Recourse under the Twelfth Book of the German Social Code (SGB XII)

The area of responsibility of the Recourse SGB XII division includes the following topics:

Maintenance collection according to § 94 SGB XII

In accordance with § 94 Para. 1 SGB XII, the maintenance claim of the person entitled to benefits for the period for which benefits are paid is transferred by law to the social welfare provider up to the amount of the social welfare expenses paid, together with the right to information under maintenance law, so that maintenance recourse on the part of the recourse department is possible in the following case constellations.

1. Child maintenance with regard to underage children (in cases of kinship care or assistance with living expenses) in accordance with §§ 1601 ff. BGB
2. Separation maintenance (spouses living apart) pursuant to §§ 1360 ff. BGB
3. Post-marital maintenance (divorced spouses) pursuant to §§ 1569 ff. BGB
4. Parental maintenance or child maintenance towards adult children in accordance with §§1601 ff. BGB

Since the so-called Relatives Relief Act came into force on 1 January 2020, it has only been possible for parents to claim maintenance from their adult children or children from their parents in accordance with Section 94 (1a) SGB XII if the total annual income of the person liable for maintenance within the meaning of Section 16 SGB IV exceeds € 100,000.00 (annual income limit).

Assertion and transfer of claims under civil law in accordance with § 93 SGB XII

This includes, in particular, the assertion of a gift repayment claim in accordance with § 528 BGB due to the impoverishment of the donor within ten years of the gift being made.

Reclaiming and securing in rem assistance granted as a loan in accordance with Section 91 SGB XII (generally for property not protected in accordance with Section 90 Para. 2 No. 8 SGB XII)

In the event that assistance is granted in the form of a loan, an application is usually made to a notary's office for the registration of a maximum amount security mortgage/land charge or the execution of a
pledge of inheritance shares to secure the loan repayment claim of the Saarpfalz district and this is notarised by the notary.

Repayment of the loan is due upon receipt of the purchase price as a result of the sale of the property or cessation of the need for assistance, but at the latest upon the death of the
recipient of assistance.

Assertion of a claim for reimbursement of costs against heirs in accordance with § 102 SGB XII

In accordance with Section 102 SGB XII, the heir of the person entitled to benefits or their spouse or partner, if they die before the person entitled to benefits, is obliged to reimburse the costs of social assistance, subject to paragraph 5. The obligation to reimburse costs only applies to social assistance costs that were incurred within a period of ten years prior to the inheritance and that exceed three times the basic amount pursuant to Section 85 para. 1 SGB XII (in 2025: €3,378.00) (= deduction from the benefits).

Furthermore, a claim for reimbursement of costs can only be asserted against the heirs if the amount of the estate is more than three times the basic amount in accordance with Section 85 (1) SGB XII (in 2025: €3,378.00) (= deduction from the estate).

However, the assertion of a claim for reimbursement of costs is excluded for basic security benefits in old age and in the event of reduced earning capacity in accordance with § 102 Para. 5 SGB XII.

Please contact us if you have any further questions. Personal consultations are generally possible by prior appointment by telephone.