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Debt counseling in The Netherlands Albert Luten November 26, 2010
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National Institute for Budgetinformation Consumers information –Website –Leaflets, software –Call center –Press Professionals –Courses –Software
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Debt regulation Amicable debt settlement –Social banks –Social services –Others,.. Legal debt settlement –Court –Since 1999 > After three years a fresh start
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Repayment capacity Early nineties: 3 methods –Detailed budget method –Global budget method –‘Legal method’ > Unification was needed!
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1999 Legal phase All courts used the legal method But many differences in interpretation Sometimes large differences in outcomes
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Recofa Commission Develop one method / interpretation of the legal method Simply: it must work for 95% of the cases Develop software Maintain the method
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Law art. 475 d Not seizable income: –90% of the social minimum –Correction for rent –Correction for health insurance premium –Plus a ‘nominal amount’
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Social minimum In The Netherlands we have one social minimum: –1300 euro per month for a couple. –90% for lone parents –70% for singles Else: you have to make one: –Focusgroups (FBU, Un. of York) –Reference budgets –Other method: budget method
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Rent correction Rent700 Rent in social minimum 220 – Rent subsidy350 – Correction for rent:130 - with a maximum - service costs: partly
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Housing costs High rent: move or an extra (temporary) correction Own house: sell it or same correction as rented house Boarding money, children with an income
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Correction health insurance Total premium200 In social minimum 45 - Healthsubsidy 120 - Correction 35 Own risk: payed from the estate when used
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Legal part Total net income 1500 90% social minimum 1170 Corr. rent 130 Corr. health ins. 35 Total corrections> 1335 Repayment capacity 165
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Nominal part The judge is free to decide upon this The commission made rules for this part, so everybody is treated ‘equal’ Specific points: individual solution
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Corrections nominal part All costs that cannot be paid by the social minimum plus legal corrections: - Corrections for subsidies - Corrections for income earning costs - Other costs
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Corrections for subsidies Households with a minimum income have higher subsidies: correction for households in debt advice that are also on a minimum level, but with a higher taxable income Child allowance: say 120 at minimum, 80 with income 1500 Correction: 40
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Corrections income earning costs Standard 5% for people with work (stimulus) Travel costs Costs of childcare Car: depends Study costs: depends
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Other costs Costs of a handicap To visit a hospital... Not: Donations to f.e. church Transfers abroad
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Nominal part 5% extra for workers Extra rent costs Car Childcare Child allowance Study costs Alimony Handicap Other
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Income Only incomes that can be attached: wages, social benefits, tips, pensions, et cetera Not: child allowance, subsidies, orphan benefit
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E N D www.nibud.nl European Consumer Debt Network: ECDN http://www.asb- gmbh.at/ecdn/index.phphttp://www.asb- gmbh.at/ecdn/index.php www.referencebudgets.eu
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