No part-time job, still student finance: court protects disabled European student

European students in the Netherlands are only entitled to student finance if they also have a part-time job. But what happens if they become temporarily unfit for work? A British student had to take her case all the way to appeal proceedings to obtain an exception.

A student from the United Kingdom was studying in the Netherlands and working alongside her studies. She received student finance, but suffered a serious accident. At first, she was completely unable to work, and later she gradually returned to work part-time.

The ministry applied a strict hourly requirement: the student had to work at least 24 hours per month, otherwise she would lose her entitlement to student finance. Incapacity for work was not considered a valid excuse.

The case has been ongoing since 2022. The student filed a lawsuit and won. The Ministry of Education had to acknowledge that incapacity for work was indeed a valid reason for not working. Nevertheless, the ministry appealed the ruling: after some time, the student had returned to work after all. So why was she not able to work 24 hours per month?

‘Not implausible’

But the student also won before the Central Appeals Tribunal. According to her own account, she was in severe financial difficulty and had returned to work ‘as best she could’, but the accident had left her with physical and psychological complaints.

According to the court, it is ‘not implausible’ that the student was able to work somewhat fewer hours than before. In addition, she had to travel to the United Kingdom several times ‘for check-ups, further examinations and a new operation’.

Moreover, she worked an average of 20 hours per month instead of the required 24 hours. The court ruled that the difference was too small to make an issue of. The student is therefore still entitled to student finance for the year 2022. The ministry must also reimburse her legal costs.