Objection Procedure with the Municipality of Den Haag
The objection procedure Municipality of Den Haag provides residents of Den Haag with a formal route to challenge decisions made by the municipality. Do you disagree with a decision on social assistance, allowances, or Wmo support? File an objection within six weeks. This article guides you step by step through the process, focusing on deadlines, your rights, and practical tips tailored for residents of Den Haag.
What does the objection procedure with the Municipality of Den Haag involve?
The objection procedure Municipality of Den Haag is the first stage of administrative law proceedings. It allows the Municipality of Den Haag to reconsider its own decision. For social benefits, this often concerns issues with payments such as social assistance under the Participation Act, special assistance, or minimum contributions. Unlike a complaint, an objection is legally enforceable, and the municipality must respond.
You begin by submitting a written objection. The municipality re-examines whether the decision was careful and lawful. According to figures from the Council of State, around 40% of objections in Den Haag and surrounding areas result in a better outcome for the appellant.
Legal basis for objections with the Municipality of Den Haag
The procedure is governed by the General Administrative Law Act (Awb). Key provisions:
- Art. 6:3 Awb: Requirements such as being an interested party and having knowledge of the decision.
- Art. 6:7 Awb: Objection within six weeks of notification.
- Art. 7:1 Awb: Submit objection to the Municipality of Den Haag.
- Art. 7:10 Awb: Hearing upon request.
- Art. 7:11 Awb: Decision within 12 weeks (extendable).
For social security, additional rules apply from the Participation Act (art. 48 et seq.) and Wmo 2015.
Step-by-step guide to filing an objection with the Municipality of Den Haag
Follow these steps for a successful procedure:
- Receipt of decision: The decision states your right to object and the deadline.
- Submit written objection: Letter with personal details, decision information, arguments, and desired outcome. Send by post to the Municipality of Den Haag or digitally via the Den Haag DigiD portal.
- Preliminary relief: Request suspension from the District Court of Den Haag in cases of imminent harm (art. 8:81 Awb).
- Agreement without hearing: The municipality may uphold the objection immediately.
- Hearing: Mandatory upon request; bring evidence and support.
- Decision on objection: New decision within 12 weeks.
- Appeal to District Court of Den Haag: Within six weeks if dissatisfied.
Overview of deadlines in table
| Step | Deadline | Consequence if late |
|---|---|---|
| Submit objection | 6 weeks from notification | Inadmissible (except remedy under art. 6:11 Awb) |
| Decision on objection | 12 weeks (extendable by 6 weeks) | Penalty payment after 14 weeks (art. 4:17 Awb) |
| Appeal to District Court of Den Haag | 6 weeks from decision | Inadmissible |
Rights and obligations during the objection process
Your rights:
- Access to file (art. 8:29 Awb).
- Request a hearing.
- Cost reimbursement if successful (art. 8:75 Awb).
- Free advice from Juridisch Loket Den Haag.
Your obligations:
- Provide complete and honest information.
- Cooperate with investigations.
- Motivate the objection.
Practical examples from social security in Den Haag
Example 1: Rejection of social assistance
The Municipality of Den Haag rejects social assistance due to 'excessive assets'. With bank statements in the objection (below threshold under art. 31 Participation Act), the municipality pays out after the hearing.
Example 2: Termination of special assistance
Termination of medical reimbursement. Objection with invoice and doctor's statement leads to reinstatement.
Example 3: Wmo aids in Den Haag
Rejection of wheelchair; specialist report in objection results in approval.
In Den Haag, thousands of residents filed objections on social affairs in 2022, with around 35% success.
Frequently asked questions
Can I file a late objection?
Possibly via the remedy period (art. 6:11 Awb) for valid reasons. Apply immediately with evidence to the Municipality of Den Haag.
What if the response is late?
After 14 weeks: penalty payment up to €1,260 (art. 4:17 Awb). Send a written reminder.
Do I need a lawyer?
Not always; start with Juridisch Loket Den Haag. Costs often reimbursed if successful.
Can I work during the procedure?
Yes, but notify the Municipality of Den Haag immediately (art. 62 Participation Act).
Tips for success in Den Haag
Gather all evidence, such as bills and medical certificates. Use Juridisch Loket Den Haag for a free review. Submit on time via the municipal DigiD portal and always request a hearing for clarification. Persist with unreasonable decisions – your chances are real!
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