The municipality of Amsterdam may not exclude students by definition from the right to the energy allowance that will be introduced in 2022. This was determined by the court of Amsterdam on Tuesday in a case brought by a student.
The allowance is officially intended for households with a low income, the so-called minimum income. The municipality regards minimum wages and students as two separate categories. However, according to the court, the municipality cannot sufficiently substantiate that distinction. This does not mean that the student who brought the case will now also receive the allowance. To do so, he must also meet other conditions.
What the ruling means for other students in the city is also unclear. The municipality of Amsterdam has not yet responded to the ruling. After a similar court case in the municipality of Nijmegen with the same verdict, the municipal council there decided to open the allowance scheme to all students, subject to certain conditions.
Dutch people with a low income can apply for an energy allowance of 1,300 euros from their municipality in 2022 to compensate for the increased energy prices. In many municipalities, students cannot apply because they officially fall outside the ‘minima’ category. Basically that is national policy. This is because many students still live with their parents and for others the energy costs are included in the room rent. Students can apply for individual special assistance.
Previous lawsuit
Based on this national policy, Amsterdam also makes a distinction between minimum wages and students and therefore rejected the energy allowance application of 24-year-old student Melle van der Geest. But he went to court to get the surcharge. That court now rules that “young people aged 21 and older who are at the beginning of their career and receive a starting salary of just above the minimum wage” are also entitled to the allowance, provided they meet a number of other conditions. For example, if a student earns more than 120 percent of the minimum wage, he will not be entitled to the energy allowance.
Last August, a student in Nijmegen also went to court because he disagreed with the municipal policy, which was also designed on the basis of advice from Minister Carola Schouten (Poverty Reduction, ChristenUnie). The judge also ruled that the municipality made an “unjustifiable” distinction between minimum wages and students. Poverty aldermen called on Minister Schouten and Minister Robbert Dijkgraaf (Education, D66) in an urgent letter to let DUO arrange energy compensation for students, because that body has all relevant information about students. The politicians did not respond.
Students in Delft, Tilburg and Zwolle, among others, may already be eligible for the allowance.
A version of this article also appeared in the newspaper of February 15, 2023