Offsetting Allowances Against Debts in Den Haag
Offsetting of allowances against debts in Den Haag means that the Tax and Customs Administration (Belastingdienst/Toeslagen) does not pay out your full allowance, but uses it to settle outstanding government debts. This applies automatically to debts such as tax arrears or fines. It is a statutory procedure, but as a resident of Den Haag, you can object to it at the Rechtbank Den Haag. This article explains the Den Haag rules, your options, and tips for local assistance.
Why offsetting in Den Haag?
The government, including agencies in Den Haag, aims for swift debt collection. Monthly allowances such as healthcare allowance, rent allowance, or childcare allowance are suitable for this. Debts with the Tax and Customs Administration, UWV, SVB, or DUO trigger offsetting, so you do not receive the allowance while debts accumulate. In Den Haag, this is common among renters in neighborhoods like Schilderswijk or Transvaal.
Example: You have €500 outstanding income tax. Your €125 monthly healthcare allowance is fully deducted. Once repaid, you receive the allowance again.
Legal basis
Offsetting is governed by the Collection of State Taxes Act 1990 (article 14 IW), the Allowances Act (article 31 Wtt), and the General Administrative Law Act (Awb) for objections. The Tax and Customs Administration sends an offset decision with details. You have six weeks to object (article 6:3 Awb). If rejected, you can appeal to the Rechtbank Den Haag.
Which allowances and debts in Den Haag?
Not everything qualifies for offsetting. Overview:
| Allowances that can be offset | Debts eligible for offsetting |
|---|---|
| - Healthcare allowance - Rent allowance - Childcare allowance - Child-related budget |
- Tax debts (income tax, VAT) - Fines (CJIB traffic fines) - UWV recoveries - DUO student debts |
| Exception: Child-related budget not offset against childcare allowance debts from the benefits scandal (2023 rules). | |
Source: Tax and Customs Administration guidelines 2023. Private debts, such as those with Den Haag energy suppliers, do not count.
Rights and obligations as a Den Haag resident
Rights:
- Always receive an informative letter.
- Object within 6 weeks to the Tax and Customs Administration; appeal to the Rechtbank Den Haag.
- Preliminary relief for suspension (article 8:81 Awb).
- Subsistence level protection: at least €30 per month per person exempt.
Obligations:
- Pay debts on time.
- Report address changes to the Municipality of Den Haag and Tax and Customs Administration.
- Cooperate with repayment plans.
Practical examples from Den Haag
Example 1: Ms. De Boer from Binckhorst has €1,200 in CJIB fines. Her rent allowance (€250/month) is offset. After 5 months of full deductions, she receives it again; objection succeeded on limitation grounds.
Example 2: The Van Dijk family in Moerwijk, affected by the benefits scandal, retains child-related budget despite childcare debt.
Example 3: Mr. El Amrani from Laakkwartier has €800 UWV debt. Healthcare allowance (€140) offset, but remission via Municipality of Den Haag temporarily halts it.
Frequently asked questions in Den Haag
Can I object?
Yes, within 6 weeks. Success on limitation or errors. Help via Juridisch Loket Den Haag.
Stopping upon arrangement?
Not automatically; request from Tax and Customs Administration. Combine with compulsory composition via Municipality of Den Haag.
Problems due to offsetting?
Contact debt assistance at Municipality of Den Haag for mediation or remission. See also remission.
Private debts?
No, only government debts. CJIB yes, commercial no.
Tips for Den Haag
- Check Mijn toeslagen: For debts and offsets.
- File objection: Via toeslagen.nl; attach evidence.
- Debt help: Register with Municipality of Den Haag or Juridisch Loket Den Haag. Read garnishment on benefits.
- Prevent: Pay small debts yourself to keep your allowance.