Legal problems as a student
The majority of students are young and are more likely to make mistakes as they grow and learn. Students can sometimes run into liability claims against them, and it is important to have the right type of cover to support the process.
Types of legal problems for students
Students face a whole host of potential legal problems, much like any other type of person. Although it is unlikely that you need to use your legal expenses insurance, it does give peace of mind to have it just in case, as it would be costly to face a legal problem without professional assistance. The following are some of the potential legal problems a student could face.
Tenancy law problems
In most cases, students have no problems when renting a room in the city where they study. Sometimes though, there are disputes with the landlord to contend with. This could be that the landlord refuses to carry out maintenance work and repairs, or the landlord wants to terminate the lease and the student disagrees. Good legal expenses insurance helps.
Read more about tenancy law and the special situations in which students may find themselves.
Education law in the Netherlands
Young people in the Netherlands have a constitutional right to education. This concerns, for example, the correct examination of students, the right to be admitted or not to a study program or the right to proper internship supervision. If things go wrong, the educational institution may be liable or it is possible to challenge a decision.
Education Executive Agency (DUO)
The Education Executive Agency (DUO), is the executive body that implements various education laws and education regulations for the Ministry of Education, Culture and Science.
DUO is responsible for:
Providing student finance and allowances for school costs
Collecting student debts and tuition fees
Organizing various exams
Supplementary grant
If the parents of the HBO (Higher Vocational Education) or university student can contribute little or nothing to the course funds, the student may be entitled to a supplementary grant from DUO. The figure depends on the income of the parents, whether there are siblings with a grant, or siblings being cared for at home, and a range of other factors.
The supplementary grant only becomes a gift for HBO and university students if they obtain their diploma within the 10-year diploma period. Which part becomes a gift depends on the degree obtained. If the diploma is not obtained, it will be repayable in the coming years (including interest).
Additional scholarship and parental problems
If the relationship between student and parents is fraught or non-existent, it might not be best to take into account the parents income. In these cases, a student can submit a request to exclude their parents and include supporting documents.
The cooperation of the parents is always required
If the parents do not want to cooperate and do not want to share data, the supplementary allowance can only be granted as a loan
In that case, the additional condition is that the student is away from home
A statement must be completed by the student
This statement must also be signed by the dean
Lifelong learning credit
The government encourages lifelong self-development. That is why it is still possible for those who are no longer entitled to regular student finance to borrow money to finance higher education.
The following conditions apply:
It must be a full-time BOL course at MBO or a dual, part-time or full-time course at a university or HBO (including modular education)
The training followed must be BRON-recognised and registered and must be followed in the Netherlands (with the exception of the Caribbean Netherlands)
The student must be Dutch, Swiss, EU/EEA citizen or have a residence permit (note: not automatically sufficient for a residence permit type I)
The student may not be entitled to regular student finance and the tuition or tuition fees may not be reimbursed by someone else (e.g. an employer or a friendly neighbour)
The student must be 30 or older and under 56 years of age
No more can be borrowed than the tuition or tuition fees owed
Accommodation costs, travel expenses, study materials, textbooks, etc. will not be reimbursed
Once the training ends, the lifelong learning credit must be repaid over a maximum period of 15 years.
Student debt
DUO is not only responsible for granting student finance, but also for collecting repayments. Such student debts can be repaid over a period of 15 to 35 years. In the event of financial problems, it is possible to request a temporary reduction or suspension of repayments:
Reduce monthly repayment when your income reduces - the reference year for DUO is the income of 2 years ago (this can be deviated from if a relationship is ended). There must be a combined decrease in income of 15%.
Maximum 60 repayment-free months - this can be requested without the need for supporting documentation. Please note: the interest will continue to accrue and the maximum repayment period will be extended.
Temporarily suspend the repayment - this is only if the recipient starts to study again.
Cancellation of student debt
There are certain situations where student debt is cancelled, including:
In the event of death (the student debt is not transferred to any heirs)
Once the repayment phase has ended (15 or 35 years depending on the applicable system) if the student had too little income to fully pay off student debts in time
On medical grounds in exceptional circumstances
For students who did not obtain their diploma within 10 years, but who have applied for cancellation for low income reasons within 4 years of receipt of the student grant
Unexpected bill from DUO
Sometimes, a student might receive an unexpected, expensive bill from DUO. There are a few reasons this might be the case, including:
A student has received too much student finance at the time
The student has stopped their studies too early
DUO will always settle the debt if possible, and if not, a payment request is sent out. This can be paid in full, without interest, or the debt is converted into a loan where interest will apply.
If you believe that the student debt has been calculated incorrectly you have six weeks in which to appeal. Always get expert assistance when drafting the notice of objection. Good
Does the person concerned believe that the student debt has been calculated incorrectly? Then he or she must object to the determination decision within six weeks. It is recommended to be assisted by an expert when drafting the notice of objection. A good legal insurance is therefore important.
Public transport fines
Students in full-time education at university, HBO or MBO can gain access to a travel pass. A student travel product is a loan that must be repaid if the student does not obtain their diploma within 10 years. Otherwise, it becomes a gift. A fine of 75 Euro per half month in the first month and 150 Euro per half month thereafter is issued should a person continue using a student travel pass when they are not entitled. DUO carries out regular checks.
The public transport fines are not added to the student debt. This means that in principle it can be paid in one go and is not automatically converted into a loan. However, the traveller can apply for a payment arrangement or the public transport fine can be settled with the current student grant.
Disagree with DUO?
Decisions made by DUO for current and former students are certainly not always positive. It is usually possible to lodge an objection. Only when it concerns a decision for which an objection has already been lodged is an objection not possible. An objection can be submitted if:
According to DUO, the student has earned too much extra
An application to DUO has been rejected
According to DUO, the student has wrongly received a grant for living away from home
There is a (public transport) fine from DUO in the mail
The person concerned does not agree with a different decision of DUO
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Binding study advice in higher education (BSA)
At the end of the first year of study, a college or university can sound a warning of a student’s performance. If the study program is not running smoothly and the student has insufficient credits, the educational institution can then oblige the student to stop the study programme. However, this is only possible if no special circumstances apply. If the student disagrees with the decision they can lodge an objection.
Situations in which a student can use legal expenses insurance
Students often think that legal expenses insurance is not useful to them. However, there are a number of practical situations that prove the benefits of legal expenses insurance.
The student disagrees with a grade
If a student does not agree with the result of an exam, paper or thesis, they can take action against it. The most important thing is, of course, to start a conversation with the examiner first. Perhaps it was a mistake and the examiner wants to make some adjustments? If that is not the case, an appeal can be lodged with the CBE. This must be done within six weeks of the announcement of the grade.
To lodge an appeal, the student must draw up a notice of appeal and send it to the CBE. In this letter of appeal, the student must indicate why they do not agree with the mark that was awarded.
Get a reprieve for the expiration of grades
Since 2017, study results only expire when the tested knowledge is outdated. Within medical studies for example, it is often quickly assumed that the knowledge is outdated. Such a situation is of course problematic for students who need a little longer to obtain their diploma.
However, a student does not have to agree to the cancellation of study results. They can submit a request to the Board of Examiners to extend the study results. In that case, the student must demonstrate why, in their opinion, the knowledge is still relevant and not outdated. In addition, the student must indicate which personal circumstances prevented the diploma from being obtained on time.
Oppose making study costs compulsory
Some educational institutions have a lot of compulsory study trips, and the cost of these can stack up and be very expensive, especially if there are study trips abroad that count towards a few credits. Not every person can afford these extra costs. Some items (such as a lab coat) come with expectations that a student will buy them, but a study trip abroad cannot be expected.
They can ask the educational institution to offer them a free alternative so that they can still earn their credits. If the educational institution does not take action, the student has two options:
Challenge the policy of the educational institution
Do not proceed to payment, do not go on the study trip and receive a grade of 1. Subsequently lodge an objection or appeal against this
Student finance problems
MBO students are entitled to student finance from the age of 18, just like students who study at a university or college (regardless of age), until a person has a sufficiently high income. For example, a Wajong benefit counts. If the limit is exceeded the student must repay the student grant and the cost of the public transport card they have used. If there is no reason to reclaim the student grant, it must then be repaid monthly after the study over a period of 15 years, with interest.
With regard to student finance, some points of contention may arise. For example, a student may disagree with the amount of the public transport debt or with the decision not to award student finance. The student can object to this but must do so within six weeks of the decision. If you disagree with the decision you have another six weeks to appeal. Legal expenses insurance is highly recommended for these instances, as you will require legal assistance.
Disagree with a decision by the Executive Board
If a student does not agree with a decision of the Executive Board, for example not to enrol the student, it is possible to lodge an objection. The student must submit a notice of objection to the Executive Board, with the reasons why they do not agree with the decision.
The Disputes Committee will then review the situation and issue a recommendation. Sometimes the Disputes Committee also checks whether an arrangement can be made between the student and the Executive Board. The Executive Board has a maximum of ten weeks to make a decision. If the student disagrees, they can lodge an appeal with the formerly known CBHO, now called The Council of State.
Request to take missed course units
Study delay can have adverse consequences (such as previously achieved results expiring), and there could be several legitimate reasons why a student has missed study. If there is such a risk, the student can submit a request to be allowed to take certain missed course components in order to limit the study delay. The board will decide whether the special circumstances are just and if the study units can be taken or if the request should be rejected (which the student has the right to appeal).
Frequently asked questions about legal problems for students
As a student, am I automatically co-insured on my parents' legal expenses insurance?
No. Adult students must take out their own insurance, just as is the case for health insurance. However, it is possible to have the student co-insured through the parents' legal expenses insurance. This is often also financially more interesting than your own legal expenses insurance.
What does the legal expenses insurance cover?
The legal assistance insurance reimburses the costs incurred in the context of legal transactions. This can be in kind (lawyers of the insurer) or in money (available amount for a lawyer of your choice). Each insurer applies its own conditions and restrictions, which of course does not make comparing legal expenses insurance any easier. It is often necessary to check which modules are interesting or not for the student. By default, legal assistance insurance almost always covers claims, conflicts with the government, contractual disputes, personal and family law (less interesting for students) and criminal cases where there is no intent. As far as the optional covers are concerned, the living cover (e.g. problems with the landlord of the room), the traffic cover (covers all legal disputes that arise in traffic, i.e. also if the student rides a bicycle) and the work cover (e.g. legal dispute about the dismissal from the student job) interesting.
Is there a waiting period for legal expenses insurance for students?
Yes. There is a waiting period where the student cannot make a claim. The insurer is sure that the student will not take out legal assistance insurance if there is a conflict on the horizon. The waiting time differs from insurer to insurer, with an average of 6 to 15 weeks.
Can I get free legal advice as a student?
Some colleges and universities offer the opportunity to obtain free legal advice internally. This often involves students who are following legal training. An example of such an initiative is the Legal Student Counter at Hogeschool Utrecht. In addition, students can also appeal to the National Student Law Office, where students also work to issue initial advice free of charge. For complex questions, it is almost always advisable to call in professional help. The student receives the correct support through the legal expenses insurance.
Does my legal expenses insurance also cover legal conflicts abroad?
There are major differences between insurers, but cover is usually limited to the Netherlands itself. Some insurers sometimes also offer cover in Europe, for example in the event of disputes about holiday homes abroad. Extra coverage may be added for studies abroad. There are also special legal expenses insurance policies that have been designed just for foreign countries, for example for expats.
Do I have to report my student debt to lenders?
Yes. The student debt is not registered with the BKR (Credit Registration Office), but it is mandatory to pass this on to the lenders. Failure to report student debt can have far-reaching consequences. One can even lose the NHG (National Mortgage Guarantee).
Does my student loan affect my mortgage?
Yes. Banks determine the borrowing capacity based on income and expenditure. Student debts are taken into account on the expenditure side. The bank assumes that the fixed charge for the student debt is 0.45% (repayment obligation started from 1 July 2015) or 0.75% (before 1 July 2015) of the original student debt.