Offsetting Maintenance Against Social Assistance in Amsterdam

Offsetting Maintenance Against Social Assistance in Amsterdam

In Amsterdam, with its many single-parent families and divorces, the Municipality of Amsterdam deducts received maintenance from social assistance benefits. This ensures you do not receive double support from the government and your ex-partner. Essential for Amsterdam residents facing financial difficulties who need assistance under the Participation Act.

What Does Offsetting Maintenance Against Social Assistance Mean for Amsterdam Residents?

Under Dutch family law and social security law, maintenance significantly impacts social assistance benefits, particularly in a vibrant city like Amsterdam. Maintenance – such as spousal or child maintenance – is a mandatory contribution toward the living expenses of an ex-partner or child. When applying for social assistance with the Municipality of Amsterdam under the Participation Act, you must declare all income, including maintenance. The municipality applies it directly as a deduction, so benefits serve only as a supplement to your own resources.

This mechanism promotes a fair distribution of resources in Amsterdam, where social assistance places pressure on the budget. Particularly relevant for divorced parents in neighborhoods like the Jordaan or Bijlmer, where child maintenance affects household finances.

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: Social assistance supplements 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 an exemption to protect children.

References to the Financial Supervision Act and Civil Code Book 1 (art. 157 et seq.) also apply. Case law from the Central Appeals Tribunal emphasizes: unpaid maintenance requires proof of collection attempts, such as via a bailiff in Amsterdam.

How Does Offsetting Work with the Municipality of Amsterdam?

Begin with your social assistance application at the Municipality of Amsterdam (via the City Desk). Declare all maintenance from agreements or judgments of the Amsterdam District Court. The calculation:

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

Spousal maintenance is fully offset; child maintenance partially (often 50-70% as household income, remainder exempted). Depending on your situation in Amsterdam, such as city rent.

Example 1 Amsterdam: Single mother in Oost receives €400 child maintenance. Without other income: €1,100 assistance. After €200 offset: €900 assistance. Total €1,300, matching the minimum.

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

Rights and Obligations for Amsterdam Residents

Rights:

• Only actually received maintenance counts; potential does not. Objection within 6 weeks to Municipality of Amsterdam, appeal to Amsterdam District Court.
• Child protection: no poverty due to offsetting. Apply for child benefit from the Tax Authority.
• Free advice via Amsterdam Legal Desk.

Obligations:

• Report maintenance and changes (art. 47 Pw). Penalties for non-reporting.
• Keep proof, such as transactions.
• Collect unpaid maintenance, or face sanctions.

Comparison: Spousal vs. Child Maintenance in Amsterdam