Review request (social law)
A request for a review , and application for review or Zugunstenverfahren according to § 44 SGB X offers in the German social law the possibility of not favoring administrative acts even after entry of the existing power in a new administrative procedure to have it checked.
The purpose of the provision is to enforce the principle of the legality of administrative action and to give the administrative authority the opportunity to correct errors that have occurred in connection with the adoption of an administrative act, in order to establish material justice.
The application must specifically designate the administrative file (s) that are to be checked, as well as the reasons that are relevant in the applicant's opinion (legal errors and / or incorrect factual basis). There is no deadline, but social benefits are provided retrospectively for a maximum of four years. The retrospective review period for administrative acts according to SGB II ( unemployment benefit II ) and SGB XII ( social assistance ) has been shortened to one year since April 1, 2011 ( Section 40 SGB II, Section 116a SGB XII). This period begins at the beginning of the year in which the application was made ( Section 44 (4) sentence 3 SGB X).
Cancellation and reimbursement notices according to § 50 SGB X can be checked in accordance with § 44 Paragraph 1 SGB X. However, Section 44 (4) SGB X does not apply if the decision submitted for review became final more than four years earlier. It is therefore also possible to check reimbursement notices from a long time ago.
In the event of success, a review request leads to the withdrawal of the administrative act submitted for review and to subsequent payment of wrongly not provided social benefits or the reimbursement of wrongly raised contributions. A rejection of the request for review is a burdensome administrative act that can be challenged with objection and legal action . In this respect, a request for review also opens up the possibility of having the underlying decision reviewed by a court despite the final status.
Individual evidence
- ↑ BSG SozR 1300 § 44 No. 38 with further references
- ↑ BSG, judgment February 13, 2014, AZ B 4 AS 22/13 R
- ^ BSG, decision December 12, 1996, AZ 11 RAr 31/96