58 rule
The 58 rule is a special rule when receiving unemployment benefits , which is regulated in Section 428 of SGB III . The regulation was originally limited in time, but was extended several times and was last until 2008.
Unemployed people who had reached the age of 58 could deregister from the agency by means of a written declaration. As a result, they retained their right to unemployment benefits, but did not have to show any efforts to get a job. This regulation was introduced as Section 105c (1) AFG on December 20, 1985, as it was almost impossible for this group of people to find a new job for them in line with their previous activity. So it should be made possible for these people to live without the usual obligations up to the old age pension of unemployment benefits and then unemployment benefits .
With the Hartz reforms, unemployment benefits were abolished. Although there is an identical regulation for unemployment benefit II ( Section 65 (4) SGB II ), the unemployed have to be exposed to the usual crediting of income and assets. This practice has been confirmed by the Federal Social Court. The Federal Constitutional Court did not accept a constitutional complaint .
For people who fell under the 58 rule, a special rule applied to the accessibility order: these people were allowed to stay outside the immediate or local area for up to 17 weeks.
The 58 rule now only applies to people who have already reached the age of 58 before January 1, 2008 and were entitled to benefits.