Assistance with living expenses (Chapter 3 SGB XII)
Service description
In Germany, subsistence assistance is a means-tested social benefit to ensure the socio-cultural minimum subsistence level, regulated by law in the third chapter of SGB XII - Social Welfare. Alongside the citizen's allowance (SGB II) and basic income support in old age and in the event of reduced earning capacity (Chapter 4 of SGB XII), it forms the lowest level in the social security system.
Assistance with living expenses is generally available to persons who, due to illness, are likely to be
- are unable to work for more than six months
- at least three hours a day
- to be gainfully employed on the general labour market.
However, there must be no permanent full incapacity to work (less than 3 hours a day), as then the "basic income support in old age and in the event of reduced earning capacity" applies.
Special cases
Children under the age of 15 who do not live in a community of need with a person capable of earning and in need of assistance can receive assistance towards living expenses. This may include, for example, children who live with their grandparents or with a foster family.
Anyone who receives an old-age pension but has not yet reached the standard old-age pension can no longer receive benefits under SGB II according to the wording of the law. In these cases, you may be entitled to assistance with living expenses.
Which documents are required?
You will need to complete an application form.
You can obtain this application from your local social welfare office. The application must
- complete
- filled in truthfully
- signed by yourself
- dispatched or
- be delivered
- Suitable proof of identity (e.g. identity card)
- Proof of expenditure: Tenancy agreement or house charges (each with year of construction and size of the flat),
Current guideline values for the appropriateness of gross rents in the Saarpfalz district:
- Proof of gas/water/electricity bills, insurance policies (policies and premium invoices), e.g. household contents, liability, life, death insurance, any premium invoices for voluntary health and long-term care insurance, etc.
Proof of income, e.g. pension certificate, unemployment benefit II certificate, housing benefit certificate, payslip, etc. - Proof of assets: account statements for the last three months, savings books, fixed-term deposit accounts, securities accounts, extract from the land register, etc.
Depending on the individual case, additional evidence must be provided.
What deadlines do I have to observe?
Basic income support benefits begin when the application is submitted. This takes effect on the first day of the month of application.
Legal basis
§§ Sections 27 - 40 of the Twelfth Book of the Social Code (SGB XII)
Legal remedy
Appeals against the decisions of the competent social welfare organisations can be lodged within one month of notification.
Once the objection procedure has been concluded by a notice of objection, an action may be brought before the Social Court within one month of notification.