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Social domain expertise team

Social Domain

For residents, care providers, and municipalities who want their rights and obligations regarding the Wmo, youth care, work, and income clearly regulated.

The social domain revolves around the care and support tasks of the municipality: the Wmo 2015, the Youth Act, the Participation Act, and debt assistance. Our lawyers and in-house counsel assist large care organizations and municipalities as well as small care providers and individual residents. From international corporations to the baker on the corner: practical and legally sharp.

Lawyers and in-house counsel in the social domain in one team. Practical specialist legal assistance for entrepreneurs.
For municipalities, care providers, and residents — from corporations to the baker on the corner Practical specialist legal assistance for entrepreneurs
Core laws: Wmo 2015, Youth Act, Participation Act and Wgs Practical specialist legal assistance for entrepreneurs
Specialist advice in the social domain starting from €155 per hour excl. VAT. Clarity regarding the process, approach, and next steps.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
We worked for, among others:
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner

Expertise within the Social Domain

The social domain revolves around the care and support tasks of the municipality: the Wmo 2015, the Youth Act, the Participation Act, and debt assistance. Our lawyers and in-house counsel assist large care organizations and municipalities as well as small care providers and individual residents. From international corporations to the baker on the corner: practical and legally sharp.

Tendering in the social domain

The procurement of Wmo support, youth care, and reintegration is subject to strict tendering rules. Our lawyers and in-house counsel advise municipalities as well as providers on procedures, Open House, subsidies or procurement, and fair prices.

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Division of powers

Attribution, delegation, or mandate: in the social domain, the division of powers determines whether a decision stands. Our lawyers and in-house counsel assist governments, institutions, and entrepreneurs, from international corporations to the baker on the corner.

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Contracts in the social domain

From a framework agreement with a large healthcare institution to a partial agreement under an open house model: we draft contracts in the social domain, review them, and resolve disputes. For clients ranging from international corporations to the baker on the corner.

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Health law

From healthcare group to independent care provider: MKB Juristen assists you with quality, patient rights, healthcare purchasing, supervision, and liability within the social domain.

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Youth Act

The Youth Act makes municipalities responsible for virtually all youth care. Our mixed teams of lawyers and in-house counsel assist you with the obligation to provide youth care, procurement, fair rates, and objection and appeal procedures.

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Participation Act

Our lawyers and (corporate) legal counsel advise municipalities, employers, and citizens on the Participation Act: from objections and appeals to recovery, administrative fines, and wage cost subsidies.

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Privacy in the social domain

Municipalities process a great deal of sensitive data in the social domain. Our lawyers and in-house counsel help you organize this processing lawfully, securely, and humanely.

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Debt assistance

Debt assistance touches upon both administrative law and insolvency law. Our lawyers and in-house counsel advise municipalities and assist entrepreneurs and private individuals – from international corporations to the baker on the corner.

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Subsidies

With our broad expertise within the social domain, we serve local authorities and their governing bodies. We provide legal advice at all levels of an organization. Our services are characterized by high quality, reliability, and in-depth specialization.

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Social Support Act (Wmo)

The Wmo 2015 places social support with the municipality. We assist clients, municipalities, and care providers regarding customized provisions, objections and appeals, the personal contribution, and contracts within the social domain.

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Amendments to APV policy rules

With our broad expertise within the social domain, we serve local authorities and their governing bodies. We provide legal advice at all levels of an organization. Our services are characterized by high quality, reliability, and in-depth specialization.

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What is the social domain?

The social domain encompasses all tasks the municipality has in the areas of care, support, youth, work, and income. The core is formed by three acts: the Social Support Act 2015 (Wmo 2015), the Youth Act, and the Participation Act, supplemented by the Municipal Debt Assistance Act (Wgs). While the top tier of the legal profession focuses primarily on large municipalities and care corporations, our lawyers and (corporate) legal counsel also assist smaller care providers and individual residents—from international care corporations to the self-employed professional in the neighborhood and the baker on the corner with a Wmo request.

The social domain is largely administrative law: the municipality makes decisions (executive orders) against which objections and appeals are possible. At the same time, there is a great deal of contract law (procurement, framework agreements) and privacy law involved. We combine this knowledge in one team.

The Social Support Act 2015 (Wmo)

The Wmo 2015 obligates the municipality to support residents who are not self-reliant with a customized provision, such as domestic help, guidance, day activities, home adaptations, or sheltered housing. The municipality must decide on an application pursuant to Article 2.3.5 of the Wmo 2015, following a thorough investigation (the “kitchen table conversation”) as referred to in Article 2.3.2 of the Wmo 2015. If a provision is refused, reduced, or terminated, we assess whether the investigation and the justification stand up to scrutiny and, if necessary, lodge an objection and appeal.

For care providers, we advise on contracts with the municipality, the fair cost price (the Decree on Fair Prices pursuant to Article 2.6.6 of the Wmo 2015), quality requirements, and supervision. It is precisely the smaller provider that often finds themselves in a weak position vis-a-vis the municipality in this regard; we strengthen that position.

The Youth Act

The Youth Act places responsibility for youth care with the municipality. The duty to provide youth care is enshrined in Article 2.3 of the Youth Act: the municipality provides a youth care service if a young person or parent requires it. We assist parents and young people when help is refused or phased out, and advise youth care providers on procurement contracts, referrals, the involvement of a certified institution, and the relationship with the municipality. We also act in disputes regarding rates and contract termination.

The Participation Act and debt assistance

The Participation Act regulates social assistance, reintegration, and support in finding work. Social assistance is subject to obligations, such as the labour and reintegration obligations of Article 9 of the Participation Act. In the event of non-compliance, the municipality may reduce the benefit pursuant to Article 18 of the Participation Act and recover social assistance received in error (Article 58 of the Participation Act). We assess whether a measure, recovery, or fine (Article 18a of the Participation Act) is justified and proportionate. For debts, the Municipal Debt Assistance Act (Wgs) provides a separate framework; we advise residents and organizations on access and refusal.

Objection and appeal: administrative law in the social domain

Almost every decision in the social domain is an administrative order within the meaning of the General Administrative Law Act (Awb). If you disagree with it, a six-week objection period applies (Article 6:7 Awb), calculated from the date of notification. Subsequently, an appeal to the District Court is possible (Article 8:1 Awb), followed by an appeal to the Central Appeals Board. The deadlines are strict: being late generally results in inadmissibility. Therefore, engage us in a timely manner; we will assess the decision, conduct the proceedings, and, where necessary, request a preliminary injunction to maintain care during the proceedings.

Social domain for SMEs and the individual resident

The large firms primarily advise municipalities and large healthcare institutions. Not us: our mixed team of lawyers and in-house counsel also assists small care providers, self-employed professionals in healthcare or youth care, and residents themselves. Accessible, practical, and without unnecessary jargon, yet legally sharp — with the relevant legal articles at hand instead of general platitudes. From international corporations to the baker on the corner.

Purchasing, contracts and cooperation

Much care in the social domain is provided via contracts with the municipality. If it concerns agreements between care providers, a main contractor and subcontractor structure, or a partnership, please visit our page on the cooperation agreement. In it, you define tasks, liability, rates, and termination before things go wrong.

Does your question fall under the broader administrative law?

The social domain is a specialized part of administrative law. If it concerns another government decision — a permit, enforcement, a subsidy, or a general General Administrative Law Act (Awb) procedure — please visit our administrative law. This page focuses specifically on the Social Support Act (Wmo), the Youth Act, the Participation Act, and debt assistance.

What we help with

From a rejected application to a procurement contract with the municipality — our lawyers and legal experts support residents, providers, and municipalities at every stage of the social domain.

  • Objection and appeal against Wmo, youth care, and social assistance decisions
  • Application for and retention of a customized provision (Article 2.3.5 Wmo 2015)
  • Youth care: refusal, phasing out and the youth care obligation (Article 2.3 Youth Act)
  • Participation Act: measures, fines and recovery (Articles 18, 18a and 58 of the Participation Act)
  • Debt assistance and access under the Wgs
  • Procurement contracts, framework agreements and fair rates (Article 2.6.6 Wmo 2015)
  • Advice to care providers on quality, supervision, and termination
  • Interim measure to maintain care pending the proceedings
  • Privacy and data sharing in the social domain

When do you engage this team?

Often, there is already a process underway before legal proceedings are initiated, and deadlines in administrative law are strict. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.

Your Wmo or youth care provision is refused, reduced, or terminated

Discuss your situation

You receive a decision and the six-week objection period begins

Discuss your situation

The municipality reduces or reclaims your social assistance or imposes a fine

Discuss your situation

As a healthcare provider, you are being charged an unreasonable rate or forced to terminate the contract

Discuss your situation

You are unable to reach an agreement with the municipality regarding a procurement contract

Discuss your situation

You are dealing with supervision or a quality audit

Discuss your situation

You doubt whether a decision has been made carefully and with proper justification

Discuss your situation

Assess first, then act

In the social domain, the case file determines the outcome, and a missed deadline is often irreparable. Before we lodge an objection or initiate proceedings, we map out the decision, the underlying investigation, and the facts, and check the deadline. In this way, we choose the route—a meeting with the municipality, an objection, an appeal, or a preliminary injunction—that best serves your interests, rather than taking just any step.

Our approach

From question to solution in four steps.

1

Intake

We discuss your situation and goal, and review the decision, the investigation, and the timeframe.

2

Analysis

We assess your position against the Wmo, the Youth Act, the Participation Act, and the General Administrative Law Act, and map out opportunities and risks.

3

Strategy

We choose the route — consultation, objection, appeal, or preliminary injunction — and the involvement of a lawyer or legal expert.

4

Execution

We handle everything from filing objections and negotiations to litigation before the court or the Central Appeals Board.

Mr. Jaime Boogaers
Mr. Jaime Boogaers Corporate Law · Lawyer

In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.

Specialists within the Social Domain

Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.

All our legal experts and lawyers possess broad legal knowledge in the fields of healthcare, youth, employment, participation, education, asylum, culture, and sports. In addition, they have specialized in one or more areas of law within the social domain. We have organized several areas of focus into different practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.

Frequently asked questions about the social domain

The questions residents and care providers ask us most often.

How long do I have to object to a Wmo or youth care decision?

The objection period is six weeks (Article 6:7 of the General Administrative Law Act), calculated from the day after the decision is announced. If you are late, your objection is in principle inadmissible. Therefore, seek assistance as soon as possible; sometimes a preliminary injunction is also possible to maintain care during the proceedings.

The municipality is refusing or cutting my customized care provision. What can I do?

Pursuant to Article 2.3.5 of the Wmo 2015, the municipality must carefully investigate what you need and properly justify the decision. We assess whether that investigation is sound and whether the outcome is correct, and, if necessary, lodge an objection and subsequently an appeal with the court.

I am a small care provider. Will you also help me with the municipality?

Yes. We specifically advise self-employed professionals and small providers on procurement contracts, fair rates (Article 2.6.6 Wmo 2015), quality requirements, supervision, and termination. From international healthcare groups to self-employed professionals in the neighborhood: we strengthen your position.

Is the municipality allowed to reduce or reclaim my social assistance?

In the event of non-compliance with obligations, the municipality may reduce social assistance (Article 18 of the Participation Act) or impose a fine (Article 18a of the Participation Act), and recover social assistance received in error (Article 58 of the Participation Act). We assess whether the measure is justified and proportionate and, if necessary, initiate proceedings.

Do I need a lawyer or a legal expert?

That depends on your situation. For advice, drafting and reviewing contracts, objection procedures, and negotiations with the municipality, a (corporate) legal counsel is often sufficient. For legal proceedings requiring mandatory legal representation, we engage a lawyer. We have both in-house and determine together with you what is most suitable.

Does this only apply to municipalities and large institutions?

No. We help municipalities and large healthcare corporations, but just as much small providers, youth care workers, self-employed professionals, and individual residents. Our strength is that we assist both large and small organizations in a practical manner, while adhering to the law.

Discuss your situation with a social domain specialist. Our social domain lawyers and legal experts help municipalities and large care organizations, as well as small providers and individual residents, move forward. Schedule a meeting and know where you stand within a single conversation — from a corporation to the baker on the corner.
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Jaime Boogaers

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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