Germany: Regulations on social security benefits and maintenance

In Germany, legal guidelines clarify how social security benefits, such as Bürgergeld and Grundsicherung, are calculated regarding maintenance payments and household compositions.

Regarding maintenance, authorities are not permitted to deduct maintenance or advance maintenance payments (Unterhaltsvorschuss) from benefits if the funds have not actually been paid. Under SGB II and SGB XII, income is defined as funds that a recipient can actually use. If a recipient has taken all reasonable steps to claim maintenance but the money has not arrived due to delays or ongoing proceedings, the Jobcenter or Social Office cannot treat it as fictitious income.

Additionally, the legal concept of a 'Bedarfsgemeinschaft' (benefit community) determines how benefits are distributed. A benefit community can consist of a single person or includes spouses, registered partners, or individuals in a long-term committed relationship. Under SGB II, this also includes parents and their unmarried children living in the same household who are under the age of 25. Living arrangements that do not meet these specific legal criteria are classified as a 'Haushaltsgemeinschaft' (household community) rather than a benefit community.