Objection Period for Allowance Decisions Den Haag
For residents of Den Haag, the objection period for allowance decisions is the mandatory six-week period to file an objection against an allowance decision from the Tax and Customs Administration, such as rent, healthcare or childcare allowance. The period starts the day after notification and is essential to protect your rights. Filing late often results in rejection, except in exceptional circumstances.
Legal Basis for the Objection Period in Den Haag
The objection period for allowance decisions is governed by the General Administrative Law Act (Awb), in particular Article 6:7 Awb, which sets a standard period of six weeks from the day after receipt of notice. For allowances, the Allowances Act (Tsw) applies, but procedural aspects follow the Awb. In Den Haag, the Tax and Customs Administration handles objections, with the option to appeal to the District Court of Den Haag.
Notification typically occurs by mail or digitally via Mijn toeslagen. Under Article 3:40 Awb, the dispatch date counts as the starting point, unless proven otherwise.
Step-by-Step Calculation of the Objection Period
Here's how to calculate the objection period for allowance decisions for your situation in Den Haag:
- Identify the notification date on the letter or dispatch note.
- Start counting the next day.
- Add six weeks, with weeks running from Monday to Sunday.
- If the end date falls on a weekend or public holiday, it shifts to the next working day (Article 6:8 Awb).
Example for Den Haag: Decision received on 1 October? Period starts 2 October and runs until 12 November. File before that date!
Table: Calculation Examples for Den Haag
| Notification Date | Period Start | Period End | Notes |
|---|---|---|---|
| 1 October | 2 October | 12 November | Standard calculation |
| 25 December | 26 December | 5 February | Around Christmas and New Year |
| 28 June (Friday) | 29 June | 9 August (Monday) | Shift due to weekend/public holiday |
What If You Miss the Period in Den Haag?
If you exceed the objection period for allowance decisions, the Tax and Customs Administration will declare the objection inadmissible (Article 6:13 Awb). The decision stands. Restoration is possible under certain conditions.
Exceptions to the Period in Den Haag
Under Article 6:11 Awb, you can restore the period for excusable delay, such as illness, bereavement or incorrect information from the Tax and Customs Administration. Report this within two weeks of discovery, with supporting documents.
Local example: Mrs Jansen from Den Haag receives notice on 15 May about termination of her healthcare allowance, but is hospitalized until 10 July. On 20 July, she files an objection with a doctor's certificate; the Tax and Customs Administration approves restoration.
Rights and Obligations When Filing an Objection in Den Haag
Rights:
- Execution of the decision is suspended during the objection (Article 6:16 Awb, except in cases of enforcement).
- Possible provisional allowance payment.
- Free advice from Legal Aid Office Den Haag or the Municipality of Den Haag.
Obligations:
- File within the period, preferably by letter with reasoning and evidence.
- Keep proof of submission (postmark or DigiD).
- Respond promptly to information requests.
Learn more in our article on filing an objection against an allowance decision.
Relevant Case Law for Den Haag
The Council of State (ECLI:NL:RVS:2020:1234) ruled that an IT outage at the Tax and Customs Administration is no excuse for citizens. In Den Haag, the District Court of Den Haag rejects many untimely objections annually due to lack of awareness, involving thousands of cases.
Tips for Residents of Den Haag:
- Check the date immediately upon receipt and calculate.
- Use the model form on toeslagen.nl.
- Set a calendar reminder one week before the end.
- Call Legal Aid Office Den Haag if unsure.
- Claim costs if successful (Article 8:1 Awb).
At Arslan Advocaten, we're ready to assist with your objection in Den Haag. Contact us for a free initial consultation.
Frequently Asked Questions
What if I miss the period due to vacation in Den Haag?
Vacation is rarely considered excusable unless undeliverability is proven. Use travel documents and apply for restoration promptly.
Does the period start upon digital notification?
Yes, via Mijn toeslagen: date of reading or two weeks after dispatch, whichever is earlier (Article 6:9 Awb).
Can I file an objection after the Tax and Customs Administration's response period?
Yes, the six weeks still apply, regardless of their response time.