Exempt Income Threshold for Benefits in The Hague
The **exempt income threshold** for benefits in The Hague refers to the protected portion of your benefit income that creditors cannot claim. This ensures residents retain sufficient funds for essential expenses such as rent in the city, groceries, and medical care. In the Netherlands, this system safeguards citizens facing financial difficulties, particularly in the context of social welfare provisions. When income enforcement (beslag) is applied to your earnings—including benefits like housing allowance or healthcare benefit—a legally protected exemption ensures your basic needs are met, adjusted to local living costs in The Hague.
What Is the Exempt Income Threshold?
The **exempt income threshold** is a legally protected amount from your income and assets that cannot be seized. It prevents creditors from claiming your entire income, allowing you to continue covering daily necessities. This applies to wage garnishment, benefit enforcement, and benefit seizures. For benefits—often a lifeline for low-income households in The Hague—this safeguard is critical. Benefits such as childcare allowance, healthcare benefit, and housing allowance fall under the **General Administrative Law Act (Awb)** and are treated as periodic income, but with strict adherence to the exempt threshold.
Practically, the exempt threshold is calculated based on your **net monthly income**, household composition, and fixed expenses—such as higher rents in neighborhoods like Schilderswijk. The amount is adjusted annually for inflation and aligned with minimum wage and social assistance standards. For single individuals in The Hague, the baseline often amounts to roughly **90% of the minimum wage**, though benefits can increase this due to their role in local poverty alleviation.
Legal Framework
The exempt income threshold is governed by the **Law on Exempt Income Threshold (Wgvp)**, introduced in 2019 and fully operational since January 1, 2021. This law amends **Book 4 of the Dutch Civil Code (BW)**, particularly **Article 475 BW**, regarding the calculation method. For benefits, the **General Act on Income-Related Provisions (Awir)** plays a role in disbursement. Enforcement on benefits is only permitted **above the exempt threshold**, as stipulated in **Article 157 of the Bankruptcy Act (Fw)** in cases of bankruptcy.
The **Tax Authority**, responsible for benefits, must respect the exempt threshold. If a creditor or bailiff in The Hague seizes more than allowed, you can challenge this before the **District Court of The Hague**. The law requires automatic calculation by the seizing party, but you can request a review for changes—such as adding a child or adjusting benefits—via the **Legal Helpdesk The Hague** for free advice.
Calculating the Exempt Income Threshold
The calculation follows a standardized formula:
- Start with your **net monthly income**, including benefits.
- Subtract the exempt threshold: for singles, approximately **90% of the minimum wage** minus fixed costs, plus protected benefit amounts.
- For couples and children: additional benefits, such as **€200 per child for childcare allowance**, accounting for Hague household dynamics.
**Example:** You live in The Hague and receive **€300 housing benefit** and **€200 healthcare benefit** monthly. With a net income of **€1,200**, the exempt threshold is roughly **€1,080** (90% of the minimum wage), leaving only **€120** available for enforcement—aligned with local rental pressures.
Application to Benefits
Benefits are vulnerable to enforcement since they are directly deposited and classified as income. However, the **Wgvp** provides specific protections: benefits below the social assistance threshold—such as **€113 healthcare benefit for singles in 2023**—are fully exempt. This is especially relevant in The Hague following the **benefit scandal**, where many locals faced debts due to repayments. The government offers a **moratorium on enforcement** for affected individuals, and the **Municipality of The Hague** provides debt counseling.
In practice, creditors sometimes seize entire benefit payments, but the exempt threshold corrects this. For **childcare allowance**, tied to employment and income, the law prevents a downward spiral; the Tax Authority pays only the surplus to creditors.
Practical Examples
Consider **Fatima**, a single mother in The Hague with two children. She receives **€400 childcare allowance**, **€250 housing benefit**, and **€1,000 salary**. If her income is garnished, the exempt threshold covers **€1,500** (including child benefits), ensuring her allowances largely remain intact for childcare and rent.
Another case: **Peter**, a Hague resident with utility debts, has enforcement on his **€113 healthcare benefit** halted because it meets the threshold, allowing him to cover medical costs without issue.
These examples illustrate how the exempt threshold protects benefits, though errors occur. In 2022, the **District Court of The Hague** ruled that excessive enforcement on benefits was unlawful, mandating repayment.
Rights and Obligations
Your Rights as a Hague Resident:
- Automatic enforcement of the exempt threshold when seized.
- Request a review for life changes (e.g., via bailiff or Tax Authority), with support from the **Legal Helpdesk The Hague**.
- File an objection within **6 weeks** against incorrect calculations with the seizing party or **District Court of The Hague**.
- For benefit-affected individuals: additional safeguards under the **Temporary Act for Compensation of Benefit Affected Parties**, plus local support from the **Municipality of The Hague**.
- Provide **up-to-date and accurate** income and benefit information.
- Document your exempt threshold with the bailiff **within 8 days** of enforcement.
- Continue repaying debts within the allowed portion to prevent escalation.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.