Rights and obligations
From the moment you apply for benefits, you have a number of rights and obligations. These are stated in the Participation Act. They describe what you are entitled to, but also what you must do if you receive benefits. On this page we have listed everything for you. It is important that you adhere to the obligations stated in the law. Do you not do this? This may have consequences for your benefits. Is it not entirely clear or do you have a question? Do not hesitate and contact your legality consultant.
What rights do I have?
You are entitled to financial assistance from the municipality and to a supplement to your income up to the social assistance standard that applies to you. In addition, you are also entitled to assistance in finding a job. You can expect the following from us:
- The municipality treats you correctly.
- You will receive your benefits on time.
- The municipality protects your data.
- You know why the municipality has made a certain decision.
- You can object.
- You may travel abroad for a maximum of 28 days per calendar year.
- You can apply for a temporary exemption from work obligations.
What obligations do I have?
Obligation to provide information
From the moment you apply for assistance, you have a 'duty to provide information'. This means that you must provide the municipality with all information that is important for your right to assistance. If something changes in your situation, you must report this immediately. For example:
- you will work fully or partially and receive income;
- you are entitled to an inheritance, receive a prize in a lottery or a gift;
- You want to buy a car or motorcycle;
- you want to study;
- you want to volunteer;
- you are moving;
- your living situation changes (cohabitation, a divorce, children moving in or out);
- you want to go on holiday.
You can report the changes using the change form. Read more about reporting changes >.
You can also contact your legality consultant.
Do you not report all changes and will you receive too much benefit as a result? Then you have to pay this back. You can also receive a fine or a warning if there is deliberate abuse. The amount of the fine can be just as high as the amount that you have received too much. Will this happen again in 5 years? Then you can be fined up to 150% of the amount you have committed fraud. We can also stop your benefit for a maximum of three months.
Duty to cooperate
It is the intention that you cooperate if the municipality asks for it. By this we mean, for example, that you cooperate in a home visit. Or to an investigation in which we check whether you are still entitled to the benefit. If you do not cooperate, the municipality can reduce your social assistance benefit.
Work obligation
If you receive a benefit, the employment obligation also applies. Here are the rules:
- you have to accept (suitable) work and try to keep it. Sometimes exceptions may apply here. We always check whether the work suits you and we take your personal circumstances and wishes into account.
- you must register with an employment agency;
- you must actively seek work in advance in the municipality where you are going to live (if you are moving);
- you must be willing to travel a maximum of 3 hours per day if it is necessary to get work;
- you must be willing to relocate if it is not possible to find work within 3 hours of travel per day;
- you must do everything you can to acquire and maintain the necessary knowledge and skills;
- you must cooperate with the support you receive from the municipality aimed at finding work;
- you must ensure that your clothing, personal grooming or behavior does not interfere with getting a job.
Do you not meet these obligations? Then the municipality will lower your benefit. Are you not to blame? Then the municipality is not allowed to do this. The municipality must take your personal circumstances into account.
I cannot comply with the obligation to work, now what?
Single parent
You can get an exemption from the obligation to work if you are a single parent with full care for 1 or more children up to the age of 5. You must submit a request for this to your contact person at Work & Income. If you are exempted from the obligation to work, you will in any case be required to attend training. You are then obliged to participate in training offered by the municipality.
Urgent reason
The municipality can also temporarily release you from the labor obligations in full or in part. This means that you do not have to meet any obligations. There must be compelling reasons for this. For example, if you care for young children. Are you a single parent with a child up to 12 years old? In that case, the obligation to accept a job only applies if childcare is available.
If you are fully incapacitated for work for a long period of time, there is no obligation to work.
I received a letter stating that my benefit has been 'suspended'. What does this mean?
This means that your benefit is temporarily blocked. It has not been discontinued, but as long as this blockage is in place, your benefit will not be paid. You can often do something yourself to remove the blockage, for example by supplying us with missing data/evidence. Once you have done this, the blockage can usually be lifted and your benefit will be paid again. Make sure you do this on time. If you wait too long, your benefit may be stopped.
What is a fine and when can I get it?
You can be fined if you fail to comply with the information obligation. The obligation to provide information means that you must pass on everything that may affect (the amount of) your benefit to Werk & Inkomen. You do this with the change form. If you no longer have this available, please contact your legality consultant. Do you not submit the form (on time)? Then you can get a fine or warning. The fine officer will decide whether you will be fined. Before this decision is made, you always get the chance to explain your side of the story.
What is a reduction in my benefits and when does this happen?
Your benefit may be reduced if you fail to meet certain agreements. For example, if you do not cooperate well with a reintegration process or if you yourself quit your job without good reason. You will then receive less or no benefit for a period of time. The customer director determines this.
Are you homeless and do you receive a letter address from us? Then you have to meet certain obligations. For example, you must do everything you can to get your own living space as quickly as possible. Have you not done your best to find accommodation? Then your benefit may be reduced. Then your legality consultant will determine this.