Release of medical hours restriction assistance | Free advice

Questioner

Release of medical hour restriction assistance In 2014-2015, the municipality had an occupational expert and medical investigation carried out. This investigation showed that there was a medical restriction of hours (usually carried out by UWV advice, now by another organisation). However, exemption from employment income medical hour restriction has never been applied. Upon inquiry, the municipality determined that the medical hours restriction cannot be applied because: 1. Article 31y only applies if you no longer work, but there is a decrease in work? 2. No official determination of a medical hour restriction is, but only the determination of the taxability for wage-forming work in that period. And with that no medical hour restriction has been determined. Do the above arguments have any legal basis? To what extent should the municipality have provided information about this process? To what extent should the participant have had knowledge of the matter or taken action regarding the medical hours restriction? Is it true that the municipality must automatically provide compensation if a measure is implemented late or not at all?

Lawyer

Article 31, paragraph 2, sub y of the Participation Act does indeed stipulate that there is a right to income exemption if the person entitled to social assistance has a medically limited number of hours. I advise you to request the municipality in writing to apply this income exemption from the moment that the number of hours was determined (the report from the UWV) and you received social assistance. If necessary, I can help you draft the letter.

Questioner

Thank you for your response. The argument of the municipality is that there is no official determination of medical hours restriction. The investigation was also carried out by another office instead of the UWV. The social assistance law makes it clear that UWV is an advisory body, from which the municipality can deviate. However, their explanation is that it has not been officially established. The research report shows that there is indeed a limitation on hours. However, the municipality states that this is only the determination of the ability to work for paid work and that there has never been an official medical limitation on hours. To date, they refuse to provide specific articles of law on which to base their ruling. They also refuse to make their procedure visible, how they should act. I am therefore curious whether the municipality can legally substantiate this and/or whether they have not been negligent and/or whether there is misleading information.