Last updated: 2026-05-30

After an accident, you may suffer personal injury, for which you can receive smartengeld (pain and suffering compensation). Many victims wonder whether this damages affects their huurtoeslag (rent benefit) or other benefits. The good news is that smartengeld in many cases does not directly count as income. However, its treatment as bijzonder vermogen (special assets) can be important for your financial situation and the right to rent benefit.

Through Letselschadevordering.nl, we connect you with an independent, specialized personal injury lawyer who can tell you exactly how your specific situation will turn out when you receive damages.

Pain and Suffering Compensation and Rent Benefit: What Can You Expect from Your Damages?

Your smartengeld does not count as income for the income threshold of the rent benefit, zorgtoeslag (healthcare benefit), or the kindgebonden budget (child-related budget) at all, because such damages are not taxable income. The status of ‘special assets’ is specifically intended by the Tax Authorities to prevent the payment on your bank account from counting towards the asset threshold for benefits. However, if the smartengeld remains on your bank account for a long time, it can eventually count as assets for the asset threshold. A specialized personal injury lawyer from our network can advise you on this and help you arrange your damages in such a way that the impact on your benefit is minimal.

What is Pain and Suffering Compensation (Non-Material Damages)?

Smartengeld (Pain and Suffering Compensation) is damages for the ‘disadvantage not consisting of pecuniary loss’, in other words, non-material damages. This includes the pain, sorrow, fear, and loss of enjoyment of life that you experience as a result of the injury from an accident. It is an acknowledgment of the personal suffering inflicted upon you. Bereavement damages, compensation for the suffering of next of kin in case of serious injury or death, also fall under the broader category of non-material damages.

What Does the Law Say About Pain and Suffering Compensation and Benefits?

The law regulates the compensation of smartengeld in Pain and suffering compensation and social assistance

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