Legal Advice for Social Assistance Problems


Questioner

Since my divorce (2014) I have been receiving additional assistance (under session, because of a then still owned home and overdue alimony, whereby the house was sold with residual debt and overdue alimony, was not paid retroactively). Initially on child support, later when my daughter was 18 and studying away from home, on partner alimony. The social services are now conducting an investigation, the additional assistance under session should possibly have been converted to free of charge earlier. They request that I submit all bank statements from 2014 to the present, in which all deposits and withdrawals must be clearly legible. I find this an unnecessary breach of my privacy, especially because child and partner maintenance can be requested in a different way via the LBOI and a bailiff who collects maintenance via wage garnishment. In fact, they have that information. My benefit has been suspended because I did not comply with this request in time. The social services were aware of the fact that my PC was being repaired, of which I showed them a copy of the order form. In addition, I made the effort to call the bank and requested the statements. These cost 5.40 euros each. That means 150 euros minimum for 1 statement per month. For someone who lives on social assistance, that is (too) much money. I have informed the social services of this in writing and by registered mail. Unfortunately, they have nevertheless suspended the supplementary benefit and are threatening to repay the total sum of supplementary assistance. I wonder whether I am to blame in this and whether the social services are acting lawfully in this? Yours faithfully,

Lawyer

In principle, you are responsible for providing information that is necessary to determine the right to benefits. However, what the municipality asks of you must be reasonable. Have you tried to discuss a solution with the municipality for providing the requested bank statements?

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