Cost of Accommodation (KdU) — Rent and Heating under § 22 SGB II
Jobcenter · Housing costs under Grundsicherungsgeld (basic income support benefit for jobseekers; known as Bürgergeld until 30 June 2026) · Law as at 1 July 2026

Jobcenter · Housing costs under Grundsicherungsgeld (basic income support benefit for jobseekers; known as Bürgergeld until 30 June 2026) · Law as at 1 July 2026
On 1 July 2026, basic income support for jobseekers (Grundsicherung für Arbeitsuchende) was restructured. The ongoing cash benefit has since been called by law Grundsicherungsgeld (§ 19 Abs. 1 SGB II); the term "Bürgergeld" no longer appears in the text of the law. The benefit has not been abolished — it merely has a new name, and nothing essential changes in the application process. Details can be found under Applying for Grundsicherungsgeld and Continuation application.
For housing costs, the renaming is the smaller piece of news. More important is the new version of § 22 SGB II introduced by Article 1a of the Act of 16 April 2026 (BGBl. 2026 I Nr. 107): the grace period still exists, but it has now been capped at an upper limit. § 22 Abs. 1 Satz 6 SGB II provides that actual expenses for accommodation are not recognised as a need “to the extent that they are more than one and a half times as high as the expenses considered reasonable in the abstract”.
The widespread claim that every rent — even an excessive one — is covered in the first year is therefore out of date. Worked example for Berlin: the reference value of the Bruttokaltmiete (gross cold rent: rent plus service charges, excluding heating) for a one-person household is €449 under the AV-Wohnen, so the cap is €673.50. If the apartment costs €780 gross cold rent, €106.50 per month is left for you to pay — out of the standard needs (Regelbedarf), which is not calculated to cover this.
The second clarification concerns heating costs: the grace period has never covered them. § 22 Abs. 1 Satz 2 SGB II expressly limits the grace year to “the needs for accommodation”, and § 22 Abs. 1 Satz 9 SGB II subjects heating to the reasonableness check from the outset. Heating costs are recognised in addition to the cold rent — but only to a reasonable amount, even in the first year. There is, at least, also some relief: under § 22 Abs. 1 Satz 10 SGB II, the grace period is not counted towards the six-month period of the cost-reduction procedure.
In the application, enter the net cold rent, the cold service charges and the advance payments for heating as three separate items, and enclose the tenancy agreement and the rent certificate. This separation is not a mere formality: only the net cold rent and the cold service charges make up the gross cold rent, which falls under the grace period, while heating is checked immediately. Anyone who states everything as a single sum risks the local authority estimating the heating costs too low. Allow two to six weeks for the official notice (Bescheid); for first applications, an advance payment is possible.
Under § 22 Abs. 1 Satz 2 and 3 SGB II, the grace period lasts one year and begins at the start of the month in which you first receive benefits — not on the day you submit the application, and not on the date of the notice. If you receive no benefits for at least one full month in between, the grace period is extended under § 22 Abs. 1 Satz 4 SGB II by the full months without benefit receipt. A completely new grace period, on the other hand, only arises once you have received neither benefits under Book Two of the Social Code (SGB II) nor under Book Twelve of the Social Code (SGB XII) for at least three years, under § 22 Abs. 1 Satz 5 SGB II. Note down the calculated end date — from then on, the simple reference value applies.
Ask the local authority for the reference value of the gross cold rent applicable to your household size and multiply it by 1.5 — this is your cap during the grace period under § 22 Abs. 1 Satz 6 SGB II. If your gross cold rent is below this, it is recognised in full. If it is above, only the capped amount is recognised and you must cover the difference from the standard needs. In Berlin, this means for one person: €449 × 1.5 = €673.50. Keep a written record of the information provided, because it is the basis for any later objection (Widerspruch).
§ 22 Abs. 1 Satz 8 SGB II excludes two cases from the grace period. First: the square-metre limit applicable in the relevant area is exceeded — then the grace year does not apply to accommodation. Second: the agreed rent exceeds the rent permitted under §§ 556d to 556g BGB, i.e. the Mietpreisbremse (rent cap on new leases in tight housing markets). In this second case, the local authority must require you to lodge a formal complaint (Rüge) with the landlord about the excessive rent. Before applying, therefore, check the local rent index (Mietspiegel); a successful complaint permanently lowers your rent and is more favourable for you than any move.
Because heating is subject to the reasonableness check from the outset under § 22 Abs. 1 Satz 9 SGB II, submit the heating cost statement or the fuel invoices on your own initiative. Many local authorities use the limits of the nationwide Heizspiegel (heating index) as a guide; consumption above this is considered an indication of unreasonableness, but it can be rebutted. Give concrete reasons — poor insulation, an attic or corner apartment, an old heating system, a need for care, or infants in the household are recognised arguments. For oil, pellet or wood heating, apply in good time before ordering, because the need arises as a one-off in the month it falls due.
Under § 22 Abs. 1a SGB II, reasonableness is assessed for the approval period. If your expenses exceed the reasonable amount, the local authority must inform you of this and advise you of the duration and requirements for continued recognition. This advisory duty is a legal obligation: an omitted or inadequate cost-reduction request is one of the most successful grounds for objection, because without it the six-month period is not effectively triggered. Read the notice line by line and keep the envelope with the postmark.
Unreasonable expenses must be recognised for as long as a reduction is not possible or not reasonable to expect, but usually for no longer than six months (§ 22 Abs. 1 Satz 9 SGB II). “Usually” means: in an individual case, the period can be longer — this is exactly what your cooperation aims at. From the first day, document every housing application with date, provider, property and rejection, and collect screenshots of the portal listings. At the same time, check the less drastic options: subletting a room, negotiating a rent reduction, or a formal complaint under the Mietpreisbremse. Only once it is proven that none of these is possible does moving become relevant.
Under § 22 Abs. 4 Satz 1 SGB II, you should obtain the assurance before signing the new tenancy agreement. Expenses higher than reasonable are only recognised after a move if they were assured in writing in advance (Satz 3); for a move within the same comparison area that is not necessary, at most the previous need is recognised (Satz 4). For those under 25, § 22 Abs. 5 SGB II is noticeably stricter: without a prior assurance, no needs for accommodation and heating at all are recognised after a move. Apply for the assurance in writing, enclose the housing offer, and wait for the reply before signing.
As soon as arrears arise, § 22 Abs. 8 SGB II applies: debts can be covered to the extent that this is justified to secure accommodation or to resolve a comparable emergency, and they should be covered if this is justified and necessary and homelessness would otherwise occur. Any realisable assets available must be used first, and the benefit is usually provided as a loan that is offset later. Submit the application in writing, enclose payment reminders, the notice of termination and the eviction action, and have the receipt confirmed. In parallel, the free-of-charge debt counselling (Schuldnerberatung) can help, and can also negotiate with the landlord.
| Location (1-person household) | Reference value gross cold rent | Cap during the grace period (× 1.5) |
|---|---|---|
| Berlin (AV-Wohnen, since 1 January 2026) | €449 | €673.50 |
| Hamburg (Fachanweisung, as of April 2026) | €574 | €861.00 |
| Munich (as of January 2026) | up to €911 | up to €1,366.50 |
| Leipzig | Depends on the competent authority | Reference value × 1.5 |
| Other cities and districts | Own coherent concept | Reference value × 1.5 |
| Application and processing | No fee | No administrative fee |
The application itself costs nothing. The administrative procedure under the SGB II is free of charge for persons entitled to benefits; objection and legal action before the social court (Sozialgericht) are also free of court costs. “Costs” here therefore does not mean fees, but the amounts that the local authority recognises as need — and the share that you may have to bear yourself.
What counts towards the gross cold rent. What matters is the sum of the net cold rent and the cold service charges (property tax, water and wastewater, refuse collection, building cleaning, lift, building insurance, caretaker and similar items). Not included are heating and hot water — these are checked separately and for reasonableness from the outset — nor is household electricity, which must be paid from the standard needs.
Why the values differ so widely. § 22 SGB II does not specify any amounts. Each local authority must determine reasonableness, in accordance with the case law of the Bundessozialgericht (Federal Social Court), using a so-called coherent concept that reflects the local housing market, and must update these values regularly. This is why Hamburg and Munich differ by several hundred euros, and why for many local authorities — including Leipzig — there is no nationally published value that could seriously be printed as a figure. Ask the local authority competent for your place of residence for the currently applicable reference-value table; you are entitled to this information.
The reference values increase with household size. The amounts given above each apply to a one-person household. For two, three, four and more persons, the local tables provide for noticeably higher values, with the increment per additional person decreasing as household size grows. The 1.5x cap is always applied to the reference value for your actual household size.
If the rent is not covered even with the cap. § 22 Abs. 1 Satz 7 SGB II allows higher expenses to be recognised during the grace period in an individual case if they are unavoidable or arise in a Bedarfsgemeinschaft with children. This is a genuine hardship clause — justify it in writing and specifically, for example with disability, a need for care, a change of school for the children, or ongoing therapy at the place of residence.
Checking an alternative: Wohngeld (housing benefit) instead of Grundsicherungsgeld. If your income is just above the needs threshold, a grant towards the rent under the Housing Benefit Act (Wohngeldgesetz, WoGG) can be more advantageous and less intrusive than receiving benefits under the SGB II. A comparison is almost always worthwhile — details under Applying for Wohngeld.
This statement comes from the legal position in force until 30 June 2026 and still appears on countless websites. Since 1 July 2026, the cap under § 22 Abs. 1 Satz 6 SGB II has applied. Consequence: anyone in Berlin who rents an apartment for €780 gross cold rent gets at most €673.50 recognised and pays €106.50 per month from the standard needs — over twelve months, that is €1,278 missing from the budget for food, clothing and electricity.
Under § 22 Abs. 1 Satz 2 SGB II, the grace period only applies to the needs for accommodation; heating is checked from the outset under Satz 9. Consequence: consumption above the local limits is already reduced in the first month, and the difference from the annual statement is left for you to pay. Anyone who does not justify high consumption in time with insulation, location or health reasons almost always loses this dispute.
Under § 22 Abs. 4 Satz 3 SGB II, expenses higher than reasonable are only recognised after a move if they were assured in writing in advance. Consequence for adults aged 25 and over: rent coverage is not lost entirely, but the part above the reasonableness limit is. Consequence for those under 25 under § 22 Abs. 5 SGB II: no needs for accommodation and heating at all are recognised — the entire rent and heating must be borne yourself.
Anyone who, without good reason, moves into a more expensive apartment within the same comparison area falls under § 22 Abs. 4 Satz 4 SGB II. Consequence: at most the previous need is recognised, even if the new apartment would be reasonable on its own. You bear the additional costs permanently yourself — even if you move again later.
Under § 22 Abs. 1 Satz 9 SGB II, unreasonable expenses usually continue to be recognised for no longer than six months. Consequence: after that, the local authority only pays the reasonable amount, and the entire difference is at your expense — permanently, until the costs are actually reduced. Phone calls do not help: without efforts documented in writing, there is no basis for justifying an extension beyond the six months.
The six-month period is a standard period, not a rigid limit — but it is only extended if you prove that a reduction was not possible or not reasonable to expect. Consequence without evidence: the local authority assumes a lack of cooperation and reduces the amount exactly from month seven. Therefore collect applications, rejections, screenshots of portal listings and dated notes of conversations.
Under § 22 Abs. 3 SGB II, credits and refunds reduce the expenses from the month after they are credited, and must therefore be reported. Consequence: a notice of revocation and repayment (Aufhebungs- und Erstattungsbescheid) is issued for the benefits overpaid, and the amount is then offset; deliberate concealment can additionally lead to regulatory offence (Ordnungswidrigkeit) proceedings or criminal proceedings for fraud. Report the statement immediately, therefore — even if it turns out in your favour.
Contrary to what is often claimed, there is no statutory cut-off period for submission; the additional payment counts as need in the month it falls due, provided it is reasonable. Consequence of a late report: if the due month already falls outside your period of benefit receipt, the need is lost entirely, because it is allocated to a month without entitlement. The former special rule in § 37 Abs. 2 Satz 3 SGB II for heating cost statements only applied to applications up to 31 December 2023 and no longer helps today.
§ 22 Abs. 8 SGB II permits debts to be covered to secure accommodation, and means they should be covered if homelessness would otherwise threaten. Consequence of waiting: after a termination without notice for payment default, a back payment can only render the termination ineffective within tight statutory deadlines — if this time passes, the termination remains effective even though the money is paid afterwards. Submit payment reminders and the notice of termination, therefore, on the day they are received.
You can lodge an objection against any notice concerning the cost of accommodation, within one month of notification (Bekanntgabe) (§ 84 Abs. 1 SGG). Consequence of missing the deadline: the notice becomes final, and even a clearly unlawful reduction amount can then only be challenged through the laborious route of an application for review. The objection is free of charge and can initially be lodged without a statement of reasons — you can submit the reasons afterwards. If it is unsuccessful, the route leads to the social court, which also decides free of court costs.
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