Introduction to the SGB (I-XIV)
The Social Code (SGB) is the central body of law for German social law. The term SGB (I-XIV) refers to the total of the fourteen Social Codes enacted so far, regulating the essential areas of social security in the Federal Republic of Germany. The aim of this multi-volume legislation is the systematic organization and consolidation of what had previously been scattered social law. The SGB contains provisions for securing social risks, promoting social justice, and realizing social rights.
Historical Development and Systematics of the SGB
Genesis
The Social Code was developed as part of the social law reform in the 1960s and 1970s. With the First and Second Books – SGB I (General Part) and SGB II (Basic Security for Job Seekers) – uniform basic principles and substantive provisions were introduced for the first time. Over time, further volumes have been added up to the present day. The goal was the standardization and structural clarity of an area of law that had previously been highly fragmented.
Structure and Organization
The Social Code is divided into a total of fourteen books (SGB I–XIV), which regulate individual areas of social insurance, social promotion, and social compensation. It comprises both fully formulated codes and so-called placeholder codes, which serve the future differentiation of particular areas of regulation.
Overview of the Individual Books of the SGB (I–XIV)
SGB I – General Part
Contains fundamental provisions on the scope of application, definitions, social benefits, social rights, and principles of service provision. In particular, it regulates eligibility requirements, procedures, cooperation obligations, and coordination within social law.
SGB II – Basic Security for Job Seekers
Regulates benefits for basic security, in particular unemployment benefit II (“Hartz IV”) and social allowance. Creates the legal basis for promoting integration into work and measures to ensure the livelihood of employable persons in need and their dependents.
SGB III – Employment Promotion
Determines entitlements to benefits in the event of unemployment (Unemployment Benefit I), for employment promotion, vocational training, and employment placement. SGB III sets standards for the prevention and combatting of unemployment.
SGB IV – Common Provisions for Social Insurance
Contains overarching regulations for health, pension, accident, and unemployment insurance (e.g., on social insurance obligations, contribution law, duties of insurers and employers).
SGB V – Statutory Health Insurance
Determines the provision of benefits for medical care, sickness benefits, preventive and rehabilitation measures, and regulations regarding payers and organization of health insurance funds.
SGB VI – Statutory Pension Insurance
Regulates the obligation to participate in pension insurance, collection of contributions, types of pensions (old-age pension, reduced earning capacity pension, survivors’ pension), benefit entitlements, and procedures for determination and payment.
SGB VII – Statutory Accident Insurance
Ensures benefits for work accidents and occupational diseases: prevention, medical treatment, medical rehabilitation, compensation, and organization of accident insurance institutions.
SGB VIII – Child and Youth Welfare
Contains regulations for the promotion of children and young people, e.g., in childcare facilities, educational support, child protection, adoption, as well as procedures and organization of public child and youth welfare.
SGB IX – Rehabilitation and Participation of People with Disabilities
Creates the conditions for equal participation and independent living. Determines benefits for medical and vocational rehabilitation, participation in working life, and protection against discrimination.
SGB X – Social Administrative Procedure and Social Data Protection
Summarizes the principles applying to social benefit procedures, including applications, investigations, cooperation obligations, forms and delivery of notifications, as well as provisions on the protection of personal social data.
SGB XI – Social Long-Term Care Insurance
Ensures support in the event of need for long-term care and regulates the benefit law for persons in need of care: in-kind care benefits, care allowance, inpatient and outpatient care, as well as preventive and rehabilitation services.
SGB XII – Social Assistance
Regulates assistance for people who cannot cover their livelihood from their own income or through benefits from other branches of social security: assistance towards subsistence, basic security in old age and in case of reduced earning capacity, health care, and other forms of support.
SGB XIII – Placeholder Code
SGB XIII has not yet been filled and serves as a placeholder for future legislation within the system of social security.
SGB XIV – Social Compensation
Since 2024, SGB XIV has been coming into effect gradually. It standardizes the provisions on social compensation, especially for victims of violent crimes, war and military service victims, and their dependents, consolidating predecessor regulations from the Federal Pension Act.
Key Basic Principles of the SGB
Social State Principle of the Basic Law
The Social Code is based on the principle of the social state in the Basic Law (Art. 20 para. 1, Art. 28 GG). Services and monetary benefits serve to protect citizens against existential risks.
Insurance, Provision, Welfare
Social law differentiates between three central forms of benefits:
- Insurance: Compulsory insurance with contribution financing (e.g., health, pension, accident insurance).
- Provision: Benefit as a result of special causation or public obligation, usually funded by taxes (e.g., social compensation under SGB XIV).
- Welfare: needs-oriented assistance depending on income and assets (e.g., social assistance under SGB XII).
Principles of Receipt of Benefits
Key principles include, among others:
- Principle of Coverage of Needs: Social benefits are determined by a defined need as set by social law.
- Subsidiarity Principle: Other income or benefits take precedence before social assistance is drawn.
- Subsidiarity: Government assistance becomes active only when self-help is lacking.
- Protection of Personal Data: Comprehensive data protection requirements apply to social procedures.
Procedural Law and Enforcement of Rights
Social Administrative Procedure
SGB X regulates the procedure for applying for, granting, and implementing social benefits. Key aspects are the hearing of affected parties, cooperation obligations, the format of notifications, and legal protection.
Legal Protection in Social Law
Objection and legal proceedings are provided for: Negative notifications can be challenged by objection and by filing suit before social courts (specialized social court jurisdiction). The system of social jurisdiction has three levels: Social Court, Regional Social Court, Federal Social Court (§ 51 SGG).
Significance and Areas of Application in Practice
The SGB (I–XIV) affects numerous areas of life: gainful employment, illness, accident, old age, care, disability, child and youth welfare, social exclusion, and victim compensation. Application is carried out by numerous public bodies, including health insurance funds, pension insurance institutions, employment agencies, youth offices, and social welfare offices.
Current Developments and Outlook
The Social Code is continuously evolving. In particular, digitization, demographic change, changing employment biographies, integration and inclusion, and the further development of the law on benefits shape future legislative projects and the filling of previously empty books.
Literature References
- Social Code (SGB), current versions, Federal Ministry of Labour and Social Affairs
- Guide to Social Law, published by: Deutsche Rentenversicherung Bund
- Federal Social Court: Case law database
Note: This article provides an in-depth overview of the content, structure, and practical legal significance of the Social Code (SGB I–XIV) in German social law. For further research, it is recommended to consult the respective legal texts and official justifications.
Frequently Asked Questions
When and how can an objection be filed against a notice under the Social Code (SGB)?
According to the provisions of the Social Code (especially §§ 83 ff. SGG and the procedural rules of the individual SGB books), affected parties may use the legal remedy of objection against administrative acts of social benefit agencies. The objection must generally be lodged in writing or on record with the original authority within one month of notification of the decision. The decision must include instructions on legal remedies; if this is missing or incorrect, the period is generally extended to one year. The objection provides the opportunity for a comprehensive review of the legality and appropriateness of the decision. During the objection procedure, an application for interim legal protection can also be made under certain conditions. If the objection is not remedied, an objection decision is then issued. Legal action against this can be brought before the Social Court.
What cooperation obligations do benefit recipients have under the SGB?
According to §§ 60 ff. SGB I, benefit recipients are obligated to cooperate in clarifying the facts of the case. This particularly includes the obligation to present all necessary facts and documents, such as income statements, health records, or pension notices, and to immediately report any changes in personal or economic circumstances. If benefit recipients breach these obligations, the benefit may be fully or partially denied or withdrawn under §§ 66, 67 SGB I. However, cooperation obligations are limited by fundamental rights such as the general right of personality and the right to informational self-determination; unreasonable actions may not be demanded.
Under what conditions can benefits be granted retroactively under the SGB?
Retroactive granting of benefits in social law is only possible under certain conditions. As a rule, the benefit begins with the date of application (see § 37 SGB I). An exception applies if the applicant was prevented from applying through no fault of their own or if statutory provisions expressly provide for retroactive granting of benefits (for example, in the case of incapacity for work under SGB V or retrospective granting of pension under SGB VI following a timely rehabilitation application). Furthermore, a retroactive claim requires that the statutory entitlement requirements were already fulfilled during the retroactive period.
How are notices adjusted and reviewed under the SGB regulations?
After a notice has been issued, it can be reviewed, revoked, amended, or withdrawn under §§ 44 to 48 SGB X. In particular, unlawful or incorrect notices (e.g., due to new facts, changed case law, or errors of law) are corrected. A distinction is made between retroactive correction (“withdrawal”) and correction for the future (“revocation” in the case of faulty forecast decisions or changed circumstances). Notably, § 44 SGB X allows for the retroactive correction of unlawful favorable decisions to the benefit of those affected, providing significant protection for legal positions.
What legal bases exist for the crediting of income and assets to social benefits?
There are detailed federal legal regulations for the crediting of income and assets to social benefits, which are set out in various books of the SGB depending on the type of benefit. Typically, crediting is carried out under §§ 11 ff. SGB II (basic security for job seekers) or §§ 82 ff. SGB XII (social assistance). In principle, all income and fully usable assets are to be credited unless explicit exceptions exist (e.g., certain allowances, protected retirement savings, necessary household goods). The law also determines reliefs to be observed when assessing and considering income and assets, especially with regard to safeguarding a minimum standard of living in dignity.
What options for judicial review and legal enforcement exist under the SGB?
Decisions by social benefit agencies are subject to comprehensive judicial review by the social courts and the Social Court Act (SGG). After completion of an objection procedure, an action can be filed with the competent Social Court within one month. Legal protection includes review of administrative acts both on factual and legal grounds. There are special expedited legal protection procedures (applications for interim relief according to § 86b SGG) if a decision in the main proceedings cannot be awaited. Judicial review is conducted ex officio; that is, the court establishes the relevant facts itself. Appeals and revisions are possible at higher instances under certain conditions.
