Will the office claim the money back from my children?
Generally not. § 94 Abs. 1a SGB XII only allows a transfer of maintenance claims to the social assistance institution if the annual income of the person liable for maintenance exceeds €100 000 – with several children, the threshold applies to each one individually. And the decisive sentence reads: “It is presumed that the income of the persons liable to provide maintenance … does not exceed the annual income threshold.” In practice this means: the Sozialamt does not routinely ask about your children’s income and must have concrete indications to rebut the presumption. This rule has applied since the Relatives’ Relief Act (Angehörigen-Entlastungsgesetz) and is the reason why the common worry is today largely unfounded.
My pension is higher than €563 — is it still worth applying?
Very probably yes, and this is the second most common reason for not applying. What is compared is not your pension with the standard rate, but with the total need: standard rate plus appropriate costs for accommodation and heating plus any additional needs. With a €563 standard rate and a rent including service charges and heating of around €500, the need already exceeds €1,000; anyone below that has an entitlement to the difference. In addition, contributions to health and long-term care insurance can be assumed. Calculate with the rent, therefore, before you talk yourself out of the application – and if you are unsure, have it estimated by the Sozialamt or a social advice centre.
From when do I have an entitlement?
Either from reaching the age limit – it follows the standard retirement age of the statutory pension insurance and depends on your year of birth – or, regardless of age, if you permanently have full reduced earning capacity. This determination is made by the pension insurance, not by the Sozialamt. The distinction from a limited-period determination is important: if the full reduced earning capacity is only determined for a limited period, it is not basic income support under Chapter Four that applies, but assistance with living expenses under Chapter Three – the same amount, but a different chapter with some different rules. Ask, if in doubt, which chapter is being applied.
Is it paid retroactively?
No, and this is a key difference from other social benefits. Basic income support is granted from the point in time at which the Sozialamt becomes aware of the need – for the time before that there is nothing, however much in need you were then. Every month of hesitation is therefore lost for good, and for a benefit that is often received over years, that adds up considerably. The application is possible informally: a phone call, an email or a sentence at the Sozialamt counter is enough to set the date; you submit the documents afterwards. Anyone who first gathers everything and then applies gives up exactly these months.
Am I allowed to keep a home of my own?
Generally yes. § 90 Abs. 2 SGB XII protects, among other things, an appropriate owner-occupied residential property – ownership does not therefore automatically exclude entitlement. What is appropriate depends on size, layout, value and the number of occupants and is assessed in the individual case; a generally applicable square-metre figure cannot be given here. Also protected are items needed for an occupation or training, as well as family heirlooms; for cash assets the implementing ordinance sets €10,000 per person, and subsection 3 contains a hardship rule. Do not liquidate anything, therefore, before you have taken advice.
How often do I have to repeat the application?
Approval is generally granted for twelve months. After that a renewal application is needed, and it does not happen automatically – even if nothing has changed. Submit it in good time before the approval period expires: if a gap arises, it is not closed retroactively, because here too payment is not retroactive. Many offices send a reminder, but you should not rely on it; note the expiry date yourself. Changes that increase the need – for example a rent increase or a newly determined disability code – should, moreover, be reported immediately and not left until the renewal application.
What is the difference from the Grundsicherungsgeld paid by the Jobcenter?
Capacity for work. Anyone able to work at least three hours a day under usual conditions receives benefits from the Jobcenter (job centre) under Book Two of the Social Code (SGB II); there, under § 19 Abs. 1 SGB II, the benefit is called Grundsicherungsgeld (basic income support benefit for jobseekers) – the former name Bürgergeld (citizen’s benefit) is outdated but still appears in many guides. Basic income support in old age and in the event of reduced earning capacity from the Sozialamt, by contrast, is aimed at people who have reached the age limit or permanently have full reduced earning capacity. The standard rates are identical; the procedures differ, and in particular the Sozialamt has no cooperation plan under § 15 SGB II — which replaced the integration agreement in 2023 — and no obligation to seek work.
Do I have to account for it every month?
No. Unlike benefits with fluctuating earned income, basic income support is designed for a stable situation: it is granted for twelve months, and during this time you only need to report changes that affect the entitlement – for example a pension adjustment, a rent increase, an inheritance, a move or a longer stay abroad. You should take this reporting duty seriously, because amounts overpaid are reclaimed; but report just as promptly the changes that increase the need, because these too only take effect from when the office becomes aware of them.
