Hilfe zum Lebensunterhalt nach SGB XII beantragen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ 27 ff. Sozialgesetzbuch Zwölftes Buch (SGB XII) – Sozialhilfe
Granting of benefits for subsistence in accordance with §§ 27 ff. of the German Social Code Twelfth Book (SGB XII) - Social Assistance
People who are able to work receive basic security benefits for jobseekers/citizens' allowance in accordance with the Second Book of the German Social Code (SGB II); people who are permanently fully disabled and old-age pensioners* receive basic security benefits in old age and in the event of reduced earning capacity in accordance with SGB XII. Assistance with living expenses is therefore only granted in rare cases, particularly for people with a non-permanent (i.e. temporary) full reduction in earning capacity. The prerequisite for entitlement to benefits is that economic (and socio-cultural) subsistence cannot be secured in any other way.
The necessary means of subsistence initially includes food, clothing, household items, personal hygiene and the personal needs of daily life, such as expenses for the telephone, magazines or going to concerts.
The social welfare provider - generally the social welfare office - grants the benefit as a lump sum, the so-called standard requirement. It also covers reasonable costs for accommodation and heating and, if necessary, supplements for additional needs, contributions to health and long-term care insurance and, under certain circumstances, pension insurance contributions.
For pupils attending a general or vocational school, the social welfare office recognises benefits for education, and for children and young people also benefits for participation in social/cultural life in the community ("education and participation package"). With the exception of school supplies, these benefits are dependent on an application, although a separate application is only required for learning support.
Supplements for additional needs
Those affected are entitled to an additional needs supplement, especially if they
- are pregnant,
- are a single parent,
- have an illness that requires a special diet
or - have the "G" sign (walking disability) and either
- have reached the age limit (65 years and older, depending on the individual case) or
- have not yet reached the age limit but are fully disabled.
One-off benefits
In addition to ongoing benefits, the Social Welfare Office also grants one-off benefits for
- Initial furnishings for the home, including household appliances,
- Initial outfits for clothing and initial outfits for pregnancy and birth, and
- Purchase and repair of orthopaedic shoes, repairs to therapeutic appliances and equipment, hire of therapeutic appliances.
In addition, the social welfare office can also cover rent debts and funeral costs in particular.
Note: Funeral costs are not part of assistance with living expenses, they fall under assistance in other life situations.
Determining the entitlement to benefits
When calculating who is entitled to benefits, the social welfare office must generally take into account all the income of the person concerned. Excluded from this are in particular
- Pensions and benefits under the Federal Compensation Act (Bundesentschädigungsgesetz) up to the amount of comparable benefits under SGB XIV
- Allowances from voluntary welfare organisations (if social assistance is also justified) and
- private benefits granted by third parties without legal or moral obligation, insofar as taking them into account would mean particular hardship for the recipient
Parental allowance is also taken into account. However, a special rule applies to those entitled to parental allowance who were gainfully employed before the birth of their child. State parental allowance is not taken into account.
*) In order to remain comprehensible, we limit ourselves to the generalised personal designations, they always refer to each gender - the editors
Proof of costs, income and assets in particular are required to calculate the entitlement. Please contact the social welfare office to find out which documents are required in detail.
Those affected are entitled to assistance with living expenses as part of social welfare if they
- are not able to work and do not belong to the group of people receiving basic income support in old age and in the event of reduced earning capacity
- have their usual place of residence in Germany and
- if they are unable to support themselves, or are unable to do so completely, from their own resources - in particular from their own income and assets or with the help of others (e.g. relatives).
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Social assistance benefits according to SGB XII
- No application is required for this. Rather, it is sufficient for the social welfare organisation to become aware of the need - through the person concerned themselves or through others. (Exception: certain benefits under the education and participation package)
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Proof of entitlement, counselling and further assistance
- The necessary evidence must be submitted to establish entitlement to social assistance. The staff at the social welfare office provide comprehensive advice to those affected and their relatives and also check whether other special support services are useful, such as those offered by debt counselling centres.
Broadcasting licence fee
If you receive certain state social benefits, such as assistance with living expenses, you can apply for exemption from the licence fee.
- Appeal (details in the decision)
- Legal action before the social court (details in the decision)