Benefit reclaimed because of assets? Your objection goes to the municipality.
In principle, you have six weeks to lodge an objection with the Municipal Executive (college van burgemeester en wethouders). After that, the decision becomes final.
Nederlands: Lees dit artikel in het Nederlands: Bijstand en een huis of vermogen in het buitenland: wat kunt u doen bij terugvordering?
Türkçe: Bu makaleyi Türkçe okuyun: Sosyal yardım ve yurt dışındaki ev veya malvarlığı: geri talep durumunda ne yapabilirsiniz?
- Your objection goes to the municipality that took the decision, not to the UWV.
- Do you not have the documents yet? Lodge a pro forma objection and add the grounds later.
- The date on the letter counts, not the day you read it.
- No income during the objection? Ask for a provisional measure straight away.
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Written by Ömür Arslan, attorney at Arslan Advocaten, practising social security law. Registered in the Netherlands Bar’s register of practice areas for tenancy law and social security law.
A house, a plot of land, a bank account or an inheritance abroad can have consequences for your social assistance. The municipality looks at, among other things, your ownership, the value and whether you are able to dispose of the assets. The fact that family members use a property does not in itself rule out consequences. If your benefit is withdrawn or reclaimed, request the full investigation file and check, period by period, which facts have been established.
This issue arises, for example, with a family home in Turkey, land in Morocco or an inherited share in a house in Suriname. The key questions are similar, but property registration, inheritance law and available documents differ from country to country. A Dutch summary of a foreign register therefore does not always tell the whole story.
A good objection links the legal questions to verifiable documents. You must be able to explain what belongs to you, since when, what it was worth and what restrictions actually existed. General statements such as “it belongs to the family” are usually not enough.
Do assets abroad count for social assistance?
Social assistance is intended for people who do not have sufficient income or assets to support themselves. Possessions outside the Netherlands can therefore be relevant. According to the Dutch government, the value of a second home or holiday home in the Netherlands or abroad counts towards your regular assets.
The assessment is not limited to houses. Land, a share in real estate, savings or rights arising from an estate may also require attention. Rental income or a foreign pension is a separate issue in addition to this.
So make a complete overview. Also describe any possession you believe has little value or is difficult to sell. With that information, it can be assessed whether it actually counts. Deciding yourself that something is unimportant may later lead to a dispute about your duty to provide information.
Which asset limit applies?
The asset limit depends on your living situation and the year concerned. For 2026, the Dutch government states €8,000 for a single person and €16,000 for a single parent or a joint household. For a recovery covering earlier years, use the limits that applied in those years.
It is not only about the value of the property abroad. Your other relevant possessions and the treatment of debts also play a role. So have the total calculation of your assets checked and see which exemption has already been applied.
A valuation just above or below a limit may seem to make a big difference. Yet the outcome does not always follow from one simple comparison. The start date of your social assistance, later changes in your assets and the assessment period may be legally relevant. Ask for a calculation that makes these steps visible.
Is a house registered in your name but used by your family?
Registration in your name is an important fact. The fact that parents, brothers or sisters live in the house does not automatically cancel out any ownership right you may have. Moreover, family arrangements about use are not always the same as a legally recorded restriction.
Request the complete ownership document. In Turkey, a tapu (title deed) may be relevant, together with additional land registry information. Check who is listed as the owner, what share belongs to that person and whether any special rights or encumbrances are registered.
If you argue that the registration does not reflect the actual legal situation, substantiate this. Think of a court decision, a notarial deed or other documents that carry weight under local law. A mere statement from family members that the house actually belongs to someone else may be insufficient.
A share in an undivided inheritance
With an estate, it matters which rights you acquired and when. An inheritance may consist of various assets and debts, while the division has not yet been completed. A share is not the same as ownership of the whole house.
Gather the details of the death, documents about the heirs, any wills and documents about the division. Describe which steps have already been taken and which are still ongoing. Distinguish between uncertainty about the extent of your right and a practical problem in receiving money.
A long-running family dispute may be relevant, but it is not in itself proof that you cannot dispose of assets. Have it explained what legal options you have to realise your share and what specific obstacles stand in the way. The municipality must be able to assess your factual and legal position.
Being able to dispose of assets: what does that mean?
The question is not only whether a possession exists, but also whether you have it at your disposal or can reasonably dispose of it. That calls for an assessment of your actual rights and options. A formal restriction may carry different weight from a personal wish not to sell a family home.
Describe each obstacle precisely. Is there an attachment, a court injunction, an undivided co-ownership or a limited property right? Which documents show this and during which period did it apply? An obstacle that only arises later does not automatically explain an earlier period.
Also have it examined what efforts can reasonably be expected of you. Being difficult to sell and being legally impossible to sell are different matters. You do not have to present your situation as more or less favourable than it is; what matters is a verifiable assessment of the options available.
How is the value of a property abroad determined?
The value must fit the property and the relevant date. A recent market value does not necessarily say what the property was worth years earlier. A tax registration may also differ from the value needed for the social assistance assessment.
Request the complete valuation report. Check the address, plot, floor area, share, state of repair and the comparable properties used. See whether the report actually describes the house or relies mainly on general price data.
A counter-report may be worthwhile if there is a specific valuation problem. In that case, give a valuer a targeted instruction: which property, which share and which valuation date must be assessed? A stand-alone estate agent’s letter stating an amount without any method or substantiation offers less to go on.
Exchange rates and different valuation dates
For assets in another currency, amounts have to be converted. Check which rate and date were used and whether the same assumptions were applied consistently. An increase in value in local currency does not necessarily mean the same development in euros.
Make an overview showing the original currency alongside the converted amount. Also state the date to which a valuation or bank balance relates. This prevents current exchange rates from being combined with historical values without a clear explanation.
The aim is not to choose your own calculation method that happens to turn out favourably. Ask which method fits the assessment period legally and factually. An expert can help where exchange rates, inflation and different valuations become intertwined.
May the municipality carry out an investigation abroad?
A municipality may investigate information about income or assets abroad. In doing so, it can make use of the International Fraud Information Bureau (Internationaal Bureau Fraude-informatie), part of the UWV, which coordinates cross-border investigations. The UWV guidance on income and assets abroad, 2026 version describes this procedure.
An investigation abroad must be carried out carefully. Ask about the reason for it, the sources used, the questions investigated and the original documents available. The selection for investigation and the way in which information was obtained may also be legally relevant.
The fact that an investigation takes place in another country does not automatically make its outcome unusable. Conversely, you do not have to accept a summary uncritically. The question is which information has been reliably established and what conclusion can be drawn from it for your social assistance.
Check whether the investigation concerns the right person
Names may be spelled differently or appear in a different order in foreign registers. Several family members may also have similar names. So check whether the link between the person and the property is sufficiently clear.
Dates of birth, identification numbers and other characteristics can help with that check. Share such details through an appropriate channel and only insofar as necessary. A difference in spelling is not automatically proof of mistaken identity, but it does call for an explanation if the file is unclear.
Also check whether the right property was investigated. A family name on a tax assessment is not the same as a complete ownership registration. Ask what legal significance the registration concerned has in that country, particularly when the municipality bases its conclusion about ownership on it.
Translations and foreign documents
Keep original documents and submit a clearly legible copy. Note where the document comes from, when it was issued and what situation it relates to. A recently issued extract may contain historical information; that distinction must remain visible.
A translation must render the relevant terms accurately. Words for ownership, use, share or tax liability may have different legal meanings. If in doubt, ask for an explanation from someone with knowledge of the law concerned.
A sworn translation may be necessary or useful, depending on the document and the procedure. Agree in advance what is required, so that you do not incur unnecessary costs. Do not submit your own translation as if it had official status; state clearly who made the translation.
What if documents are difficult to obtain?
Respond to the request for information and explain specifically what is missing. Describe which authority you requested the document from, on what date and what response you received. Keep proof of your efforts.
Where necessary, ask for a reasonable additional period or an alternative document. If a register is temporarily inaccessible because of a local outage, conflict or other circumstance, substantiate this as well as you can. Simply stating that things abroad are complicated gives the municipality little to work with.
In the meantime, keep providing the information that is available. A partial but clear file is easier to assess than no response at all. Have it examined legally what can reasonably be asked of you if obtaining documents is genuinely impossible.
Recovery: check more than the value of the property
A recovery is not by definition limited to the estimated value of an asset. The legal basis, the period and whether your entitlement to social assistance can be established are decisive. So ask how the amount claimed follows from the facts established.
Check the date on which you acquired the asset or right. A registration or valuation from one year may not be applied to every earlier year without further substantiation. Changes in your ownership share, the value and availability may also be relevant.
See whether the municipality claims that you had too many assets or that your entitlement cannot be established because information is missing. That difference determines the approach. In the second case, additional information about the historical situation may be of great importance.
File check for an objection
| Question | Information to gather | Possible significance |
|---|---|---|
| What is your right? | Title deed, register extract or inheritance documents. | Distinction between full ownership, a share and another right. |
| Since when has it existed? | Date of acquisition, transfer or details of the estate. | Defining the period over which consequences are possible. |
| What was it worth? | Valuation with property details, method and valuation date. | Checking the calculation of assets and any historical differences. |
| Was it available? | Documents on restrictions and attempts to sell or divide. | Assessment of the factual and legal ability to dispose of it. |
| What did you report? | Application forms, messages and acknowledgements of receipt. | Checking the alleged breach of the duty to provide information. |
Objection, payment arrangement and acute money problems
As a rule, lodge an objection within six weeks against a decision you disagree with. Follow the instructions in the letter and list all the decisions you are challenging. Do not wait for an investigation abroad or a translation to be completed if that would cause the deadline to pass.
Ask separately for attention to the collection of the debt. If you cannot pay an amount, discuss an arrangement and provide insight into your financial situation. An arrangement does not automatically change the legal assessment of the recovery; make it clear if you continue to dispute it.
If your current benefit is also stopped, a new application or a temporary court order (provisional measure) may need attention as well. Which route is appropriate depends on your current means and the decision being challenged. Read more about social assistance benefits and recovery of social assistance.
Fictitious example: an inherited quarter of a house
A woman inherits a house abroad together with three relatives. The municipality receives a valuation of the whole house and draws conclusions from it for her social assistance. The file does not yet make clear when the estate passed to the heirs and what rights each of them has.
A targeted response first maps out her ownership share and the timeline. Next, it is examined whether the valuation uses the correct valuation date and how her share should be valued. Any obstacles to a sale are substantiated separately.
This fictitious example shows that the value of a house does not determine the outcome without further steps. Nor does it mean that an undivided share falls outside the scope of social assistance. The correct rights, amounts and periods must be linked to one another.
Rental income in addition to the value of a property
A property may not only represent assets, but also generate income. So keep track of any rent payments separately. The assessment of that income is not automatically settled because the municipality has already investigated the value of the property.
Gather rental agreements, amounts received and information about who actually receives the money. If family members handle the administration, ask for a verifiable breakdown. Simply saying that someone else takes care of everything gives insufficient insight into your rights and income.
Also state when a property is empty or is used by family members without payment. Describe the actual situation without assuming a notional rent. A clear distinction between ownership, use and proceeds makes it possible to assess which information is relevant to your social assistance.
Frequently asked questions about social assistance and property abroad
Do I have to report a house that my parents use?
A possible ownership right is relevant, even if family members use the house. Describe the situation in full and have the consequences assessed. Use by family members is not automatically the same as assets that are legally unavailable.
Does a small plot of land also count?
Land can be an asset. The value, your share and any restrictions must be assessed. Do not rely solely on the impression that the plot is worth little; gather information that allows the municipality to establish its actual significance.
Is a local tax value sufficient evidence?
That depends on what that value represents and which valuation is needed. A tax value is not necessarily the same as the relevant market value. Ask how the municipality uses the figure and whether an additional valuation is needed.
Does it help to transfer the property to family?
A transfer does not erase earlier facts or obligations and may have new legal consequences. Do not set up arrangements to conceal assets. First have your current rights, obligations and options assessed.
Can I lodge an objection without all the foreign documents?
Yes, you can identify the contested decision and lodge an objection in time while you gather documents in a targeted way. Ask for an opportunity to supplement your objection and explain why documents are still missing. Keep proof of your requests to foreign authorities.
Which documents should I bring to a lawyer?
Bring the decision, the investigation report, ownership documents, valuations and earlier notifications. Add a short timeline. By contacting Arslan Advocaten, you can submit your file for an assessment of the recovery and the next steps available.
Read also
Social assistance and gifts, bank deposits or loans: when may the municipality recover benefit?
Social assistance recovered because of alleged cohabitation: objecting to the municipality
Home visits and social assistance: your rights and the consequences of refusing
