Back payment of pensions and offsetting with social assistance
A pension payment will usually be a reason to be pleased. However, it can certainly happen that it is offset against other social benefits. In particular, offsetting against social assistance is conceivable.
Social assistance is regulated in the twelfth book of the Social Security Code (SGB XII). This puts it at the very back of the extensive social security code, which also corresponds to its status. Because social assistance is a catch-all, it is subordinate to other social benefits.
Basics of social welfare
- ยง 2 SGB XII regulates the "subordination of social assistance". According to this regulation, those who do not receive social assistance through their own labor, their own income or assets or through others social benefits is secured.
- For the other social benefits that take precedence over social assistance, the so-called To think about basic security for job seekers according to SGB II. Basically everyone between the age of 15 receives benefits according to SGB II. Age and retirement age if they are able to work and in need of assistance.
- D. This means that social assistance primarily affects people in this age group who are not able to work. However, social assistance according to SGB XII also includes basic security in old age. This covers the age group that has already reached retirement age, their pension but is very low.
- In the case of basic security in old age, Section 41 Para. 4 SGB XII play a role. According to this regulation, no benefits will be paid to those who have caused their need "willfully or through gross negligence" in the previous ten years. This can relate to cases in which someone has given away their fortune or has lived in luxury, although he had to expect to lose the money or the money. Having to need assets for a living later on.
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Offsetting of back pension payments
- If someone receives social assistance in the form of basic security in old age, it may, under certain circumstances, be offset against back pension payments.
- Has the pension insurance for example, when calculating the pension is wasted and a higher pension is determined later, which is to be Back pension payments for a past period leads to the neediness due to the increased pension diminished.
- Accordingly, less social assistance is paid or may be offset or Offsetting the overpaid social assistance with the current social assistance receipts.
After the introduction of basic security for job seekers, social assistance is only a catch-all offense. It is particularly important in the form of basic security in old age.
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