Social Support Act (Wmo)

What we do

There is a difference between the Wmo and the Youth Act. The Wmo can be accessed if, for example, a citizen needs support to live independently or wishes to participate in society. However, the citizen must be older than 18. The Youth Act supports children and young people who have not yet reached the age of 18.

The Wmo has the responsibility to support citizens who are not self-reliant. The support is provided at home. So think of:

• To relieve the caregiver
• Supporting citizens in cases of domestic violence
• To guide citizens who are homeless.

We assist private individuals with Wmo applications and with any application refusals. We also assist businesses performing activities under the Wmo.
Finally, we can provide legal support to a government organization.

Questions about the Wmo? Then please contact us!

The Wmo 2015 in the social domain

The Social Support Act 2015 (Wmo 2015) places responsibility for social support with the municipality. Within the Social Domain, the Wmo stands alongside the Youth Act and the Participation Act. The municipality must support residents who are not self-reliant on their own with self-reliance, participation, sheltered housing, and care. Unlike the Youth Act, the Wmo applies to adults aged 18 and over.

We approach the Wmo explicitly from the social domain: not only from the perspective of the individual client, but also from the position of municipalities and care providers implementing the law. Our mixed teams of lawyers and in-house counsel serve every party, from a large regional care provider to the independent support worker entering into a contract with the municipality as an entrepreneur.

Customized provision and general provision

The Wmo 2015 distinguishes between two types of support. A general provision is freely accessible without extensive assessment, such as a grocery delivery service or a drop-in center. A customized provision is tailored to the client's personal situation, for example, domestic help, individual guidance, day activities, home adaptations, or transport services.

Before granting a customized provision, the municipality conducts an investigation into the client's needs, personal characteristics, and capabilities. This investigation often takes place during a so-called kitchen table conversation. A common point of contention is whether the municipality may refer a client to a general provision, even though that provision is in fact unsuitable. Judges assess whether the support provided adequate : it must actually make an appropriate contribution to the client's self-reliance and participation.

Personal contribution, subscription rate and the CAK

For most Wmo support, the client pays a personal contribution. Since the introduction of the subscription rate, a fixed maximum monthly amount applies to many customized services, regardless of income or assets. The Central Administration Office (CAK) determines and collects the personal contribution. A decision by the CAK regarding the amount of the personal contribution is a decision against which an objection and appeal may be lodged; the time limit for objection is six weeks.

Please note: the municipality determines whether a personal contribution is due, while the CAK determines and collects the amount. For those wishing to challenge the rate, it is therefore important to address the correct decision and the correct administrative body. For the connection with debts, we also refer to our debt assistance.

Personal budget (pgb) and care in kind

The client can receive support as care in kind, whereby the municipality purchases the assistance from contracted providers, or as a personal budget (pgb). With a pgb, the client chooses and hires their own support; payment is made via the Social Insurance Bank (Sociale Verzekeringsbank). The municipality may attach conditions to a pgb and may refuse an application, for example if the quality or the pgb competence is insufficiently guaranteed. We regularly encounter disputes in our practice regarding the level of a pgb rate or the refusal thereof.

Disputes between municipality and care provider

The relationship between the municipality and the care provider is largely governed by civil law: the municipality purchases support through agreements or a tender process. In those contracts, the municipality may stipulate that it exercises control over the financial legality of the funds spent. The Supreme Court has confirmed that a municipality may stipulate such control powers in a private law agreement.

In addition, the Wmo 2015 provides for a form of administrative supervision regarding quality and legality. We assist both municipalities exercising supervision, enforcing contracts, or recovering funds, as well as providers defending themselves against recovery, suspension of payments, or termination of the contract. For care providers, the privacy position regarding client data is crucial in this context; see our page on privacy in the social domain.

Objection and appeal against a Wmo decision

A decision by the municipality regarding a customized provision, such as a rejection, a reduction in hours, or a termination, is a decision within the meaning of the General Administrative Law Act. The client may lodge an objection against this with the municipality within six weeks. If the municipality declares the objection unfounded, an appeal may be lodged with the District Court (Administrative Law Sector) and subsequently a further appeal with the Central Appeals Board, the highest court in Wmo cases.

It is important to make a clear distinction between the decision of the municipality, which is reviewed by the administrative court, and the actual implementation by the care provider. Complaints regarding the quality of the care actually provided are generally handled through a complaints procedure or, where applicable, through the civil court, and not through the administrative court.

What MKB Juristen can do for you

Our mixed teams of lawyers and in-house counsel work for every link in the Wmo chain: from the international corporation managing municipal contracts as a care provider to the baker on the corner dealing with a municipality as a small business owner, and from the municipality itself to the individual client.

We provide support with, among other things:

• applying for a Wmo customized provision and lodging an objection against a rejection or reduction;
• appeal and further appeal to the administrative court and the Central Appeals Board;
• disputes regarding the personal contribution and decisions of the CAK;
• drafting, reviewing, and enforcing contracts between the municipality and the care provider;
• supervision, recovery and legality issues for municipalities and providers;
• privacy and data issues in the implementation of the Wmo.

Questions about the Social Support Act? Please contact us.