Definition and Classification of Social Law
Social law is an independent branch of public law. It encompasses all regulations concerning social security, the granting of social benefits, and protection against life risks and social hardships. The aim of social law is to ensure a subsistence minimum for people in different stages of life, enable social participation, and alleviate distress caused through no fault of their own. In Germany, social law is primarily regulated in the Social Code (SGB), which currently consists of twelve volumes.
Sources of Social Law
The Social Code (SGB)
The most significant source of social law in Germany is the Social Code. It was introduced in 1975 and has been gradually expanded since then. The SGB is currently divided into the following books:
- SGB I: General Provisions
- SGB II: Basic Security for Jobseekers
- SGB III: Employment Promotion
- SGB IV: Common Provisions for Social Insurance
- SGB V: Statutory Health Insurance
- SGB VI: Statutory Pension Insurance
- SGB VII: Statutory Accident Insurance
- SGB VIII: Child and Youth Welfare
- SGB IX: Rehabilitation and Participation of Disabled Persons
- SGB X: Social Administration Procedure and Social Data Protection
- SGB XI: Social Long-term Care Insurance
- SGB XII: Social Assistance
Other Legal Sources
In addition to the SGB, there are numerous other legal sources, including the Federal Child Benefit Act (BKGG), the Housing Benefit Act (WoGG), the Asylum Seekers’ Benefits Act (AsylbLG), as well as various European and international norms, such as the European Social Charter or EU regulations on social security.
Legal Principles and Structure
Principles of Social Law
Social law is based on various fundamental principles:
- Needs Principle: Benefits are oriented toward the individual needs of the entitled person.
- Insurance Principle: Contributions are collectively funded by all insured persons according to risk.
- Welfare Principle: State funds guarantee a subsistence minimum for people without their own insurance coverage.
- Subsidiarity Principle: Social benefits only intervene when self-help or help from third parties is insufficient.
- Solidarity Principle: Risks are borne collectively, and contributions usually do not depend on individual risk.
Structure of Social Law
Social law is mostly framed as benefits law. It particularly governs:
- Eligibility criteria for benefits
- Conditions of entitlement and scope of benefits
- Administrative procedures, deadlines, and legal remedies
- Data protection and obligations to cooperate
The Most Important Subfields of Social Law
Social Security Law
Statutory Health Insurance (SGB V)
Statutory health insurance guarantees insured individuals medical care and financial security in cases of illness or maternity. It defines tangible and service benefits, contribution obligations, scope of coverage, and applications for benefits.
Statutory Pension Insurance (SGB VI)
Statutory pension insurance protects against risks in old age, in cases of reduced earning capacity, and in the event of death, by providing pensions and rehabilitation benefits.
Statutory Accident Insurance (SGB VII)
Statutory accident insurance protects against the economic consequences of occupational accidents, commuting accidents, and occupational diseases.
Statutory Long-term Care Insurance (SGB XI)
This insurance provides financial and in-kind benefits for care if insured persons become in need of care.
Basic Security and Welfare Law
Basic Security for Jobseekers (SGB II)
This social benefit, generally known as “Hartz IV”, ensures subsistence for employable persons in need and their relatives.
Social Assistance (SGB XII)
Social assistance serves to secure a subsistence minimum when there are no priority claims, such as from employment or insurance benefits.
Asylum Seekers’ Benefits (AsylbLG)
The benefits under the Asylum Seekers’ Benefits Act secure the basic needs of asylum seekers.
Family Benefits and Other Social Benefits
Child and Youth Welfare (SGB VIII)
Child and youth welfare law encompasses benefits and protective services for children, adolescents, young adults, and families.
Housing Benefit, BAföG, and Other Benefits
Housing benefit as a rent or housing cost subsidy, as well as the Federal Training Assistance Act (BAföG) for trainees, pupils, and students, constitute further important pillars.
Administrative Law Aspects
Social Administration Procedure (SGB X)
Social law benefits are applied for and granted through an administrative procedure. The procedure is characterized by the official investigation principle, procedural participation, the right to a hearing before adverse decisions, and extensive cooperation obligations. Social data protection regulates the handling of sensitive social data.
Legal Protection in Social Law
Recipients of benefits can have decisions reviewed and file legal remedies, in particular objections and lawsuits before the social court. The social court procedure is based on the principle of official investigation as well as free legal protection for beneficiaries.
Significance and Function of Social Law
Social law ensures societal stability, promotes equal opportunities, and serves as an instrument for social justice. It responds to structural changes in society, such as demographics, digitalization, and changing family structures, by continually adapting.
International and European Social Law
Social law includes a variety of international components. EU regulations ensure the coordination of social security within the internal market. International agreements safeguard social minimum standards and facilitate the transfer of social benefits in cross-border situations.
Literature and Further Information
Additional sources of information include statutes, commentaries, and handbooks on social law. Among the most important publications are standard commentaries on the Social Code, academic articles, and publications from federal ministries.
Note: The substantive statements in this article are based on the status of German social law as of June 2024. The legal situation may vary due to amendments; for binding legal advice, it is recommended to consult the respective legal texts.
Frequently Asked Questions
How can I appeal against a rejected social benefits decision?
If a social benefits decision is denied under social law, affected persons generally have the right to take legal action. First, an objection must be filed in writing with the issuing authority within one month of notification of the decision. While a rationale is not legally required, it is strongly recommended to improve chances of success. The authority will then review the decision again within the scope of the objection procedure. If the objection is rejected, a so-called objection decision will be issued. Against this, an action can be filed with the local social court within one month. There is no mandatory legal counsel before the social court, but in more complex cases, it is advisable to consult a specialist lawyer for social law. Throughout the entire appeal process, deadlines and form requirements must be strictly observed, as rights may otherwise be lost.
Can social benefits be applied for retroactively?
In social law, the so-called application principle (§ 37 SGB I) generally applies, according to which benefits are only granted from the date of application. Retroactive approvals are only possible in narrowly defined exceptional cases, for instance, if undetected need for assistance can be proven, or if the application was delayed for reasons not attributable to the eligible person. Certain benefits, such as basic security for jobseekers, are strictly granted only from the month of application. It is therefore important to submit applications as early as possible, if necessary initially in informal form, to secure potential claims.
What are the duties to cooperate under social law?
Recipients of social benefits are obliged under §§ 60 ff. SGB I to cooperate in clarifying the facts of the case. This includes, in particular, the obligation to submit all relevant documents, evidence, and to report any changes in personal or financial circumstances to the authority without being asked and without delay. If entitled persons fail to comply with these obligations, this may result in a suspension or recovery of benefits (§ 66 SGB I). The duty to cooperate also encompasses tolerating medical examinations and providing information to third parties if this is necessary for granting the benefit. However, there are legally defined limits, particularly regarding reasonableness and the protection of fundamental rights.
What happens in the case of unjustified benefit payments (overpayment)?
If it transpires that social benefits were provided without justification or in excess, social law provides for the recovery of these benefits (§ 45, § 48, § 50 SGB X). This can result from an error by the authority or from a breach of the duty to cooperate by the beneficiary. Recovery takes place through revocation and reimbursement notices. Overpaid amounts may be offset against ongoing benefits or reclaimed in other ways. In any case, affected individuals should have the legality of the recovery reviewed, as errors frequently occur, for example with calculations or with the observance of limitation periods.
Which deadlines are particularly important in social law proceedings?
In social law, various deadlines must be strictly observed. Especially important are the one-month objection period after receipt of a notice (§ 84 SGG) and the one-month period to file a lawsuit against an objection decision. In individual cases, the deadline may be longer, for example if instructions regarding legal remedies are missing—in such cases the deadline is twelve months (§ 66 SGG). In addition, there are deadlines for submitting evidence or notifications, which are individually specified in the decision. If such deadlines are missed, this may lead to loss of entitlements or rights. It is therefore advisable to carefully review all official correspondence and routinely document deadlines.
Are trainees entitled to social benefits?
Trainees are generally excluded from benefits under SGB II (basic security for jobseekers) and SGB XII (social assistance) in social law if they are, in principle, entitled to benefits under the Federal Training Assistance Act (BAföG) or vocational training allowance (BAB) (§ 7 para. 5 SGB II, § 22 para. 1 SGB XII). However, exceptions exist in special hardship cases, for instance, if there are unmet additional needs, or if there is no actual entitlement to BAföG or BAB due to exceeding the age limit or in the case of independent BAföG. Limited entitlements may also exist for accommodation and heating. A detailed examination of the individual case and advice from a competent body are recommended.
When can a sanction be imposed under social law?
In the area of basic security for jobseekers, sanctions may be imposed when employable persons violate obligations from the integration process or their duties to cooperate—for example, if they decline reasonable job offers or missed appointments without excuse (§ 31 ff. SGB II). Sanctions involve a reduction in the benefits owed, and the extent depends on the severity and frequency of the violation. Restrictions apply to particularly vulnerable groups, such as persons under 25 or single parents. Since the decision of the Federal Constitutional Court on 05.11.2019, sanctions have been capped in their amount, so that a complete reduction of benefits is no longer permissible. Affected persons have the right to file objections and, if necessary, a lawsuit against a sanction notice.
