net allowance results in a garnishment-free foot of €1,050 (including rent), so only €50 is withheld monthly. This allows her to cover her bills in the city.
Or Ahmed, a single parent with two children in Amsterdam, receiving €1,800 in benefits. Due to significant childcare costs, his foot rises to €1,700. In a garnishment attempt by a creditor, the Amsterdam Municipality protects the portion for his family.
Many Amsterdam residents turn to the municipality when facing potential garnishment, which can arrange a repayment plan or block garnishment if it exceeds the foot.
Rights and obligations regarding garnishment on social benefits in Amsterdam
Your rights
- You can demand an accurate calculation; verify this with the bailiff or Amsterdam Municipality.
- Garnishment that falls below the social minimum is invalid.
- Appeal to the Amsterdam District Court within 8 days of notification.
- Apply for emergency assistance through the municipality for urgent shortfalls.
Your obligations
- Provide reliable information about your income and expenses.
- Pay the garnishable portion on time to avoid penalties.
- Update your address and circumstances; changes affect the foot.
If your benefits are suspended due to garnishment, you can seek restoration under the Participation Act. Consult the Amsterdam Legal Aid Office for free advice.
Frequently asked questions
Can garnishment on social benefits in Amsterdam take my entire allowance?
No, the garnishment-free foot always safeguards a basic amount. For benefits, the withholdable portion is often small.
What if my Amsterdam housing costs exceed the maximum?
You can prove this with invoices to the Amsterdam Municipality or bailiff for a higher foot, taking local rent prices into account.