Under the Work and Social Assistance Act (Wet werk en bijstand), anyone entitled to social assistance must notify the municipal authorities of any and all financial matters that may affect the social assistance benefit they and/or their minor children receive. This hinges on factors such as whether there is an ex-partner or a parent who has a legal obligation to pay maintenance for the benefit recipient and/or their children.
This is because any maintenance they receive will serve to reduce their social assistance entitlement. If it appears that the child and/or spousal maintenance being paid is too low, the Work and Social Assistance Act gives municipal authorities a right of recourse against the ex-partner and/or parent from who the maintenance is due. When determining the amount of a social assistance recovery payment, virtually the same Trema standards apply as are used to calculate ‘regular’ spousal and child maintenance.

Our specialists have wide experience of recovering social assistance payments at the municipal, court and court of appeals level and can provide expert advice and assistance regarding any queries you may have about the right of recourse.