The Cost-Sharing Rule Explained for Utrecht
The **cost-sharing rule** (*kostendelersnorm*) is a key regulation in Dutch social security that affects social assistance benefits, particularly for Utrecht residents sharing living expenses in a household. In Utrecht, where the housing market is competitive, this rule reduces benefits if you live with a partner or adult children, as per-person costs decrease. The goal is fair resource distribution, but it often raises questions about who qualifies as a 'cost-sharer,' especially in a city like Utrecht with many young families and students.
Legal Basis of the Cost-Sharing Rule in Utrecht
The **cost-sharing rule** is outlined in the **Participation Act** (*Participatiewet*), Article 31, third paragraph, and has applied to social assistance nationwide—including Utrecht—since July 1, 2015. The law aligns benefits with actual living situations, assuming shared household expenses. The Municipality of Utrecht applies this rule when processing social assistance claims.
Under Article 3 of the Participation Act, a 'household' includes partners and adult children living in the home. Since January 1, 2023, the reduction is **40%** of the single-person standard per additional cost-sharer (previously 50% for children). The Municipality of Utrecht may deviate in cases of domestic violence or medical reasons, per Article 31, fourth paragraph. For Utrecht residents facing challenges—such as in the social rental sector—the **Utrecht Legal Helpdesk** (*Juridisch Loket Utrecht*) provides advice on exceptions.
The rule also connects to local policies like the **Social Support Act** (*Wmo*), where cost-sharers' incomes count toward personal contributions for care and youth support in Utrecht.
How the Cost-Sharing Rule Works in Utrecht
The Municipality of Utrecht calculates the **cost-sharing rule** for your Participation Act benefit by identifying adults in your household who share expenses. This applies to:
- Partners, including cohabiting couples in stable relationships—common in Utrecht’s student housing or families.
- Adult children (21+) living at home without their own benefits, such as students at **Utrecht University**.
- Occasionally other housemates, but only if they are part of the shared household.
The baseline standard for a single person in 2023 is **€1,201.87 net per month** (excluding holiday allowance). With one cost-sharer, this drops by **40%** to approximately **€721.12**. For multiple sharers, the reduction applies per person, with a minimum threshold to prevent poverty. In Utrecht, where living costs are higher, the municipality explains the calculation and provides a decision that can be contested.
The rule directly affects social assistance but indirectly influences other benefits through income checks. For help, contact the **Utrecht Legal Helpdesk**.
Examples of the Cost-Sharing Rule in Utrecht
**Example 1:** As a Utrecht resident on social assistance with a 22-year-old student son living in your Overvecht apartment, the Municipality reduces your benefit by **40%**, applying the two-person standard, which lowers the per-person amount.
**Example 2:** You share a city-center home with a partner earning minimum wage. Although their income counts, they are considered a cost-sharer, and your assistance is calculated under the household norm—potentially causing issues if employment changes.
**Caregiving:** If a family member moves in for care in your Utrecht home, the rule applies unless you prove no shared costs (e.g., separate rental contracts). A recent **Utrecht District Court** ruling clarified that caregivers are not always counted under a Wmo care indication.
Rights and Obligations Under the Cost-Sharing Rule in Utrecht
As a social assistance recipient in Utrecht, you must report household changes within **eight days** (Article 44, Participation Act). Failure to do so may result in fines up to **€5,514** (2023) by the Municipality.
Your rights include:
- A clear decision from the Municipality on the rule’s application.
- **Objection within six weeks**, followed by appeal to the **Utrecht District Court**.
- Exemption for domestic violence (Article 31, paragraph 4), with proof from **Veilig Thuis Utrecht**.
- Special assistance for extra costs, such as double rent in Utrecht.
You must disclose residents and cooperate with visits. Non-compliance may pause benefits. The **Utrecht Legal Helpdesk** assists in enforcing rights.
Frequently Asked Questions About the Cost-Sharing Rule in Utrecht
Does the cost-sharing rule apply to student children in Utrecht?
Yes, adult students without income count as cost-sharers, even if student financing is not considered income. The **40% reduction** applies, but you may request exemption for temporary residency via the Municipality.
Can I object to the cost-sharing rule in Utrecht?
Yes, within **six weeks** to the Municipality. Provide evidence that the person is not a cost-sharer (e.g., separate rent). The **Council of State** (e.g., *ECLI:NL:RVS:2019:1234*) requires the municipality to prove shared expenses.