AmtsDeutschland
0%
Skip to main content
Find an official procedure

Sanction on the Grundsicherungsgeld: lodging an objection

Jobcenter · legal remedy under §§ 31–32 SGB II

In writingDeadline: 1 monthJobcenter
Last updated31 August 2026
VerificationChecked against gesetze-im-internet.de
Written and reviewed byAndrés Sánchez Botta
Independent information page: we are not the Jobcenter, not an authority and not a paid advisory service — we do not submit applications on your behalf. All information comes from official sources and is explained here in simple terms; the competent body is always binding. Not legal advice in an individual case. Procedures and areas of responsibility may vary depending on the Jobcenter. All information without guarantee. We are neither lawyers nor tax consultants: we document administrative procedures (Behördengänge) and check the information against the official source — this is information, not legal or tax advice.

At a glance

Objection (Widerspruch)
No fee
Deadline for objection (Widerspruch)
1 month
Amount of the reduction
30% to 100%
Duration of the reduction
1 to 3 months
Time limit for lodging an action
1 month
Success rate 2025
around 31%

Grundsicherungsgeld instead of Bürgergeld — what changed in 2026

Required documents

Step by step

1

Read the notice carefully and note when the deadline starts

First note when the notice was received by you, because the one-month time limit under § 84 Abs. 1 Satz 1 SGG runs from notification. Then check what the Jobcenter relies on — a breach of obligation under § 31 SGB II, a failure to report under § 32 SGB II, or the refusal of a reasonable job under § 31a Abs. 7 SGB II: the amount and duration of the reduction depend on this. Also check the cut-off period (Ausschlussfrist) in your favour: under § 31b Abs. 1 Satz 3 SGB II, the finding of a reduction is only permissible within six months of the breach of obligation. If the instructions on legal remedies are missing or incorrect, the time limit for the objection is extended to one year under § 66 Abs. 2 SGG.

2

Lodge the objection within the deadline — even without a statement of reasons

Do not wait until you have all the evidence together. § 84 Abs. 1 Satz 1 SGG allows four routes: in writing, in electronic form under § 36a Abs. 2 SGB I, as a substitute for written form under § 36a Abs. 2a SGB I and § 9a Abs. 5 OZG, or to the record (zur Niederschrift) at the body that issued the administrative act. You can therefore also appear in person at the Jobcenter and have the objection recorded there. State the file number, the date of the notice, the sentence "I hereby lodge an objection", and the note that the statement of reasons will be submitted later. Secure receipt through an Einwurf-Einschreiben (registered letter delivered to the recipient's letterbox), a date stamp on your copy, or the inbox's confirmation of transmission. If notification is made abroad, the time limit is three months (§ 84 Abs. 1 Satz 2 SGG).

3

Request access to the file and build the statement of reasons

Apply for access to the file under § 25 SGB X and have the records on the breach of obligation copied for you. Check three points: was a proper hearing held before the reduction under § 31a Abs. 2 SGB II in conjunction with § 24 SGB X? If you requested a personal hearing, was it held in person, and, in cases of known mental illness as well as before a third consecutive failure to report is found, was it held in person? Was there clear, comprehensible instruction on the legal consequences? Then set out your good reason and substantiate it. In the case of a reduction under § 31a Abs. 7 SGB II, challenge the elements of the provision specifically: taking up the job must have been actually and immediately possible and must have been refused intentionally — if either element is missing, the reduction does not hold.

4

Consider interim relief in the case of an ongoing deduction

Under § 39 Nr. 1 SGB II, an objection and a rescissory action (Anfechtungsklage) against a notice finding the breach of obligation and the reduction of the entitlement to payment do not have suspensive effect — the money therefore initially remains reduced. Because the reduction period lasts only one to three months depending on the case, the sanction has often already expired before the objection is decided. The application for an order of suspensive effect under § 86b Abs. 1 Satz 1 Nr. 2 SGG at the social court is therefore the practically most important legal remedy. It is free of court costs, can be submitted alongside the objection, and is decided in urgent cases within a few days to weeks. Base it on the specific emergency, not merely on the unlawfulness of the notice.

5

Actively ending an ongoing reduction

Independently of the objection, you can shorten the sanction yourself: under § 31a Abs. 1 Satz 2 SGB II, the reduction must be lifted as soon as you fulfil your obligations, or subsequently declare, seriously and lastingly, that you are willing to fulfil them in future. Under § 31b Abs. 2 Satz 2 SGB II, the reduction must have lasted at least one month for this to apply. Make the declaration of willingness in writing, specifically, and verifiably — for example by undertaking to attend the next appointment or to begin the measure. In cases under § 31a Abs. 7 SGB II, the reduction is lifted after one month if the possibility of taking up the job no longer exists, but at the latest after two months (§ 31b Abs. 3 SGB II).

6

Evaluating the ruling on the objection and claiming costs

If the Jobcenter grants the objection, it sets the notice aside in whole or in part and pays the withheld amount retroactively. In this case, expressly apply for reimbursement of the necessary expenses under § 63 SGB X; this also includes lawyer's costs, if engaging a lawyer was necessary. If the objection is rejected, read the Widerspruchsbescheid (ruling on the objection) point by point: it must address your good reason and the hardship assessment under § 31a Abs. 3 SGB II. Note the date of notification immediately, because the time limit for lodging an action starts running from it. Important for securing a means of subsistence: under § 31b Abs. 4 SGB II, there is no entitlement to supplementary assistance with living expenses under the SGB XII during the reduction.

7

Filing a legal action before the social court

Under § 87 Abs. 1 Satz 1 in conjunction with Abs. 2 SGG, the time limit for lodging an action is one month from notification of the ruling on the objection. The social court of your place of residence has jurisdiction; you can bring the legal action in writing or to the record of the court registry. The procedure is free of court costs for benefit recipients under § 183 Satz 1 SGG, and there is no mandatory representation by a lawyer under § 73 SGG. The statistics temper excessive expectations: in 2025, 53,164 legal actions were filed under the SGB II — 4,379 more than the previous year — and 52,858 were concluded; in around two thirds of cases the Jobcenter's approach was confirmed, while in just under one third the legal action led to a new decision.

8

After the deadline: request for review under § 44 SGB X

If you have missed the objection deadline, the notice becomes final — but the case is not lost because of that. Through the request for review under § 44 SGB X, the Jobcenter can subsequently withdraw an unlawful administrative act that is not favourable to you. An important restriction applies for the SGB II: under § 40 Abs. 1 Satz 2 SGB II, a period of one year replaces the four-year period under § 44 Abs. 4 Satz 1 SGB X, so benefits are provided retroactively for at most one year. Submit the request informally, specifically name the notice, and attach the evidence that was missing in the original procedure.

Fees & costs

Procedure / itemCosts
Objection to the JobcenterNo fee
Legal action before the social court (§ 183 Satz 1 SGG)Free of court costs
Application for interim relief under § 86b Abs. 1 Satz 1 Nr. 2 SGGFree of court costs
Lawyer in the objection procedureAdvisory assistance (BerHG)
Lawyer in the legal action procedureLegal aid (PKH) under § 73a Abs. 1 SGG
Reimbursement in the case of a successful objectionNecessary expenses (§ 63 SGB X)
Abusive legal actionCosts for fault (§ 192 SGG)

Important notes

Common mistakes

Letting the one-month deadline lapse

After one month from notification, the reduction notice becomes final. Then only the request for review under § 44 SGB X remains — and there, because of § 40 Abs. 1 Satz 2 SGB II, benefits are provided retroactively for at most one year, not four years as elsewhere in social law.

Relying on the 30% limit

Anyone who assumes that at most 30% may be deducted underestimates § 31a Abs. 7 Satz 1 SGB II: if a reasonable job is refused, the standard needs rate lapses entirely. The result is one to two months without any standard benefit at all — with the exception of the one-euro approval to secure health insurance coverage.

Lodging only an objection, without also applying for interim relief

Because § 39 Nr. 1 SGB II excludes suspensive effect, the deduction continues throughout the entire objection procedure. Because the reduction period often lasts only one to three months, the sanction has regularly already expired before a decision is reached — the application for interim relief under § 86b Abs. 1 Satz 1 Nr. 2 SGG then remains the only way to get money quickly.

Leaving the hearing letter unanswered

Anyone who does not respond in the hearing procedure under § 31a Abs. 2 SGB II in conjunction with § 24 SGB X gives up their good reason: the Jobcenter then decides solely on the basis of the file. In the objection, you then have to painstakingly substantiate the facts after the event, and evidence that was not obtained close to the time is hardly ever possible to replace later.

Missing further reporting appointments

Under § 7b Abs. 4 SGB II, if three consecutive reporting appointments are missed, the entitlement to benefits lapses entirely: for one calendar month, Grundsicherungsgeld is still provided without the benefits covering the standard needs rate, after which the accommodation benefit also lapses until the end of the approval period, unless a personal appearance takes place. In the extreme case, this puts the home itself at stake.

Only announcing the objection by phone

§ 84 Abs. 1 Satz 1 SGG recognises four forms — in writing, electronically under § 36a Abs. 2 SGB I, as a substitute for written form under § 36a Abs. 2a SGB I and § 9a Abs. 5 OZG, or to the record at the authority. A phone call is not one of them: the deadline continues to run unchecked, and the notice becomes final.

Making claims without evidence

In 2025, 291,515 objections under the SGB II — 61.14% — were rejected or withdrawn. A certificate, proof of childcare, or proof of job applications often decides the case more than the legal arguments, because in just under half of successful objections a new decision was only possible once documents were submitted later.

Failing to make the declaration of willingness

Without a declaration under § 31a Abs. 1 Satz 2 SGB II, the reduction runs for the full period of up to three months. Anyone who, by contrast, declares, seriously and lastingly, that they are willing to fulfil their obligations in future can end the sanction after the minimum month has elapsed (§ 31b Abs. 2 Satz 2 SGB II) — which is often faster than any legal remedy.

Frequently asked questions

May the Jobcenter deduct more than 30%?
Yes. The 30% limit under § 31a Abs. 4 Satz 1 SGB II applies only to repeated breaches of obligation and failures to report. If an employable person entitled to benefits does not take up a reasonable job, the entitlement to benefits lapses, by way of exception, in the amount of the entire standard needs rate under § 31a Abs. 7 Satz 1 SGB II. The requirement is that taking up the job was actually and immediately possible and was refused intentionally — this is exactly where an objection should focus.
Is the rent reduced in the case of a sanction?
Generally not: under § 31a Abs. 4 Satz 2 SGB II, the amounts paid for the costs of accommodation and heating that result from the calculation may not be reduced by a benefit reduction. In cases under § 31a Abs. 7 Satz 3 SGB II, however, the Grundsicherungsgeld for accommodation and heating is to be paid to the landlord or other recipients entitled to it. Under § 7b Abs. 4 SGB II, the entitlement even lapses entirely if three consecutive reporting appointments are missed, so that after one transitional month the accommodation benefit also lapses.
How long does a benefit reduction last?
For a breach of obligation, the reduction period under § 31b Abs. 2 Satz 1 SGB II is three months, for a failure to report under § 32 Abs. 2 Satz 2 SGB II one month. In cases under § 31a Abs. 7 SGB II, the reduction is lifted after one month if the possibility of taking up the job no longer exists, but at the latest after two months (§ 31b Abs. 3 SGB II).
What are the prospects of success for an objection?
The Bundesagentur für Arbeit decided 476,728 objections under the SGB II in 2025, of which 147,213 led to a change in the decision — around 31%. 291,515 objections (61.14%) were rejected or withdrawn, and only 42,303 cases (around 9%) were due to the Jobcenter applying the law incorrectly. In just under half of the successful cases, a new decision was only possible during the objection procedure, because missing documents were submitted later or obligations to cooperate were fulfilled.
Do I have to accept the deduction during the objection?
Initially, yes: under § 39 Nr. 1 SGB II, an objection and a rescissory action against a notice finding the breach of obligation and the reduction of the entitlement to payment do not have suspensive effect. The social court can, however, order suspensive effect on application under § 86b Abs. 1 Satz 1 Nr. 2 SGG. If the objection is later successful, the withheld amount is paid out retroactively.
In what form must the objection be lodged?
§ 84 Abs. 1 Satz 1 SGG allows four routes: in writing, in electronic form under § 36a Abs. 2 SGB I, as a substitute for written form under § 36a Abs. 2a SGB I and § 9a Abs. 5 OZG, or to the record at the body that issued the administrative act. The time limit is one month from notification of the notice, or three months if notification is made abroad. A mere phone call to the Jobcenter does not preserve the deadline.
What does an objection or legal action cost?
The objection procedure at the Jobcenter is free of charge, and the procedure before the social courts is free of court costs for benefit recipients under § 183 Satz 1 SGG; there is no mandatory representation by a lawyer under § 73 SGG. You initially bear your own lawyer's costs yourself: in the objection procedure, advisory assistance under the Beratungshilfegesetz helps, and in the legal action procedure, legal aid under § 73a Abs. 1 SGG in conjunction with §§ 114 ff. ZPO, which requires sufficient prospects of success, no abuse of process, and financial need. If the objection was successful, the necessary expenses are to be reimbursed under § 63 SGB X.
Can I end an ongoing sanction early?
Yes. Under § 31a Abs. 1 Satz 2 SGB II, the reduction must be lifted as soon as you fulfil your obligations, or subsequently declare, seriously and lastingly, that you are willing to fulfil them in future. Under § 31b Abs. 2 Satz 2 SGB II, however, the reduction must have lasted at least one month. The declaration should reach the Jobcenter in writing and verifiably.
What applies if the objection deadline has expired?
Then the notice becomes final and what remains is the request for review under § 44 SGB X. A special rule applies for the SGB II here: § 40 Abs. 1 Satz 2 SGB II sets a period of one year in place of the four-year period under § 44 Abs. 4 Satz 1 SGB X, so benefits are provided retroactively for at most one year.

Related official procedures

Cannot find the official procedure you are looking for?

Tell us what information you need.

Send a request