Stay abroad and social assistance – A legal overview
The term Stay abroad and social assistance refers to the interactions between stays abroad and entitlement to social assistance benefits under German law. The legal framework governs both the possibility of receiving social assistance during a stay abroad and the consequences of such a stay for the entitlement to benefits. The relevant regulations are primarily found in the Twelfth Book of the Social Code (SGB XII), but also in other national and European provisions.
Legal foundations of social assistance law
Definition and purpose of social assistance
Social assistance under SGB XII aims to secure a minimum standard of living in human dignity for individuals who cannot help themselves by their own means (§ 1 SGB XII). The benefits include, among other things, assistance for livelihood and further support in special life situations.
Personal and material scope
In principle, social assistance can be claimed by persons who have their habitual residence in Germany and are in need (§ 23 SGB XII). This domestic connection is a key requirement.
Effects of a stay abroad on entitlement to social assistance
Principle: Domestic connection of social assistance benefits
Social assistance benefits are generally limited to persons residing within the territory of Germany. Habitual residence in Germany is a prerequisite for entitlement (§ 23(1) SGB XII).
Interruption of residence in Germany through a stay abroad
A stay abroad – whether temporary or permanent – can affect entitlement to social assistance. The decisive factor is the legal classification of the place of habitual residence:
- Temporary stay abroad: In the case of a short-term stay abroad (such as a holiday trip), the habitual residence in Germany generally remains, but the entitlement to social assistance is suspended during this period according to § 41(1) SGB XII.
- Permanent stay abroad: Upon permanently leaving the territory of Germany, entitlement to social assistance generally ceases. Habitual residence shifts abroad. Social assistance can then generally no longer be claimed.
Continuation of entitlement in special exceptional cases
In a few exceptional cases, social assistance may also be granted during a stay abroad, in particular if
- inpatient treatment abroad is medically necessary (with the approval of the social assistance provider),
- in the sense of assistance for livelihood in special emergencies, a temporary stay abroad becomes necessary,
- an exception exists under international or Community law (e.g., EU law).
These exceptions are to be interpreted narrowly and each require a case-by-case decision.
Social assistance and short-term stay abroad
Suspension of benefits
If an eligible person receives benefits under SGB XII and only stays abroad for a short period, the entitlement is generally suspended during the absence. This applies, for example, to holiday trips or family visits. Upon return to Germany, the entitlement is reactivated. However, the habitual residence must not be permanently relocated abroad.
Notification of the stay abroad and consequences for failure to report
Recipients of benefits are obliged to notify the social assistance provider of a planned or already completed stay abroad. Failure to do so may result in claims for repayment and, if applicable, criminal consequences (especially in cases of benefit fraud).
Social assistance in case of permanent stay abroad
General exclusion of benefits
With permanent relocation of residence abroad, entitlement to social assistance generally ceases. This applies in particular if
- habitual residence within the meaning of § 30 SGB I is relocated entirely abroad,
- or the recipient otherwise gives up their connection to Germany.
Peculiarities regarding citizenship and EU law
- Germans abroad: German citizens can receive benefits under § 24(1) SGB XII (“Assistance in special life situations abroad”) in strictly limited exceptional cases, if they find themselves in an extraordinary emergency and returning to Germany is not possible or not reasonable. The requirement is that an existential emergency has arisen through no fault of their own.
- EU citizens and social assistance: EU citizens are subject to certain benefits and coordination mechanisms under European law, in particular Regulation (EC) No. 883/2004. Nevertheless, receipt of social assistance abroad is severely restricted and usually excluded, since national law generally requires a stay in Germany.
Special regulations and exceptions under SGB XII
Payment abroad in exceptional circumstances
Payment of social assistance abroad can be made in the following special situations in particular:
- Continuation of benefits during a short-term stay abroad for important reasons (e.g., medical treatment, temporary care of a relative),
- Bridging payments in case of compulsory departure,
- Provision of assistance in individual cases as approved by the social assistance provider.
The decision to provide benefits abroad is generally at the discretion of the social assistance provider.
Prevention of benefit fraud
Social assistance providers are legally obliged to prevent fraud. If benefits are received unlawfully (e.g., in the event of an unreported permanent stay abroad), repayment notices can be issued and the benefits immediately discontinued.
Legal protection and procedure
Administrative procedure
Social assistance decisions on the receipt of benefits despite a stay abroad must generally be processed in an administrative procedure with the responsible social assistance provider. Affected persons are entitled to a written decision with justification and may file legal remedies against rejections or claims for repayment.
Objection and legal action
Against negative notices or demands for repayment, there is a right of objection according to §§ 83 et seq. SGG (Social Court Act) and subsequently the right to file a claim before the social courts.
Summary and outlook
Der Entitlement to social assistance during a stay abroad is restrictively regulated under German law. Benefits generally require habitual residence in Germany. Stays abroad, whether temporary or permanent, can therefore lead to suspension or permanent loss of entitlement. Only in narrowly defined exceptional cases, such as medical necessity or under special international obligations, can social assistance be granted during a stay abroad. Compliance with notification obligations and careful assessment of the individual situation are critical to avoid undesirable legal consequences.
Frequently asked questions
Can receipt of social assistance continue during a stay abroad?
In principle, there is no entitlement to social assistance benefits under the Twelfth Book of the Social Code (SGB XII) during a stay abroad. Social assistance is considered a “subordinate” benefit and is intended to guarantee recipients in Germany the necessary means of subsistence. Persons residing abroad are generally excluded from benefits because moving away or a longer-term stay abroad is assumed to indicate a shift of the center of life. There are, however, exceptions, such as in the case of temporary stays (e.g., holiday trips) if the stay abroad does not exceed three to a maximum of four weeks per calendar year. Any period of absence beyond this requires special approval from the responsible social assistance provider, which may only be granted in very strict circumstances, such as compelling medical reasons. Benefits are also excluded once habitual residence has demonstrably been relocated abroad.
Are social assistance recipients required to inform the authorities of a planned stay abroad?
Social assistance recipients are subject to a duty to cooperate under § 60 SGB I and must promptly notify the social assistance provider of any change in personal or financial circumstances that may be relevant for benefits. This specifically includes a planned stay abroad, even if it is only temporary. The authority will then examine whether, and to what extent, entitlement to social assistance continues. If a stay abroad is not reported but benefits are still received, this may be deemed benefit fraud and lead to criminal consequences. Overpayments are usually reclaimed.
What legal exceptions exist for receiving social assistance abroad?
In exceptional cases, social assistance may be received during a stay abroad, for example, if treatment or rehabilitation abroad is unavoidable and cannot be carried out in Germany (§ 24(1) SGB XII). This, however, is always a case-by-case matter and requires prior approval and examination by the social assistance provider. There are also special provisions for stays abroad within the EU/EEA states, for example on the basis of bilateral agreements. In practice, long-term benefits abroad are highly restrictive and are only approved in very narrowly defined exceptional circumstances.
What are the consequences of a longer stay abroad for ongoing social assistance payments?
A longer stay abroad generally leads to the termination of entitlement to social assistance under SGB XII, as the social assistance provider assumes that habitual residence is no longer in Germany. According to § 30(3) SGB I, a residence or habitual stay is required for benefits under SGB XII. Once the recipient is no longer only temporarily outside Germany, entitlement ends. Benefits already paid for periods in which the recipient was unlawfully abroad are generally reclaimed.
Which documentary obligations apply upon return from abroad?
After returning from abroad, the social assistance recipient must present the social assistance provider with proof of periods of stay and, if applicable, the reason for absence. These may include, for example, travel documents, tickets, medical certificates, or entry/exit stamps. Payment of benefits can only resume after these documents have been reviewed. Complete documentation is especially required if benefits continued to be paid during the stay abroad.
Is there an entitlement to reimbursement of travel costs for a necessary stay abroad?
In special individual cases, the social assistance authority may recognize the costs of a trip abroad under so-called additional needs, e.g., if medical treatment abroad is absolutely necessary and regulated in terms of costs. This always requires a prior application and written approval from the social assistance provider. Without explicit consent, there will be no reimbursement of costs and no benefits will be granted abroad.
Is a temporary trip abroad for visiting purposes (e.g., family visit) tolerated?
A short-term stay abroad—such as for visiting purposes—is generally accepted as long as it does not exceed four weeks per year. This is comparable to the regulations regarding temporarily leaving the habitual place of residence. Longer absences must be explicitly justified and approved by the social assistance provider. If the time frame is exceeded without authorization, entitlement may be suspended or terminated, since habitual residence abroad will then be assumed. In such cases, immediate notification to the social assistance provider is also strictly required.
