Definition and Legal Basis of Social Assistance Providers
Ein Social Assistance Providers is a public-law institution in Germany responsible for carrying out and approving social benefits as part of social assistance. The functions, responsibilities, and legal bases of social assistance providers are primarily set out in the Twelfth Book of the Social Code (SGB XII) as well as additional state-specific laws. Social assistance providers thus play a central role in fulfilling the constitutionally guaranteed principle of the welfare state.
Types and Organization of Social Assistance Providers
Types of Providers under SGB XII
According to Section 1 SGB XII, the providers of social assistance are defined. A distinction is made between:
- Local Social Assistance Providers
Pursuant to Section 3 SGB XII, these are, as a rule, the district-free cities and rural districts as well as special municipal associations, unless state law stipulates otherwise.
- Supralocal Social Assistance Providers
According to Section 2 SGB XII, federal states may designate supralocal providers to carry out tasks that go beyond the local area. These tasks are specified in Section 97(2) SGB XII. The precise assignment and organization of supralocal providers are regulated by the respective state law.
Task Distribution
Local providers are generally responsible for the ongoing provision of aid and the direct care of those seeking assistance. Their tasks include, among other things:
- Basic security in old age and in the case of reduced earning capacity
- Assistance for subsistence (income support)
- Assistance with care (unless otherwise regulated)
- Health-related assistance
Supralocal providers are responsible for tasks of overarching or specialized importance, such as the funding of institutions, support in complex individual cases, or regional coordination.
Legal Bases and Jurisdictions
Section 18 SGB XII – Jurisdiction
Die Local jurisdiction is determined by the usual place of residence of the entitled person. The interaction of Sections 98 and 97 SGB XII is decisive. As a rule, the provider at the place of residence is responsible.
The Subject-matter jurisdiction results from the specific areas of responsibility. Supralocal providers act when special types of benefits must be provided or when state law stipulates this.
State-specific regulations
At the federal state level, the individual states can organize the structure of social assistance providers differently. For example, in Bavaria the districts act as supralocal providers, whereas in North Rhine-Westphalia, landscape associations assume this role. The precise regulation is governed by implementing or state execution laws for SGB XII.
Legal Status and Supervision
Social assistance providers are constituted either as corporations under public law or as municipal territorial authorities. They are subject to the legal supervision of the state authorities responsible for social affairs. This includes adherence to both federal law and state-specific regulations.
Duties and Obligations of Social Assistance Providers
Provision of Benefits
A core duty of social assistance providers is the needs-based and legally compliant granting of social benefits under SGB XII. Particular attention must be paid to the principles of upholding human dignity, securing the socio-cultural minimum subsistence level, and the principle of subsidiarity (§ 2 SGB XII).
Counseling, Information, and Supervision
In addition to approving benefits, social assistance providers are obliged to comprehensively advise applicants and inform them of their rights and obligations (§ 11 SGB XII). They conduct social inquiries and investigate ex officio to determine the requirements for granting social assistance.
Cooperation and Data Protection
The providers cooperate with other social benefit agencies, authorities, and institutions to ensure effective and coordinated support. When processing personal data, strict data protection requirements apply, particularly under the General Data Protection Regulation (GDPR) and state-specific data protection laws.
Financing and Economic Efficiency
Financing of Social Assistance
Funding for benefits is generally provided by the providers themselves (own resources), municipalities, and federal states. Compensation and apportionment mechanisms exist to ensure equal financial burdens. Details are determined by financing agreements and state-specific regulations.
Principle of Efficiency and Economy
Social assistance providers are required to provide services efficiently and economically. They are subject to corresponding audit powers by municipal audit offices and state audit courts.
Legal Remedies and Legal Protection
Objection Procedure
Those affected by decisions of social assistance providers have the right to file an objection (§ 85 SGG). The objection procedure serves to resolve and review benefit notices out of court.
Judicial Legal Protection in Social Courts
After completion of the objection procedure, it is possible to file a lawsuit before the Social Court. This guarantees independent review of decisions made by social assistance providers.
Further Reading and Legal References
For a detailed examination of the responsibilities, structures, and powers of social assistance providers, the following legal foundations and professional commentaries are especially relevant:
- Twelfth Book of the Social Code (SGB XII)
- Federal State Implementation Laws to SGB XII
- Publications of the Joint Committee of German Social Assistance
- Commentaries on SGB XII (e.g., Grube/Wahrendorf)
Summary
The social assistance provider is a key institution in the German social law system, whose legal framework is comprehensively regulated by SGB XII and state law. The providers are responsible for ensuring subsistence benefits to those in need, are subject to government supervision, and finance their activities through municipal and regional mechanisms. They are obliged to safeguard the legal claims of affected persons, offer counseling, provide efficient services, and correctly adhere to data protection requirements. Through a tiered system of legal remedies, individual legal protection is ensured.
Frequently Asked Questions
Who is the responsible social assistance provider under German law?
According to the provisions of the Twelfth Book of the Social Code (SGB XII), the responsible social assistance provider in Germany is generally the local social assistance provider, i.e., cities, districts, or independent cities. In certain cases, such as for supraregional tasks (e.g., assistance for people in special residential forms or integration assistance for disabled persons), the supraregional provider (landscape or regional association) is responsible. Jurisdiction may also depend on the usual place of residence of the person seeking help. If there is ambiguity related to the usual residence, special allocation and transitional provisions of SGB XII apply by operation of law. Jurisdictional disputes are resolved by mediation from the Supreme State Authority. For foreign matters, further special regulations apply, such as when providing benefits to Germans abroad.
What are the obligations of a social assistance provider towards applicants?
The social assistance provider is obliged to thoroughly examine applications for social assistance benefits and decide on them at its discretion. In particular, this includes the obligation to investigate the applicant’s personal and financial circumstances ex officio (investigation principle according to § 20 SGB X). They must inform the applicant of their rights and obligations to cooperate, and point out necessary documents or evidence. Additionally, the provider is required to process and decide on applications promptly, within a reasonable timeframe. The provider is also obliged to provide transparent information regarding decisions and to include comprehensive information on legal remedies.
In which cases is the social assistance provider liable for breaches of duty?
A social assistance provider may be liable if, due to culpable breaches of duty during administrative procedures or when providing benefits, a social assistance recipient suffers damage (§ 839 BGB in conjunction with Art. 34 GG). Liability generally requires unlawful and culpable conduct (intent or negligence) on the part of the responsible official or employee. A typical case of liability could be the wrongful denial of urgently needed social assistance benefits, resulting in significant financial or health disadvantages for the applicant. Claims for damages always require proof of the damage and the causal connection to the breach of duty.
What legal remedies are available against decisions of the social assistance provider?
An objection according to § 84 SGG (Social Court Act) can first be lodged against decisions of the social assistance provider. If the objection is not remedied, a claim may be filed with the Social Court. In urgent cases, preliminary legal protection can be requested by applying for a temporary injunction under § 86b (2) SGG. The procedure is generally free of charge, except in cases of abusive applications. Additionally, the provider is obliged to provide proper information on legal remedies.
How does cooperation between several social assistance providers work?
Cooperation is regulated in SGB XII and by state-specific implementation laws. In cases of overlap, such as relocation of beneficiaries or benefits related to several types of aid, providers consult with each other concerning jurisdiction and cost reimbursement (§ 104 et seq. SGB X). Cooperation aims to ensure seamless granting of aid and to avoid duplicate benefits. There is also an exchange of information via designated interfaces and formal participation, for example in cases involving various types of in-kind support.
What are the duties to cooperate for those seeking help towards the social assistance provider?
The person seeking assistance is legally obliged to cooperate in clarifying the facts (§ 60 SGB I). This includes, in particular, providing truthful information about personal and financial circumstances, presenting required documents (proof of income, rental agreements, bank statements), as well as the immediate notification of any changes in circumstances. If the applicant does not meet their cooperation duties, the social assistance provider may refuse or withdraw benefits, provided the lack of cooperation has a material impact on the entitlement. In special cases, the authority may make an estimate.
What is the significance of guidelines and administrative regulations for the exercise of social assistance by providers?
Guidelines and administrative regulations play an important role in the work of social assistance providers, as they specify implementation provisions for SGB XII and ensure the uniform application of federal law in the states. They are binding for the administration, but do not have direct external effect for the citizen; in particular, the citizen is normally not directly referred to them. Deviations from these administrative rules may be possible in individual cases with atypical circumstances, but should not occur without justified reason, as this would otherwise violate the principle of equal treatment. In judicial proceedings, administrative regulations are generally used as an aid to interpretation.
