Your income fell: reassessing the legal aid reference year

Criminal Law in the Netherlands.

You apply for government-funded legal aid and your income has decreased. Discuss with your lawyer whether a reference year change is possible. Your current bank balance alone does not determine the full assessment.

Check which income and asset data the assessment is based on. Also check which personal situation was used. Ask for an explanation if the information does not match your circumstances.

Collect documents about work, benefits, business income and important changes. An estimate of the current year must be substantiated. Also report uncertainties and possible new income.

Change of reference year and objection to an incorrect decision are different routes. Sometimes both need to be looked at. Ask which request or response is appropriate and what deadlines apply.

The income estimate used can be checked later. Save the information on which your request is based and report any relevant changes. A favorable preliminary assessment is not automatically definitive.

Discuss who will carry out the application and what cost agreement applies in the meantime. Also have it recorded who monitors current deadlines in the criminal case. A financing request does not automatically stop this procedure.

Read the full explanation on the Criminal Law in the Netherlands website.