Social Domain

The range of tasks of municipalities has expanded considerably after the 2015 Social Support Act and the Youth Act entered into force. Both laws have been in existence for some time now and the Social Security Appeals Tribunal has set a fair number of legal markers. Yet municipalities are still regularly confronted with questions about cooperation, procurement, and appeal and objection procedures.

Pels Rijcken's Social Domain expert team answers all your questions about the 2015 Social Support Act, the Youth Act and the Participation Act. Our team advises and litigates on these topics on a daily basis and has amassed extensive experience and expertise. The team includes specialists in the fields of care, (intermunicipal) cooperation, subsidies, procurement, privacy and contract law.

What questions do municipalities have?

Many municipalities have actual investigations in the context of the 2015 Social Support Act and the Youth Act carried out by organisations outside the municipalities, such as community teams. What are the points of attention when setting up such an organisation? How does a municipal executive deal with the results of that part of the investigation?

Is it possible to deny a service under the 2015 Social Support Act or Youth Act if the client does not cooperate with the investigation? What steps does a municipal executive need to take and what points must be given special attention? What are the options (in terms of procurement law) when performing the tasks assigned to the municipalities? Does opting for subsidy exempt the contracting party from the obligation to invite tenders?

What about rulings from the Social Security Appeals Tribunal?

The Social Security Appeals Tribunal ruled on household support under the 2015 Social Support Act. Are these rulings also applicable to, for example, assistance and youth support? Support through assistance and youth support are forms of (customised) services that are different from household support. It is more difficult to carefully determine the scope of assistance, daytime activities and youth support in terms of hours and this can vary for each period. Do these services offer room to define them in terms of bandwidth hours or to give a more general indication of time?

What issues are essential?

Under the 2015 Social Support Act and the Youth Act, municipalities must issue a bylaw. The Social Security Appeals Tribunal sets limits for the delegation  of regulatory power. The essential issues must be arranged at the level of the municipal council. What issues are essential and when does a bylaw stand the test of the Social Support Act and the Youth Act? These questions are just a few of the issues at play regarding the 2015 Social Support Act and the Youth Act. Allow our Social Domain expert team to advise you. Pels Rijcken prefers to work on your matter with a team, because municipalities are best served by an integrated - multidisciplinary - approach and an overall picture.