Pro deo after dismissal or income loss: which financial route fits?

Pro deo after dismissal or income loss: which financial route fits?

You may now earn less while the Council still uses older tax data for an application. That difference can be important for your lawyer's fees. At the same time, assess what needs to be done in the employment case: a financing request does not monitor a dismissal or salary term.

Current payment capacity and tax year income are different data.

An income decrease can be a reason to investigate reference year adjustment.

Make a separate arrangement about urgent actions in your employment case.

1. Determine the employment law step

Have you received a dismissal letter, settlement agreement, salary stop, or request from the judge? Note which document it is and which date is mentioned. Have the legal term assessed immediately. In employment cases, short expiration terms may apply; a conversation about subsidy is not a procedural act.

Ask at the first contact if the office can investigate both the content and the financing. Mention an upcoming response or hearing date. Agree on who acts if the decision granting subsidised legal aid (toevoeging) has not yet been decided. For the substantive dismissal question, you can start at [dismissal](guide:ontslag); this guide is about the financial trajectory.

2. Why older data is still used

In a regular application in 2026, the Council usually uses the tax income and assets of 2024. The current household situation can also be important. Therefore, this month's net salary is not directly the amount with which the Council decides.

Check the assessment and the year on the decision granting subsidised legal aid (toevoeging). Ask if the data used is correct and if the household standard matches. Someone receiving less salary but earning income elsewhere still needs a complete annual picture. See the [financial explanation of the Raad](https://www.rechtsbijstand.nl/mediation-rechtsbijstand/hoeveel-betalen/eigen-bijdrage/) for the differentiated data.

3. When to investigate reference year adjustment?

With a high personal contribution, the Council initially mentions an income decrease of at least 15%. In case of rejection due to too high financial capacity, that condition does not apply in the same way: then it is assessed whether the current financial data fall within the applicable limits. Assets also remain relevant.

According to the Council, the request must be received within six weeks of the first decision. With the lowest personal contribution, reference year adjustment is not a route to further reduce that contribution. Use the [explanation for the correct application year](https://www.rechtsbijstand.nl/mediation-rechtsbijstand/hoeveel-betalen/peiljaarverlegging/toelichting-verzoek-peiljaarverlegging/) and agree on who submits and checks the receipt.

4. Make an annual forecast with sources

Set aside salary before dismissal, salary during a notice period, expected benefit, and any other income. Note the period, type of amount, and source for each item. A possibly receivable amount is not yet a definitive tax data. Have it assessed how the relevant item should be processed in the official form.

Illustrative: someone who stops working in June cannot solely use the October benefit times twelve as annual income. The salary from the first months can also be important. The example is a warning against an incomplete calculation, not a tax calculation rule for all types of income.

5. Keep a dismissal compensation as a separate visible question

A possible dismissal compensation can raise questions about both the financial year and the outcome of the case. Those assessments have their own purpose and rules. Have the lawyer explain which information is needed at which stage; do not deduct the compensation completely on your own initiative or add it everywhere without explanation.

Read [dismissal compensation and outcome assessment](guide:ontslagvergoeding-toevoeging-resultaat). An employer's contribution for advisory costs also requires a separate arrangement; see [settlement agreement, pro deo, and employer's contribution](guide:vso-pro-deo-werkgeversbijdrage). This way, it remains clear which amount is salary, compensation, subsidy, or payment by a third party.

6. Discuss affordability and the later control

A request for reference year adjustment does not automatically suspend the office's invoice. Therefore, also ask for a payment arrangement and a budget of other costs. Court fees or a possible litigation cost risk require separate attention. The [cost information from the Judiciary](https://www.rechtspraak.nl/onderwerpen/ontslag/kosten) helps with that inventory.

Keep the estimate, submitted documents, and the decision. When the Tax Authorities later establish final data, re-evaluation can have consequences for the contribution or the right to subsidy. Ask how to forward a new letter and who handles the further response. A successful technical income test does not replace that assessment.

Dismissal, salary, or process document with the next date.

Tax data of the year used.

Substantiated annual forecast with salary and benefit separately.

Agreement on submission, payment, and term monitoring.

Is every lawyer free after dismissal?

No. Free initial advice, subsidised treatment, and paid assistance are different routes. Have the conditions and costs explained in advance.

Can I wait until the Council has decided?

That does not only depend on financing. The employment law term may expire earlier. Have it agreed immediately which step is needed.

Is a monthly benefit my tax annual income?

Not automatically. The whole year and the correct tax data must be involved.

Sources and editorial notes
Sources current as of: October 28, 2026
1. Raad voor Rechtsbijstand — personal contribution, income, and assets
Publisher: Raad voor Rechtsbijstand
https://www.rechtsbijstand.nl/mediation-rechtsbijstand/hoeveel-betalen/eigen-bijdrage/
2. Raad voor Rechtsbijstand — explanation of reference year adjustment request
Publisher: Raad voor Rechtsbijstand
https://www.rechtsbijstand.nl/mediation-rechtsbijstand/hoeveel-betalen/peiljaarverlegging/toelichting-verzoek-peiljaarverlegging/
3. Raad voor Rechtsbijstand — consequences of financial re-evaluation
Publisher: Raad voor Rechtsbijstand
https://www.rechtsbijstand.nl/krijg-mediation-rechtsbijstand/hercontrole-inkomen/gevolgen-hercontrole/
4. Judiciary — costs of a dismissal procedure
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/ontslag/kosten
5. Raad voor Rechtsbijstand — application by lawyer or mediator
Publisher: Raad voor Rechtsbijstand
https://www.rechtsbijstand.nl/mediation-rechtsbijstand/gesubsidieerde-mediation-rechtsbijstand/aanvragen/
The source publications are in Dutch. All language editions cover Dutch law.