Request: You must submit an application for benefits for your basic security. In principle, these benefits are not paid out for periods before the application is submitted. You should therefore submit the application to the job center as soon as possible. You can submit your application informally, i.e. in writing, by telephone, digitally or in person. In any case, you still have to submit the required documents.
Incapacity for work: In the event of incapacity to work, you will retain social security protection and will receive benefits in the amount of the unemployment benefit II (ALG II) paid so far. If you become unable to work after submitting your application or while receiving basic security benefits, you are obliged to report your inability to work immediately and to enclose a medical certificate stating the inability to work and its expected duration. If the incapacity for work lasts longer than initially certified by the doctor, you must prove this by means of a further medical certificate. If you are able to work again, please also inform us immediately.
Payout: The livelihood security benefits are paid in advance for each month of the need for assistance. Each full month is calculated with 30 calendar days. If the benefits are not available for a full month, 1/30 of the monthly benefit will be paid for each day at the beginning of the month and when the benefit entitlement no longer applies. The job center also ensures that you can access the payment amount on the first working day of the current month. However, the job center has no influence on possible delays such as delayed crediting of your account or delayed delivery of payment instructions for settlement. When you can expect to receive the first transfer also depends on when you hand in the application documents. The application will be processed as quickly as possible, but a certain amount of time is necessary. You should therefore submit your application and the associated documents as early as possible and in full. Only then can you start processing your application.
Community of needs: The community of need can usually be equated with the family.
It includes:
- the employable beneficiaries,
- the parents living in the household or the parent living in the household of an unmarried workable child who has not yet reached the age of 25, and the partner living in the household of this parent,
- as a partner of the employable beneficiary – the spouse who is not permanently separated, – the civil partner who is not permanently separated, – a person who is in a joint with the employable beneficiary Household lives together in such a way that, after reasonable appreciation, it can be assumed that there is mutual will to bear responsibility for one another and to stand up for one another.
- the unmarried children under the age of 25 belonging to the household belonging to the persons named under 1. – 3..
- Children under the age of 25 do not belong to their parents’ benefit community if they can cover their needs with their own income or if they have a child themselves. In these cases, they form their own community of needs together with their child. If the parents are not able to work, they still form a community of needs with their children under the age of 25 if at least one child is able to work – i.e. at least 15 years old.
data protection
Integration agreement: In an agreement between you and your integration specialist / your case manager in the job center, you will find out how your integration into work will be achieved. This so-called integration agreement defines how you will participate in this project. The legally prescribed integration agreement should be concluded for a period of six months, adjusted if necessary and updated after the agreed time has elapsed.
Income: Unemployment benefit II and social benefit are only paid to those who cannot, or cannot adequately, secure their own livelihood and that of the relatives living with them in a benefit community on their own. Therefore, above all, the income and assets of all members of the benefit community are taken into account under certain conditions. Therefore, the income situation of the other people living in the household is asked in the application as well as the declaration of income and certificate of earnings. You can find out who belongs to your benefit community under the entry on the term “benefit community”.
Income includes, for example, income from:
- a non-self-employed or self-employed activity,
- Compensation payments such as unemployment benefits or sick pay,
- Capital and interest income or
- Income from renting and leasing, maintenance, child support, pensions and income from share ownership.
Employable: Anyone who is at least 15 years of age but not yet 65 years old and can work at least three hours a day under the usual conditions of the general labor market and is not prevented from doing so for the foreseeable future due to illness or disability is able to work. You are still considered to be able to work, even if you cannot be expected to be able to work temporarily – for example because of bringing up a child under the age of three or because you are still going to school.
GEZ fee exemption: The new broadcasting fee is based on solidarity, because anyone who receives certain state social benefits depending on their income can apply for exemption from the fee: For example, those who receive unemployment benefit II, social assistance, basic security or BAföG can apply for exemption from the broadcasting fee with proof of the relevant authority.
In need of help: You are in need of help if you cannot, or cannot sufficiently, secure your own maintenance needs, your integration into work and the maintenance needs of the people living with you in a benefit community with your own efforts and resources. It is assumed that you use your manpower, take up a reasonable job, use your own income and assets and the income and assets of your partner and assert priority claims to social benefits and claims to maintenance benefits.
Healthcare: While you are receiving unemployment benefit II, you are in principle compulsorily insured in statutory health insurance and social long-term care insurance, if no family insurance is possible. The job center pays the flat-rate health and long-term care insurance contributions in the amount stipulated by law. The job center will generally register you with the statutory health insurance company with which you were insured for health and long-term care prior to your withdrawal. Please note: In special cases there may be deviations from the above explanations.
Start of health insurance: The job center will only insure you if the requested benefit has also been approved. The insurance generally begins retrospectively on the first day for which you receive benefits. You should pay particular attention to this if there is a delay in submitting your application or if it takes longer to process your application. If you have to make use of the benefits of the health insurance company during this time, you should make an agreement with your health insurance company on provisional insurance cover for yourself and your relatives. If you receive unlawful benefits, you will have to reimburse your job center for the health and long-term care insurance contributions in addition to the overpaid benefits.
Services: The basic security benefits for jobseekers include benefits in kind, services such as information, advice and support from a contact person in the job center, and cash benefits that are intended to integrate the employable needy person into work and secure their livelihood, including those living in their community of need.
Duration of benefits: Unemployment benefit II is paid indefinitely if the eligibility requirements such as the need for assistance are given permanently. In order to be able to check this need for assistance, the benefits are only granted for a period of six months. If it is already evident when submitting the application for unemployment benefit II that the need for assistance is only of short duration, the approval period will be shortened accordingly.
Abuse of performance: Abuse of services is detected, vigorously pursued and punished using modern methods of electronic data processing – also in comprehensive cooperation with other authorities and job centers – in order to protect the taxpayer community.
Additional requirements: The term additional requirements stands for additional costs that are not covered by the so-called control benefit. These costs can be covered in the form of lump sums under certain conditions – for example for expectant mothers from the 13th week of pregnancy, for single parents depending on the age and number of children, for disabled people or for a special diet if a more expensive diet for medical reasons is demonstrably required.
Reporting obligation: During the time for which you are claiming basic security benefits for jobseekers, you are obliged to report personally to your job center and, if necessary, to appear for a medical or psychological examination if you are asked to do so. Such a request can also serve to prepare decisions in the performance procedure and to check the performance requirements, i.e. the need for assistance. The job center can determine that the request to report illness continues on the first day of work capacity. Then you are obliged to report personally on the first day of your ability to work. This reporting obligation also applies during an objection or legal action for the period for which you are applying for or have applied for benefits. If you are unable to attend, please inform your job center immediately and also state the reason so that there are no sanctions.
Cooperation and notification obligations: In order to be able to check and determine your entitlement to benefits, your cooperation is required. You must state all the facts that are significant for the performance and that are queried in the application form. If information from third parties is required, you must agree to the information being provided by these persons. If evidence such as documents or evidence is required, you must name them or submit them yourself. In addition, you are obliged to notify us immediately and without being asked of any changes that arise later to the information you have provided. Only in this way can benefits be paid in the correct amount or overpayments avoided. This also applies if changes occur that can have a retroactive effect on the benefit, for example the retroactive approval of a pension.
You must notify us immediately if you take up a professional activity – also as a self-employed person or a family worker. Do not rely on any promises made by others to announce your employment. You are solely obliged to do this yourself. Even if you are unable to work and if you are able to work again, if you apply for or receive maternity allowance or similar benefits, if you apply for or receive pensions of all kinds, in particular a pension for reduced earning capacity, or if your address changes – please inform us immediately .
If you get married, enter into a marriage-like union or partnership or if you separate from your partner, you must report your income or assets or the income or assets of your spouse, partner or life partner and relatives in the Community of benefits changes, you or your spouse, partner or life partner are credited with income from assets (e.g. interest, dividends) or tax refunds.
Please also note that in the case of a contract for new accommodation, the assurance of the responsible job center regarding the amount of the expenses for the new accommodation must be obtained from the job center beforehand.
Please notify us of any changes immediately and ensure that your information is complete and correct. It is particularly in your interest to observe these obligations to cooperate. If you provide incomplete or incorrect information or if you fail to notify changes or notify them immediately, you may not only have to reimburse unjustly received benefits, but you may also be committing an administrative offense or criminal offense. The same obligations also apply to the members of the benefit community or the legal representative. The obligation to notify members of the benefit community can also be carried out by the representative of the benefit community.
Location absence: Beneficiaries who receive unemployment benefit II from the job center should speak to their employment agency before starting their journey or when they are absent from the job center and have this approved.
The law obliges recipients of unemployment benefit II to coordinate this with the job center as to whether and when they can take vacation and take advantage of local absences. Approval is only possible if, in all probability, a placement in work or participation in professional training is not possible during this time. If the previous notification is not made, the services have been wrongly drawn and will be reclaimed or payment will be suspended if an invitation has not been complied with during this time. The legislature has linked not only rights but also obligations to the receipt of wage replacement benefits. This also means that absence from the location must be approved. The job center can continue to pay unemployment benefit II for a total of three weeks a year. Anyone who cannot be reached for another three weeks will no longer receive any money for this time. In this case, a new application for unemployment benefit is not required after the trip. The period of three weeks with money and three weeks without can be taken in several sections within a calendar year. Anyone who travels longer than six consecutive weeks from the outset cannot receive any money for the entire period.
P account: P-Account is the abbreviation for “Pfändungsschutzkonto”. It is a normal current account in which a special agreement between the customer and his bank provides protection against seizure for account balances that is specified in more detail in the law.
Garnishment: The benefits for securing livelihoods are usually non-attachable and therefore cannot be transferred or pledged. If the service to which you are entitled is transferred to an account at your financial institution, the payment amount can only be seized or offset against a claim from your financial institution seven calendar days after it has been credited. The bank must pay you the benefits within this period.
Sanctions: In addition to the principle of promoting, the principle of demanding is equally important. You are therefore obliged to take specific steps to remedy your need for assistance. So you must endeavor to end your unemployment and actively participate in all measures that support this goal. If you fail to meet these obligations for no good reason, this will result in far-reaching sanctions in the form of cuts or even the loss of benefits. This also applies in the event of further breaches of duty, such as the termination of a reasonable integration measure or failure to report a request.
Social allowance: People who are not able to work and who live with a person who is able to work or who are entitled to benefits in a community of need, receive social benefits as long as they are not entitled to benefits under Book XII of the Social Code (SGB XII). Eligible are also recipients of pensions due to partial or full reduced earning capacity for a limited period. Members of a benefit community who receive a permanent pension due to full disability or who have already reached the standard retirement age are not entitled to social allowance. The services include the standard need, additional needs and the need for accommodation and heating. The amount of social benefit is identical to that of unemployment benefit II.
Move: In the event of a move, the cost of obtaining the apartment, moving costs and the rent deposit can be granted. To do this, you must obtain the job center’s assurance before concluding the rental agreement. This is usually granted when the move is necessary and the cost of the new accommodation is reasonable.
Capital: Wealth is the totality of a person’s goods that can be measured in money – regardless of whether the wealth is available in Germany or abroad. This includes cash, (savings) assets such as securities, building society savings, shares and fund shares as well as receivables, movable assets, house and real estate as well as other real rights to real estate. In principle, your own realizable assets and the assets of the relatives living with you in the benefit community must be considered.
Assets can be used if they are used for subsistence or if their monetary value can be made usable for subsistence through consumption, sale, loan, renting or leasing.
Assets that the owner may not freely dispose of – for example because the asset is pledged – are not realizable.
Further authorization application: Benefits according to SGB II are generally approved for 12 months. If the need for assistance continues beyond this period, an application for further approval is required, which can be approved from the date of application at the earliest. This application for further approval will be sent to you around 4 weeks before the end of the current approval phase. If you have not received a letter of termination by post with a new application for further authorization, please ensure that you obtain the application form for further authorization yourself. The application must be completed or submitted to the responsible location in good time before the end of the last approval period.
If you submit your application late (after the last approval period has expired), you will not receive any benefits in the meantime. You should therefore submit your application for further authorization as early as possible!
Contradiction: If you do not agree with a decision made by your job center, you can file an objection within one month of the decision being announced. The objection must be submitted in writing to the job center or declared there personally to be recorded. It causes the decision to be checked again.
If your objection cannot be remedied or not in full, you will receive a written notice of objection against which you can file a lawsuit. You can find out which court, within which period and in which form the action is to be submitted in the information on legal remedies provided with the notice of objection. In the event of a lawsuit, your job center must generally send the full performance documents to the social court. Medical and psychological reports in these service documents are only excluded from being sent if you have expressly objected to their being sent. Objections and lawsuits have no suspensive effect.
Reasonableness: If you receive basic security benefits for jobseekers, you are also obliged to accept any job that you are able to do. Statutory exceptions are, for example, if the exercise of a job would jeopardize the upbringing of a child under the age of 3, is not compatible with caring for a relative, care cannot be ensured in any other way or there is another important reason. A remuneration below the tariff or below the customary remuneration is not unreasonable, as long as the remuneration does not violate the law or the morality. In addition to these exceptions, the following applies: Your personal interests must take precedence over the interests of the general public.