Citizens' money practice pilloried: Job center errors cost nerves and money!

Citizens' money practice pilloried: Job center errors cost nerves and money!

In recent weeks, a hotly debated topic has caused a stir among recipients of citizens' benefit: job centers seem to operate in a gray area when it comes to reclaims. Again Mercury reports, the Federal Social Court (BSG) is dealing with the question of whether it is legal to combine reclaims and offsets in one decision. This particularly affects the situation of citizens' benefit recipients who have received too much money - often through no fault of their own.

The waves are running high because there are currently three procedures on this topic that are intended to clarify fundamental decisions regarding the practice of job centers. The focus is on the question of whether recipients of citizens' benefit may be affected by immediate cuts without having the opportunity to take action against the reimbursement notices. It turned out that different regional courts came to different conclusions, which plunged many recipients into legal uncertainty.

Inconsistent jurisprudence

After all, the state social courts (LSG) show different views: While the LSG Lower Saxony-Bremen considers it legal to link reimbursement claims and offsets in one decision, the Thuringian LSG sees this as problematic. Here it is required that the reimbursement notices are final before an offsetting takes effect. The differences mean that recipients of citizenship benefit are treated differently depending on where they live, which results in injustice for many.

A practical example comes from Berlin, where a family mistakenly received 3,000 euros too much citizen's benefit. The Berlin-Brandenburg State Social Court decided that the family could keep the money because the error was entirely the job center's fault. This shows that citizens' benefit notices are often so complex that they overwhelm even laypeople. This judgment sends a clear signal: errors in calculation must not be placed on the backs of benefit recipients.

The upcoming decision of the BSG

A decision by the BSG, which is due on September 23, 2025, could have far-reaching consequences. If the court decides in favor of the citizens' benefit recipients, many decisions could be classified as illegal. The repayment of requested amounts could be reversed, which would be of great financial relevance for many recipients. On the other hand, the authority would be up against a wall if it could not deviate from practice when it comes to returning incorrectly paid benefits.

Experts like Detlef Brock recommend that those affected lodge an objection to refund and set-off notices and seek legal advice. It is obvious: the legal uncertainties are dangerous for many and potentially threaten their existence. Bürgergeld.org points out that the key question is whether the set-off can be declared immediately in the refund notice or only after it has become effective.

The coming months will show how the legal situation will develop and whether the BSG can help recipients of citizens' benefit gain more legal certainty. Until then, many can only hope for a decision that could give them back some of their quality of life.