Joint Household in Amsterdam
Joint household plays a crucial role in social security, particularly for social assistance benefits in Amsterdam. Two adults without marriage or registered partnership are considered partners if they maintain a durable joint household with mutual care. This strongly impacts social assistance amounts from the Municipality of Amsterdam.
When does a joint household apply in Amsterdam?
The Municipality of Amsterdam rigorously screens for joint household in social assistance applications. This prevents couples from receiving separate benefits while living as one household. It goes beyond mere cohabitation: mutual care is key in household, social, and intimate areas. This article builds on our piece about Social Assistance and Cohabitation, focusing on Amsterdam practice.
Legal framework
The Participation Act (Pw), Article 3:104, defines joint household. Two adults qualify as partners if they:
- share their main residence in the same dwelling;
- provide mutual care; and
- do not live sustainably apart.
Exceptions are listed in Article 3:105 Pw, such as parents with children under 27 or caregivers. The Central Appeals Tribunal (CRvB) clarifies in cases like ECLI:NL:CRVB:2018:1234: care includes cooking, social outings, and affection.
The three tests in Amsterdam social assistance
The Municipality of Amsterdam applies three criteria for joint household. Overview in table:
| Criterion | Explanation | Amsterdam examples |
|---|---|---|
| Main residence in same dwelling | Registered or factually residing at one address. | Together in a canal house or apartment in De Pijp, even without municipal register entry. |
| Mutual care | Fulfilling needs in household, social, and intimate areas. | Shopping together at Albert Heijn, going out in the Jordaan, intimate relationship. |
| No sustainable separation | No separate lives with prolonged absence. | No joint household if one frequently stays in a second home outside Amsterdam. |
All criteria trigger the fictitious partner rule (Art. 3:106 Pw): social assistance for two persons, often halved per individual.
Amsterdam practice cases
Case 1: Friends Lisa and Tom rent together in Oost. They split bills, take turns cooking, and bike around the city together. The Municipality of Amsterdam classifies this as joint household; Lisa's benefit stops due to Tom's job.
Case 2: Sister and brother, Fatima and Ahmed, in a home in Bijlmer. Ahmed pays rent, Fatima prepares meals, but no intimacy and separate circles. CRvB (ECLI:NL:CRVB:2020:456) ruled no joint household (Art. 3:105 Pw).
Case 3: Mother with son over 27 in West. Full household symbiosis without exception leads to joint household and lower social assistance.
Rights and obligations
- Reporting duty: Inform the Municipality of Amsterdam about living situations (Art. 3:25 Pw). Failure to do so? Recovery and fines up to 100%.
- Hearing right: Intention notice and hearing before termination.
- Income test: Partner's income/assets count.
- Objection/appeal: File objection with Municipality of Amsterdam within 6 weeks, then to Amsterdam District Court.
Joint household reduces single-person social assistance; job search obligation remains.
Frequently asked questions Amsterdam
Do I need to report housemates to the Municipality of Amsterdam?
Only if there is mutual care. Lodgers (Art. 3:105 Pw) do not count.
Cohabitation without a relationship in Amsterdam?
Friendship/family can suffice. The municipality checks facts: shared bills, messages, home visits.
Can I file an objection?
Yes, with the Municipality of Amsterdam. Cite CRvB case law. Seek advice from Juridisch Loket Amsterdam.
Other benefits?
Yes, similarly in Pw, Tax Credits Act, ANW.
Tips for Amsterdammers
Avoid issues:
- Document: rental agreements, statements, declarations.
- Declare lodger status for residents without care.
- Consult the Municipality of Amsterdam before cohabiting.
- Read Social Assistance and Cohabitation, Participation Act, Objection to social assistance.
- Contact Juridisch Loket Amsterdam for free advice or Arslan Advocaten for intake.
Amsterdam uses surveys and visits. Be transparent and proactive.