Definition and Legal Classification of the Social Claim
The term social claim in German law refers to the legal entitlement of a natural or legal person to the granting of a social benefit by a social security agency. Social claims form the foundation of social law and differ from other claims primarily through their relationship to social benefits in a broader sense. Social benefits include services to secure livelihood, health protection, protection against risks such as illness, unemployment, the need for care, as well as benefits promoting participation and integration.
Legal Basis of the Social Claim
Anchoring in the German Legal System
Social claims are mainly regulated in the Social Code (SGB) . The SGB is divided into twelve books and regulates both the requirements for a social claim and the specific procedures for enforcing these claims. Social claims are also regulated in further laws outside the SGB, such as the Federal Parental Allowance and Parental Leave Act (BEEG) or the Housing Allowance Act (WoGG).
According to § 2 (1) SGB I, social claims exist under the respective legal conditions. A legal entitlement generally requires, in addition to the existence of objective and personal requirements, that there are no grounds for exclusion or suspension. The most important general provisions on social claims are found in §§ 11 ff. SGB I.
Types of Social Claims
Social claims can essentially be differentiated as follows:
- Individual claims: These are claims by individual persons to specific social benefits.
- Collective claims: These claims belong to groups or social communities (e.g., shared households, needs-based communities).
- Formative claims: They concern the application for, change, or termination of social benefits.
- Administrative claims: This includes, in particular, the claim to advice, information, or access to files from the social benefits agency.
Benefits and Their Legal Bases
Social claims may relate to different types of benefits:
- Monetary benefits: e.g., unemployment benefit, child benefit, pension benefits.
- Benefits in kind: e.g., medical care, aids, care support.
- Services: e.g., counseling, integration support.
For each individual benefit, there is a specific legal basis within the SGB or in the relevant laws. The eligibility requirements are regularly strictly regulated.
Enforcement and Legal Recourse
Application and Administrative Procedure
A social claim does not arise by itself but must, in most cases, be asserted through a complete and valid application to the competent social benefits agency. The authority decides on the application within the scope of the administrative procedure at its discretion, provided that the legal facts so require (§ 31 SGB I). Applications are generally decided upon by administrative act.
Objection and Action
If a social claim is rejected by an administrative act or granted differently than applied for, legal recourse to the social court is open. As a rule, an objection procedure precedes the filing of a lawsuit (§§ 78 ff. Social Court Act – SGG). The decision on the social claim can be reviewed by the social court, the state social court, and the Federal Social Court.
Legal Nature of the Social Claim
Distinction from Other Legal Claims
Social claims are public-law claims for benefits, which differ significantly from private claims (e.g., under civil law). They are directed exclusively against social security agencies (e.g., health insurance funds, pension insurance, Federal Employment Agency, job centers, social welfare offices) and arise directly from statutory regulations. They are not assignable and are generally non-inheritable unless an express legal provision states otherwise.
Entitlement and Existence of Social Law Duties
The claim to a social benefit often requires the fulfillment of social law cooperation obligations by the entitled person. This includes, for example, providing truthful information, submitting evidence, participating in examinations or integration measures. Violation of cooperation obligations can result in restriction or loss of the social claim.
Protection and Suspension
The social claim is protected by fundamental rights, in particular by the welfare state principle pursuant to Art. 20 (1) and Art. 28 (1) sentence 1 of the Basic Law. Restrictions are only permissible subject to the reservation of law and proportionality and are regularly provided for by law in each individual case.
Limitation and Extinction of the Social Claim
Limitation periods
Social claims are subject to specific limitation and exclusion periods. According to § 45 SGB I, claims to social benefits become time-barred four years after the end of the calendar year in which they arose, unless other rules apply. Recourse claims by social benefits agencies are also regularly time-limited.
Grounds for Extinction
A social claim may lapse through passage of time, full fulfillment of the benefit, occurrence of an exclusion ground (e.g., cessation of need, change of competent agency), or death of the claimant, unless transferability is provided.
Significance in International and European Law
Social Claims within the EU
Minimum social standards are also protected by directives and regulations in European Union law. The coordination of social security systems is carried out in particular by Regulation (EC) No. 883/2004, which harmonizes claims to social benefits in cross-border situations within the EU. These regulations concern in particular claims to health, pension, and unemployment benefits.
Social Fundamental Rights
Social claims also reflect binding human rights and social fundamental rights, as enshrined in the European Social Charter and, in some areas, in the Charter of Fundamental Rights of the European Union.
Conclusion:
Der social claim is a central legal institution in German and European social law. It serves the individual safeguarding of social interests and is subject to strictly regulated requirements, procedures, limitation situations and enforcement options. Thorough knowledge of all eligibility requirements and procedural rules is of crucial importance for effectively exercising social law positions.
Frequently Asked Questions
When does a social claim arise under German law?
A social claim generally arises under German law when a person fulfills all statutory requirements for a specific social benefit. This includes, in particular, the legal basis (for example, as regulated in the Social Code), insurance or contribution requirements, the non-existence of exclusion grounds, as well as correct form and timely application. The claim is usually tied to specific legal elements such as need, unemployment, illness, or need for care. As soon as a person proves the relevant statutory requirements and applies for the benefit, the social benefits agency is obliged to grant the relevant benefit. In many cases, the claim arises at the time of the application or when the event giving rise to the benefit occurs. It is also essential that social claims must generally be asserted against a social security agency – such as health, pension, accident, or unemployment insurance and the social welfare office.
What legal steps are possible if a social claim is rejected?
If a social claim is rejected by an administrative act, the claimant has various legal remedies under German social law. First, an objection may be filed with the competent authority within one month of receipt of the rejection notice. The authority then reviews its decision and issues an objection notice. If the objection remains unsuccessful, action may be brought before the social court within one month after delivery of the objection notice. During the proceedings, it is also possible to file an application for interim legal protection if there are urgent social emergencies. The court proceedings are free of charge; costs may only arise in special circumstances. In the event of losing before the social court, an appeal to the State Social Court is possible, provided the statutory requirements are met.
What duties arise in connection with a social claim?
With the emergence of a social claim, the entitled person is subject to specific duties to cooperate. According to § 60 ff. SGB I, all information necessary to determine the facts and the eligibility conditions must be provided and appropriate evidence submitted. This includes, in particular, disclosure of income and financial circumstances, immediate reporting of changes (such as taking up employment, change of residence, or marital status), as well as submission of medical certificates or other required documents. If the claimant fails in a necessary duty to cooperate or provides inaccurate information, this may lead to denial or recovery of the benefit. Furthermore, the person is obliged to undertake reasonable measures to end the need for assistance or to prevent misuse, such as participation in integration measures.
To what extent can social claims become time-barred?
Social claims in Germany are subject to limitation. According to § 45 SGB I, claims to social benefits expire after four years from the end of the calendar year in which they arose. For claims for damages against social insurance agencies, the limitation period is three years. The limitation period may be suspended or interrupted by certain actions – for example, submission of a written application or negotiations between the claimant and the agency. After expiry of the limitation period, a social claim can generally no longer be enforced; the social benefits agency is then not obliged to provide the benefit. The limitation period serves legal certainty and legal peace and must be strictly observed.
Can social claims be transferred, attached, or inherited?
Social claims are generally of a strictly personal nature and therefore cannot be transferred or pledged (§ 53 SGB I). An exception is the inheritability of certain claims, such as pension payments not yet paid out, which may pass to the heirs of the insured person. Attachment is only permissible for social benefits within a narrow statutory framework, in accordance with § 54 SGB I, for example in cases of maintenance or recourse claims. Special rules and exemption limits apply here, which are intended to protect the subsistence purpose of many social benefits. The transfer of social claims by way of assignment under private law is fundamentally excluded.
What role does European law play with regard to social claims?
Due to Germany’s membership in the European Union (EU), certain European legal provisions and regulations are significant for the design and enforcement of social claims. The EU coordination of social security systems – especially through Regulations (EC) No. 883/2004 and No. 987/2009 – ensures that claims to social benefits can be granted across borders and that insurance periods in other European countries can be credited. This is particularly important for cross-border employment, moving within the EU, or receiving pensions abroad. National social law provisions must be consistent with European law requirements, particularly regarding equal treatment and the free movement of Union citizens. Conflicts between national and European law must be resolved by German courts in light of the primacy of European law.
