Definition and Significance of Assistance for Subsistence
Die Assistance for Subsistence is a central social law benefit of social assistance in Germany and provides existential support for individuals whose necessary subsistence cannot be covered by other means. It is regulated in Book Twelve of the Social Code (SGB XII) and is aimed in particular at people who cannot secure their livelihood either from their own income, assets, or through priority social benefits (such as basic security benefits for jobseekers or basic security in old age).
Legal Foundations
Statutory Basis
Assistance for subsistence is regulated in Sections 27 to 40 SGB XII and constitutes an independent benefit area of social assistance. It forms part of the so-called three-pillar model of social minimum security in Germany, which is supplemented by Unemployment Benefit II (SGB II) and basic security in old age and in cases of reduced earning capacity (Sections 41 et seq. SGB XII).
Distinction from Other Basic Security Benefits
Assistance for subsistence is always subordinate to other claims for social benefits. In particular, benefits under SGB II (e.g., Unemployment Benefit II for employable persons in need) as well as basic security in old age and in case of reduced earning capacity (Sections 41 et seq. SGB XII) take precedence. Only when such claims do not exist is assistance for subsistence to be granted.
Eligibility Requirements
Personal Scope of Application
Persons are eligible if they cannot secure their necessary subsistence at all, sufficiently, or in due time through their own resources and efforts, and if no exclusion under Section 21 SGB XII exists (e.g., due to residence for the purpose of education or entitlement to Unemployment Benefit II). The following groups are particularly entitled:
- Children and adolescents up to the completion of the 15th year of life, if parents are not employable,
- Adults who are not employable and do not qualify for basic security in old age or in case of reduced earning capacity,
- Persons with a temporary stay in an inpatient institution.
Principle of Subsidiarity and Income Utilization
Assistance for subsistence is only granted if there are no priority claims against other social benefit providers (e.g., SGB II, SGB XI, BAföG) (Section 2 SGB XII). Additionally, one’s own income and assets must be used (Sections 19, 27, 90 SGB XII). Social assistance only steps in where this is not available.
Needs Assessment
The benefit includes the standard requirement, additional needs, accommodation and heating costs, as well as possibly one-off needs. The standard requirement is annually adjusted by the federal government and corresponds to the respective standard requirement level (Section 28 SGB XII).
Standard Requirement
The standard requirement covers ongoing daily living costs (e.g., food, clothing, personal hygiene, household items, personal needs). The amounts vary by household composition.
Additional Needs
Additional needs can be claimed for special life situations, for example, for expectant mothers, people with disabilities, or costly diets (Sections 30 et seq. SGB XII).
Accommodation and Heating
The need for accommodation and heating is recognized in the amount of the actual reasonable expenses (Section 35 SGB XII).
Scope and Forms of Benefits
Ongoing Benefits
Assistance for subsistence is generally paid as a monthly cash benefit for subsistence. In acute emergencies, benefits in kind are also possible.
One-off Benefits
In addition to ongoing benefits, one-off assistance for special needs may also be granted, such as for initial furnishing of a dwelling or clothing (Section 31 SGB XII).
Application and Procedure
Benefits are granted only upon application (Section 18 SGB XII). The responsible authorities are the local social assistance providers. The application can be made informally, but the obligation to provide complete information applies. Extensive duties of cooperation must be observed for processing, especially regarding information about income, assets, and family situation (Sections 60 et seq. SGB I).
Advice, Explanation and Information
The social assistance provider is obliged to provide complete and comprehensive advice and information (Section 14 SGB I) to ensure that those entitled are aware of their rights and obligations.
Recourse, Subrogation Claims, and Third-Party Benefits
Maintenance Obligations of Third Parties
Assistance for subsistence is subordinate to maintenance claims, especially against parents or children. The social assistance provider may exercise recourse against those obliged to provide maintenance within the framework of so-called recourse proceedings (Section 94 SGB XII).
Attribution of Income and Assets of Third Parties
In principle, the income and assets of the benefit community (e.g., spouses, partners) are taken into account (Section 27 SGB XII).
Revocation, Reclaim and Sanctions
Benefits may be withdrawn or revoked if the prerequisites cease to exist (Sections 45, 48 SGB X). In cases of incorrect or incomplete information, a reclaim is possible.
Relationship to Other Social Benefits
Assistance for Subsistence and SGB II
For employable benefit recipients, the exclusion under Section 21 SGB XII applies; they primarily receive benefits under SGB II (Unemployment Benefit II).
Assistance for Subsistence and Basic Security in Old Age and in Case of Reduced Earning Capacity
In cases of permanent full reduction in earning capacity or at retirement age, the basic security under Sections 41 et seq. SGB XII has priority; assistance for subsistence is limited to cases outside this group.
Current Developments and Reform Approaches
Assistance for subsistence is subject to regular adjustments, such as the annual review of the standard requirement. In addition, its applicability to different life situations is regularly reviewed, not least in view of demographic and societal changes.
Conclusion
Assistance for subsistence is a central element of social security in Germany and ensures that people in need receive existential support. It is characterized by the principle of subsidiarity, the use of income, and comprehensive coverage of needs. The complex legal provisions in SGB XII ensure transparency and equal treatment, while implementation in individual cases must always take account of personal circumstances.
Frequently Asked Questions
Who is entitled to assistance for subsistence under SGB XII?
In principle, persons who cannot meet their necessary subsistence from their own resources and efforts and who do not have a priority claim to basic security for jobseekers under SGB II are entitled to assistance for subsistence under Book Twelve of the Social Code (SGB XII). This includes in particular non-employable persons of retirement age, adults below the age limit, people with permanent full reduction in earning capacity, or children and adolescents whose parents cannot secure their maintenance. The prerequisite is always neediness under Section 19 SGB XII, meaning that income and assets do not exceed the relevant exemption amounts. Priority social benefits such as maintenance claims, child benefit, or housing benefit must always be taken into account. Claims must be asserted against the social assistance provider (usually the locally competent social welfare office) and may involve extensive documentation requirements regarding neediness.
What benefits are included under assistance for subsistence?
Assistance for subsistence covers all necessary expenses to secure a dignified life. This includes in particular the standard rate under Section 27a SGB XII, reasonable costs for accommodation and heating according to Section 29 SGB XII, as well as additional needs under Section 30 SGB XII, for example for single parents, pregnant women, or specific illnesses and disabilities. One-off benefits, such as initial equipment at birth, during pregnancy, for the household, or benefits for children’s education and participation, can also be provided. In addition, contributions to health and long-term care insurance must be covered by social assistance if no other health insurance coverage exists. The detailed calculation is based on nationwide and regionally established flat rates and appropriateness criteria, which are regularly reviewed.
What is the relationship of assistance for subsistence to priority benefits?
Assistance for subsistence is subordinate to other social benefits and maintenance claims. This means that all other priority benefits, such as Unemployment Benefit II, housing benefit, child benefit, advance maintenance payments, BAföG payments, or benefits from health or long-term care insurance, must be exhausted before assistance for subsistence is claimed. Only if these benefits are not granted or are insufficient does an entitlement to assistance for subsistence exist. The social assistance provider is obliged to check the potential benefits liability of other providers and can require the applicant to assert such rights themselves or may itself authoritatively claim them (so-called statutory assignment of claims).
How are income and assets offset when claiming assistance for subsistence?
For assistance for subsistence, both income and assets are taken into account, with certain exemptions applying. Income is, in principle, any cash or cash-equivalent receipt, such as wages, pensions, maintenance, but also one-off receipts. Part of the income is exempt from assessment under Section 82 SGB XII, e.g., reasonable insurance premiums, retirement provisions, certain additional expenses. Only so-called usable assets under Section 90 SGB XII are counted as assets. Particularly protected are a reasonable house property, small cash amounts (exempt assets), and items for personal use. Exemptions are regularly adjusted according to the life situation (e.g. single persons, spouses, children). Surplus income and usable assets must be used before social assistance can be claimed.
What are the cooperation obligations during application and while receiving benefits?
Persons applying for or receiving assistance for subsistence are subject to extensive cooperation obligations under Sections 60 et seq. SGB I. This includes, in particular, the obligation to provide all facts relevant for the decision, to submit documents and evidence (e.g., income statements, bank statements, tenancy agreements), to promptly notify any changes in personal or economic circumstances, and to participate in required examinations. A breach of the duty to cooperate may result in refusal or partial suspension of the benefit. The social assistance provider is authorized to obtain information from third parties, such as banks and employers, if the beneficiary does not provide such information themselves.
What legal remedies are available against decisions by the social assistance provider in connection with assistance for subsistence?
Affected individuals may file an objection against administrative acts of the social assistance provider relating to assistance for subsistence. This must be done in writing or for the record with the competent authority and within one month of the notification of the decision. If the objection is not upheld, the authority issues a notice of objection. Legal action against this notice may be taken before the local social court (Section 87 SGG). The action generally has no suspensive effect, but in case of acute need, interim relief can be applied for at the social court. For judicial enforcement of claims, the principle of official investigation applies, and generally there are no court costs for plaintiffs in the first instance.
