Preliminary Relief in Social Security for Residents of Rijswijk
In Rijswijk, preliminary relief in social security can be an essential temporary intervention by the administrative court to delay or adjust the impact of decisions on benefits, such as WW, WIA, or municipal assistance from the Municipality of Rijswijk. This protects local citizens from permanent harm during ongoing objection or appeal procedures. It provides, for example, a temporary benefit or blocks a decision, based on the General Administrative Law Act (Awb), and is particularly relevant for Rijswijk residents who depend on these schemes.
What Does Preliminary Relief Entail?
Within social security law in Rijswijk, preliminary relief plays a key role if you disagree with a decision from authorities such as the UWV, the Municipality of Rijswijk, or the CAK. Preliminary relief means that the court in Rijswijk temporarily intervenes to stabilize the situation, for instance by ensuring continued payment of a benefit or pausing a termination until the main case is decided.
This measure is crucial in situations where delays lead to severe issues, such as payment arrears or the risk of losing housing in Rijswijk. It is not a permanent solution but a bridge to the final court ruling. In the region, this is frequently requested at the Rijswijk District Court, which handles administrative law cases.
Legal Basis
The legal foundation for preliminary relief is found in the General Administrative Law Act (Awb), specifically Section 8.3 (Articles 8:81 through 8:89). Article 8:81 of the Awb allows the court to intervene in cases of 'disproportionate disadvantage' due to delay. For social security in Rijswijk, specific laws apply, such as the Participation Act (Article 47) for municipal assistance from the Municipality of Rijswijk, the Work and Income according to Capacity Act (WIA) (Article 47), and the Unemployment Act (WW).
The administrative court at the Rijswijk District Court balances your personal interests against those of the government. There must be an urgent interest and a realistic chance of success in the main proceedings. Application fees are limited (court registry fee of €181 for individuals in 2023), but if rejected, you may have to cover the opposing party's costs.
Difference from Provisional Assessment or Other Measures
| Preliminary Relief | Provisional Assessment (tax law) | Provisional Benefit (UWV) |
|---|---|---|
| Court intervention during objection/appeal in Rijswijk | Provisional estimate of taxes by the Tax Authority | Temporary benefit without full assessment |
| Focus on preventing harm for local residents | Prevents late payments | Quick assistance in urgent situations |
| Application: social security in Rijswijk | Application: taxes | Application: WW benefit |
Preliminary relief stands out due to the independent judicial oversight at the Rijswijk District Court, unlike purely administrative temporary steps.
When Can You Apply for Preliminary Relief in Rijswijk?
As a resident of Rijswijk, you can submit a request if you have lodged an objection or appeal against a social security decision and its immediate implementation is harmful. Typical examples:
- Revocation of a social assistance benefit by the Municipality of Rijswijk during an ongoing appeal.
- Termination of a WIA benefit by the UWV, leading to immediate financial strain in Rijswijk.
- Denial of child benefit with urgent needs for families in the region.
The request must be urgent; if the main case is resolved quickly, it may be unnecessary. Direct your request to the Rijswijk District Court in the The Hague district, typically within four weeks of the decision.
The Step-by-Step Procedure in Rijswijk
- Lodge an Objection: Begin with an objection to the UWV or the Municipality of Rijswijk (within six weeks).
- Submit the Request: If the objection does not have a suspensory effect, apply for preliminary relief at the administrative court of the Rijswijk District Court. Download the form from rechtspraak.nl.
- Hearing: The court often schedules a hearing within two weeks. You can bring a lawyer or advisor from the Legal Aid Office in Rijswijk, though it is not required.
- Decision: The ruling is issued in writing or verbally and may grant a temporary benefit or deny it.
- Implementation: The decision takes immediate effect; the authority must enforce it.
The entire procedure in Rijswijk usually takes 4-8 weeks, significantly shorter than a standard appeal.
Practical Examples for Rijswijk Residents
Suppose, as a Rijswijk resident, you receive a WW benefit of €1,200 monthly. The UWV withdraws it due to alleged 'fault on your part,' but you have objected. Without income, you risk falling behind on rent in a Rijswijk property. Through preliminary relief at the Rijswijk District Court, continued payment is ordered until the procedure ends, providing €4,800 in the interim.
Another case: A single parent in Rijswijk has their assistance stopped by the Municipality of Rijswijk on suspicion of undeclared earnings. After objection and requesting preliminary relief, the court suspends the stop, given the lack of evidence and dependency on children, preventing local housing issues.
In a WIA case, the UWV denies a benefit after assessment. The individual with ongoing pain in Rijswijk requests €800 monthly provisionally. The Rijswijk District Court approves it based on medical records, pending the appeal.
Rights and Obligations in Rijswijk
Rights:
- Free legal assistance through the Legal Aid Office in Rijswijk if you have a low income.
- Right to a hearing at the Rijswijk District Court for a fair opportunity to present your case.
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.