Can the employment office count on an extra pension benefit?

Pension entitlements are often paid in arrears by the pension insurance institution. For benefit recipients under SGB II (Hartz IV), this may mean that the employment office settles the supplementary payment. It can even go so far that in the end there is nothing left of the additional payment.

Pension arrears are in principle regarded as income

A pension supplementary payment counts as income according to § 11 of SGB II. Additional payments are even explicitly mentioned here: “A one-off income also includes additional payments that are not made before the month of influx.”

For example, affected people who receive a full year of pension arrears should expect the employment office to cut benefits.

Not all retirement benefits are created equal

Danger: Not all retirement benefits can be credited by the employment office. The service provider may only take into account the special compensation if it fulfills the same purpose as Hartz IV. An end in itself is to secure livelihoods. This means that special pension benefits such as the thalidomide pension cannot be taken into account.

Also read:
– Pension Riester terminated – Labor center demands repayment Hartz IV

If the pension is deducted from the standard benefits, the Hartz IV voucher does not end automatically. This is also regulated in § 11 SGB II,

How is the pension arrears at Hartz IV counted?

So if the pension is paid out later, so that there is no arithmetic entitlement to Hartz IV in the month of transfer, the inflow is spread over six months. This means that the one-off transfer, divided as income, will be credited by the employment office to the current Hartz IV benefits for the next six months.

However, the additional payments should not always be credited in this form. Only in August 2016 did the legislator make a corresponding amendment to the Social Security Code. Before that time, the arrears were not allowed to be credited.

The legal situation before the reference date therefore applies to all older reports. However, the reports are final after six years and can therefore no longer be challenged.

Additional payment of the pension surcharge in the social assistance benefit

According to the case law of the Federal Social Court in SGB XII, the additional payment of the pension supplement for long-term insured in the month of receipt should be counted as current income.

This means that the additional payment above the monthly requirement must be made in the assets of the following month and exempt from settlement within the protective equipment (BSG AZ: B 4 AS 32/14 R). In SGB XII there is no regulation corresponding to § 11 para. 3 sentence 2 SGB II, which indicates an additional payment of current benefits as a one-off income.

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