Interpretation of the Participation Act

Questioner

The applicant, me, has applied for subsistence assistance with retroactive effect. However, the applicant cannot complete the application because certain supporting documents are missing. The executor now demands that the applicant stops the application and submits a new application, but then without retroactive entitlement. The applicant thinks he will get into further trouble if the final decision-making process takes even longer. The applicant believes that the Participation Act, Chapter 5, Article 44 provides for the following cases: Article 1 'If the board has determined that there is a right to assistance, assistance will be granted from the day on which this right arose, provided that this day does not precede the day on which the person concerned reported to apply for assistance' Article 3 'If the interested party does not submit the application as soon as possible after he has reported himself and this is attributable to him, the board may, by way of exception to the first paragraph, decide that assistance will be granted from the day on which the application is submitted.' Is the applicant's interpretation of the legal text correct and is the executor's demand unreasonable and against the letter of the law?

Lawyer

If you have received a (written) decision in response to the application for a (social assistance) benefit, you will be able to file an objection within six weeks if you do not agree with it. This possibility of objection is usually also stated on such a decision. I advise you to seek advice from a lawyer as to whether an objection is worthwhile. Please note that you do not let the objection period expire unused, because that is a fatal term. You may call me without obligation to discuss; I may be able to assist you with a possible objection on a pro bono basis.