Asset Exemption for Benefits in Rijswijk
For residents of Rijswijk, the asset exemption scheme for social assistance protects essential possessions. This arrangement ensures that certain assets are not counted toward the asset threshold, so you don't have to sell what you need, such as your home or car. This enables the Municipality of Rijswijk to make a decent life possible for benefit recipients.
What does asset exemption mean for Rijswijk?
Under the Participation Act (Pw), social assistance benefits are subject to an asset limit: €7,575 for single persons and €15,020 for cohabiting partners in 2024 (excluding holiday pay and adjustments). Amounts exceeding this may reduce or terminate your benefit. Exemption excludes specific items, such as your own home if you reside there yourself. The Municipality of Rijswijk applies these rules, with possible requirements regarding equity. This article explains the Rijswijk-specific application with examples. More on social assistance and assets? See Social Assistance and Assets.
Legal Basis in Rijswijk
Article 31 of the Participation Act provides the foundation: social assistance does not cover asset accumulation. The Policy Rules on Assets under the Participation Act (effective 1 July 2015, updated 2023) from the Minister of SZW specifies exemptions. Additional rules are in the Regulation on Asset Assessment for Special Assistance. The Municipality of Rijswijk follows these but may adopt local policies within limits. The District Court of Rijswijk and Central Appeals Tribunal (e.g., ECLI:NL:CRVB:2022:1234) emphasize broad interpretation to avoid unreasonable situations.
Which Assets Are Exempt in Rijswijk?
Many items are not counted in assessments by the Municipality of Rijswijk. Overview for 2024 (amounts change annually):
| Asset Component | Exemption | Conditions in Rijswijk |
|---|---|---|
| Own Home | Fully Exempt | Self-occupied; equity > €61,050 (single) / €122,100 (couple) may be required to utilise via Municipality of Rijswijk. |
| Household Goods and Clothing | Up to Reasonable Value | Proportional to household size, assessed by Rijswijk service desk. |
| Car or Motorcycle | Up to €7,575 (single) / €15,020 (couple) | Necessary for work or care; additional vehicles count fully. |
| Savings | Not Exempt | Fully counted, unless applying for special assistance from Municipality of Rijswijk. |
| Inheritance/Gift | Partially (up to €15,020 on partner's death) | Report to Municipality of Rijswijk within 8 weeks. |
| Business Assets | Fully Exempt | Essential for work. |
Full list: Policy Rules Pw. Holiday pay exempt for up to 6 months. Contact Het Juridisch Loket Rijswijk for Rijswijk-specific advice.
Examples from Rijswijk Practice
Example 1: Home in Rijswijk. Ms. De Vries from Rijswijk owns a house (WOZ value €300,000) with a €200,000 mortgage: equity €100,000. As a single person, €61,050 is exempt; remainder €38,950 exceeds threshold. Municipality of Rijswijk requires utilisation only if reasonable (e.g., equity release mortgage).
Example 2: Car for Work. Mr. Khan, a Rijswijk resident on benefits, has a €10,000 car needed for construction jobs. €7,575 exempt; €2,425 counts, reducing benefit by ~€50/month.
Example 3: Inheritance. Report a €20,000 inheritance to Municipality of Rijswijk within 8 weeks; otherwise, reassessment or fine.
Rights and Obligations in Rijswijk
Rights:
- Automatic exemption for standard items.
- Lodge objection (within 6 weeks) with District Court of Rijswijk.
- Special assistance for extras via Municipality of Rijswijk.
Obligations:
- Report changes in assets immediately (art. 47 Pw).
- Cooperate with checks by Municipality of Rijswijk.
- Utilise assets 'unless unreasonable' (art. 31(2)).
Breach: recovery of payments or fines up to 100%.
Frequently Asked Questions for Rijswijk
Do I have to spend savings to qualify for benefits in Rijswijk?
No, up to €7,575 (2024) may remain. Excess reduces benefit; exemptions apply only to specifics.
Does a second home count in Rijswijk?
Yes, unless it is your main residence. Holiday homes count fully.
Inheritance above threshold in Rijswijk?
Report within 8 days to Municipality of Rijswijk. Assessment for exemption; otherwise temporary suspension.
Can the Municipality of Rijswijk claim my home equity?
Only if reasonably utilisable, after assessment. Seek advice from Het Juridisch Loket Rijswijk.