Unemployment benefit (Germany)

Unemployment benefit ( Alg ) is a benefit of the German unemployment insurance that is paid when unemployment occurs and depending on other conditions. It is usually paid for up to a year, and for older unemployed people up to two years. The third book of the Social Security Code (SGB III) contains the legal basis for unemployment benefits . There are similar benefits in all other European countries.

A distinction must be made between unemployment benefit and unemployment benefit II . In colloquial terms, unemployment benefit is therefore also referred to as unemployment benefit I to distinguish it from unemployment benefit II . Unemployment benefit II is an open-ended benefit that provides basic security for jobseekers and workers insofar as they cannot or not fully cover their livelihood with income, assets or other aids, such as unemployment benefit.

Eligibility requirements

According to § 137 SGB III (until March 31, 2012 § 118 SGB III old version), anyone who

is unemployed
has registered as unemployed at the employment agency and
has completed the qualifying period.

Anyone who has reached the age required for the regular old- age pension is not entitled to unemployment benefit from the beginning of the following month. Entitlement to unemployment benefits can be suspended or expired under certain conditions (see below).

unemployment

According to Section 138 (1) SGB III , anyone is unemployed

is not employed ,
tries to end his unemployment (self-efforts) and
is available for the placement efforts of the employment agency ( availability ).

A voluntary actuation does not exclude unemployment if thereby the integration of the unemployed or is not impaired. Further details are regulated in the Ordinance on Voluntary Work by the Unemployed (EhrBetätV).

Unemployment registration

The unemployed person has to register personally with the responsible employment agency . Registration is also permitted if unemployment has not yet occurred but unemployment is expected within the next three months.

Early jobseeker registration

A distinction must be made between the requirement to register as unemployed and the obligation to register as a jobseeker at an early stage : According to Section 38 SGB III, people whose employment or training relationship ends are obliged to register personally as a jobseeker at least three months before it is terminated. If the employee only becomes aware of its termination within the last three months of his employment relationship, he is obliged to register as a jobseeker within the next three days. The required jobseeker registration is possible at any office of the Federal Employment Agency. Employees who do not comply with this obligation without having good cause will not receive any benefits for the first seven days of their claim to unemployment benefit ( blocking period in the event of late jobseeker registration, Section 159 (1) No. 7, (6) SGB III) (until March 31, 2012 § 144 SGB III old version)

Qualifying period

The qualifying period is fulfilled according to § 142 SGB III (until March 31, 2012 § 123 SGB III old version) anyone who was subject to unemployment insurance for at least twelve months as an employee or for other reasons (e.g. parental leave , Military and community service). For the fulfillment of the qualifying period twelve months correspond to 360 days, because the month according to § 339 SGB III is calculated with 30 days.

The framework period is two years (retrospectively) and begins on the day before all other requirements for entitlement to unemployment benefit are met. From 2020 this time will increase from 24 to 30 months due to the Qualification Opportunities Act.

Exception in the event of incapacity for work

People who have completed the qualifying period but are not unemployed within the meaning of Section 138 SGB III due to their inability to work are still entitled to unemployment benefit according to Section 145 SGB III (so-called seamlessness regulation ). In practice, this is usually at disabled people in the case that from the basis of the duration of their disability sickness benefits Driven be.

In the case of this group of people, according to Section 145 (2) SGB III, the Employment Agency must immediately request the incapable of working to submit an application for medical rehabilitation or benefits for participation in working life within one month . If the incapacitated person does not meet this requirement, the claim is suspended after the deadline until the incapacitated person submits the respective application or submits an application for a disability pension to the responsible pension insurance institution.

Continued payment in the event of illness

If the unemployed falls ill while receiving benefits, the unemployment benefit will continue to be paid for a maximum of six weeks in accordance with Section 146 SGB III. Thereafter, the unemployed person is entitled to sick pay equal to the unemployment benefit. ( Section 47b SGB V) Unemployment benefit will continue to be paid if the conditions for granting child sickness benefit are met.

Amount of unemployment benefit

The assessment framework is one year, in special cases two years.

The assessment period includes the payroll accounting periods of the insurable jobs within the assessment framework, which are settled when leaving the respective employment relationship, certain times are not taken into account.

The assessment remuneration (EUR / day) is calculated from the total of all gross wages achieved in the assessment period , for which there was an obligation to contribute to unemployment insurance, in special cases deviations apply, divided by the calendar days of the assessment period. The assessment remuneration can be at most as high as the assessment ceiling in the unemployment insurance, in 2016 the assessment remuneration is a maximum of 203.84 EUR / day.

If the unemployed have received unemployment benefit within the last two years before the claim arises, the assessment remuneration is at least the remuneration according to which the unemployment benefit was last calculated.

In special cases, the assessment wage is fictitiously determined according to the qualifications achieved by the unemployed person. The fictitious assessment fee is 1/300, 1/360, 1/450 or 1/600 of the reference value . In 2016 this is EUR 50.40 / day to EUR 116.20 / day.

The lump-sum net remuneration or performance remuneration (EUR / day) is the assessment remuneration minus a flat-rate 20% as a contribution to social security as well as wage tax and the solidarity surcharge . The amount of income tax depends on the current tax class at the time of calculation. The tax class during the assessment period is irrelevant, as the gross wage is used for the calculation.

The general benefit rate is 60%, the increased benefit rate is 67%. This is due to an unemployed person who has a child for whom child benefit is received. The unemployed does not have to be the recipient of child benefit. In addition, the increased benefit rate is available to unemployed people whose spouse, who is not permanently separated, has at least one child for whom child benefit is received.

The daily unemployment benefit (EUR / day) is calculated from the formula: performance pay × 60% or 67%.

The unemployment benefit per full calendar month is 30 times the daily unemployment benefit (regardless of how many days the month actually has).

The self-calculation of unemployment benefits can be used on the website of the Federal Employment Agency.

Example of calculating unemployment benefit

The unemployment benefit is determined according to § 151 , § 154 SGB III (until March 31, 2012 § 131 or § 134 SGB III old version). According to § 151 SGB III days of the year are assumed to be 365 days and according to § 154 SGB III 30 days are assumed for a full month and thus 360 days per year.

First, the gross income that is subject to social security contributions for the last 12 months is determined. In 2019 this is a maximum of € 6,700 per month = € 80,400 per year (new countries € 6150 or € 73,800). This amount is divided by the days of the assessment period equal to 365 days. This results in the daily assessment fee .
A social insurance flat rate of 20%, wage tax and solidarity surcharge are deducted from this. This results in the daily performance fee .
60% of the performance fee (or 67% with child) is calculated. This gives the daily rate of performance . This is also the daily payment amount , provided no deductions are made to other entitled persons.
The daily payment amount is paid out in full months for 30 days, regardless of how long the month actually is (exception: partial months after actual calendar days). This is now the monthly payment amount .

Example of the income threshold in 2019 (West) in income tax bracket III with child.

to 1)

      6.700 €/Monat * 12 Monate     = 80.400,00 €
     80.400 €/Jahr / 365 Tage/Jahr  =    220,27 €/Tag Bemessungsentgelt täglich
                       (nach § 151 SGB III)

to 2)

     Sozialversicherungs-Pauschale
                  (20 % von 220,27 €):    44,05 €
     Lohnsteuer (Lohnsteuerklasse III):   54,68 €
     Solidaritätszuschlag:                 3,00 €
     -------------------------------------------
     Gesamtabzüge:                        101,73 €

     220,27 €/Tag - 101,73 €/Tag     =    118,54 €/Tag Leistungsentgelt täglich

to 3)

     118,54 €/Tag * 67 %            =     79,42 €/Tag Leistungssatz täglich

to 4)

      79,42 €/Tag * 30 Tage/Monat   =  2382,60 €/Monat Zahlbetrag monatlich
                       (nach § 154 SGB III)

Payment time

Unemployment benefit is regularly paid monthly in arrears.

Duration of receipt of unemployment benefit

How long an unemployed person can receive unemployment benefit depends on their age and the duration of the entire compulsory insurance relationship within the last five years ( Section 147 SGB III). Anyone who is not yet 50 years of age or has been employed subject to social security contributions for less than 30 months receives unemployment benefit for a maximum of one year:

according to compulsory insurance relationships of at least ... months	maximum subscription period in months
12	6th
16	8th
20th	10
24	12

Anyone who has been in a compulsory insurance relationship for more than a total of 24 months and is older than 50 will receive unemployment benefit for longer under certain conditions:

according to a mandatory insurance relationship of at least ... months	since January 1, 2008		Old regulation February 1, 2006 to December 31, 2007		Old regulation until January 31, 2006
	after completion of the… year of life	Subscription period in months	after completion of the… year of life	Subscription period in months	after completion of the… year of life	Subscription period in months
30th	50	15th	55	15th	45	14th
36	55	18th		18th		18th
44					47	22nd
48	58	24
52					52	26th
64					57	32

Reading example: Unemployed people who are 58 years of age and older and have been in a compulsory insurance relationship for more than 48 months receive a total of 24 months of unemployment benefit. (This also applies if your entitlement to unemployment benefit arose before December 31, 2007 ( Section 439 SGB III, until March 31, 2012 Section 434 r SGB III old version).)

The old regulations are only interesting for historical reasons; they are no longer used to calculate any claims.

Suspension of entitlement to unemployment benefit

Entitlement to unemployment benefits is suspended for certain periods. Rest means that unemployment benefits will not be paid during the rest period. In certain cases, the suspension leads to a reduction in the duration of the entitlement.

Conduct contrary to insurance

If the employee has acted in breach of insurance without having an important reason, the entitlement is suspended for the duration of a blocking period in accordance with Section 159 SGB III (until March 31, 2012 Section 144 SGB III old version) . The employee must present and prove the facts relevant for the assessment of an important reason if these are in his sphere or in his area of responsibility. At the same time, according to Section 148 SGB III (until March 31, 2012 Section 128 SGB III old version), the entitlement period is reduced by the number of days of the blocking period, in the case of a blocking period of twelve weeks when giving up work by at least a quarter of the entitlement period.

Conduct is contrary to insurance if

the unemployed person has terminated the employment relationship or has given cause for the termination of the employment relationship through behavior contrary to the employment contract and thereby caused unemployment willfully or through gross negligence (blocking period when giving up work),

the employee registered as jobseeker at the Employment Agency or the unemployed person, despite being informed about the legal consequences, does not accept or does not take up an employment offered by the Employment Agency, naming the employer and the type of activity, or the initiation of such an employment relationship, in particular the establishment of an interview, prevented by his behavior (blocking period in the case of job rejection),

the unemployed person, despite being instructed about the legal consequences, fails to provide evidence of the efforts required by the Employment Agency (blocking period in the event of insufficient efforts),

the unemployed person refuses to take part in a measure of aptitude assessment, a training measure or a measure for vocational training or further education or a measure for participation in working life despite being informed about the legal consequences (blocking period if a vocational integration measure is rejected),

the unemployed person breaks off participation in a measure mentioned in number 4 or gives rise to exclusion from one of these measures through behavior that is contrary to measures (blocking period when a vocational integration measure is broken off),

the unemployed person does not comply with a request from the Employment Agency to report or to appear for a medical or psychological examination despite being informed about the legal consequences (blocking period in the event of failure to report) or

the unemployed person has not complied with his obligation to register (blocking period in the event of late jobseeker registration ).

Receipt of other social benefits

According to Section 156 SGB III (until March 31, 2012 Section 142 SGB III old version), entitlement to unemployment benefit is also suspended during the period in which the unemployed person receives certain other social benefits

Wage replacement benefits due to illness or comparable facts: sickness benefit, injury benefit, maternity benefit, transition benefit
Pension due to total reduced earning capacity or due to old age
Vocational training allowance for the unemployed

Entitlement to unemployment benefit and vacation compensation

The entitlement to unemployment benefit is suspended according to Section 157 SGB III (until March 31, 2012 Section 143 SGB III old version) during the time for which the unemployed person receives or has to claim remuneration for work or due to termination of the employment relationship. If he does not actually receive these benefits, he will be paid unemployment benefits despite the rest.

Dismissal compensation

The claim is ultimately suspended if a severance payment (dismissal compensation) is paid due to the termination of the employment relationship and the employment relationship has been terminated without observing a period corresponding to the regular notice period of the employer ( Section 158 SGB III, until March 31, 2012 Section 143 a SGB III a. F.).

Unemployment benefit abroad

Unemployment benefit can only be claimed by people who have their place of residence or habitual abode in Germany. Exceptionally, if the other requirements are met, unemployed people who live abroad can also be entitled to unemployment benefit if they were previously employed as cross-border commuters in Germany. Unemployed people who only moved abroad after the end of their compulsory employment in Germany can receive unemployment benefit if they live near the border, so that they are able to take up employment in Germany at any time.

Loss of entitlement to unemployment benefit

Entitlement to unemployment benefits expires according to Section 161 of the Third Book of the Social Code (until March 31, 2012, Section 147 of the SGB III old version)

with the emergence of a new claim,
if the unemployed person has given cause for blocking periods with a total duration of at least 21 weeks, the unemployed person has received written notices about the occurrence of the blocking periods and the legal consequences of the occurrence of blocking periods with a total duration of at least 21 weeks have been pointed out ; This also takes into account blocking periods that occurred within a period of twelve months before the claim was made and that have not already led to the expiry of a claim.

Crediting of income from secondary activities

If the unemployed person works for less than 15 hours a week during a period for which he is entitled to unemployment benefit, the remuneration from the employment is after deduction of taxes, social security contributions and income-related expenses as well as an allowance of € 165 on the unemployment benefit to be taken into account for the calendar month in which the employment is carried out. This results from Section 155 (1) SGB III (until March 31, 2012 Section 141 (1) SGB III old version) in conjunction with V. m. Section 138 (3) SGB III.

It is important to ensure that the maximum number of hours of less than 15 hours is not reached within one week of employment. This means that if the employee starts work on a Wednesday, those hours are recorded that are worked between Wednesday and Tuesday of the following week. The week of employment therefore does not correspond to the calendar week.

If, in the last 18 months before the claim arises, in addition to a compulsory insurance relationship, the unemployed exercised gainful employment (e.g. self-employment) in addition to the compulsory insurance relationship for at least twelve months, the income from this remains deductible up to the amount that was in the last twelve Months before the entitlement arose through this employment. ( Section 155 (2) SGB III) This also applies if the unemployed person loses this secondary job and takes up a new secondary job while receiving unemployment benefits.

Unemployment benefit for further vocational training

The unemployment benefit for continuing vocational training in accordance with Section 144 of the Third Book of the Social Code corresponds to the maintenance allowance applicable until 2003 . It is paid if the unemployed person is in further vocational training that is funded according to SGB III.

The other regulations correspond to the unemployment benefit. Income from professional development is not taken into account up to an amount of 400 euros. ( § 155 Abs. 3 SGB III)

The duration of professional training is only added to half of the remaining entitlement to unemployment benefit. If the remaining entitlement to unemployment benefits were to fall to less than 30 days as a result of continuing vocational training, the entitlement to unemployment benefits remains in this amount for the entire duration of the continuing vocational training. ( Section 148 (2) sentence 3 SGB III)

Further claims

If you receive unemployment benefit, you may - under other conditions - be entitled to support for self-employment. Starting a full-time and self-employed existence can be funded with a start-up grant; since the change in the law on December 28, 2011, there is no longer any legal entitlement.

The receipt of unemployment benefit does not exclude the additional receipt of unemployment benefit II or housing benefit (priority entitlement to ALG II).

Social insurance for unemployment benefit recipients

Recipients of unemployment benefit are compulsorily insured in the statutory pension, health and long-term care insurance while receiving the benefit. You are also insured against accidents if you comply with a special request from an agency of the Federal Employment Agency to visit this or another agency.

The Federal Agency alone bears the social security contributions to be paid. It also pays the surcharge for childless long-term care insurance contributions by transferring a flat rate of € 20 million per year to the long-term care insurance compensation fund for all beneficiaries. The contributions are based on 80% of the earnings on which the unemployment benefit is based.

Tax aspects

Like all wage replacement benefits , the unemployment benefit is tax-free according to Section 3 No. 2 EStG , but is subject to the progression proviso according to Section 32b Paragraph 1 No. 1 EStG. The taxpayer must therefore state any unemployment benefit received in the income tax return. This is not the case with unemployment benefit II introduced in 2005 .

literature

Rolf Winkel, Hans Nakielski: 111 Tips for the unemployed - unemployment compensation . 13th edition. Bund-Verlag, Frankfurt am Main 2011, ISBN 978-3-7663-6025-0 .

Web links

Wiktionary: unemployment benefit - explanations of meanings, word origins, synonyms, translations

Individual evidence

↑ Gesine Stephan: A longer framework period has manageable effects
↑ § 150 paragraph (1) sentence 2 and paragraph (3) SGB III
↑ § 150 paragraph (1) sentence 1 and paragraph (2) SGB III
↑ § 151 paragraph (1) - (3) SGB III
↑ § 151 paragraph (4) SGB III
↑ § 152 SGB III
↑ haufe.de assessment remuneration when receiving unemployment benefit
↑ Planned change in the social security allowance for unemployment benefits. Accessed January 31, 2020 .
↑ self-calculation - www.arbeitsagentur.de. Retrieved May 30, 2017 .
↑ http://www.pub.arbeitsagentur.de/selbst.php#results
↑ Section 127 (2) SGB III in the version of the Seventh Act to amend the Third Book of the Social Code and other laws of April 8, 2008, Federal Law Gazette I, p. 681.
^ Federal Social Court, judgment of October 7, 2009 , Az .: B 11 AL 25/08 R.
^ BSG, July 1, 2010, AZ B 11 AL 31/09 R
↑ Federal Law Gazette . Retrieved April 23, 2019 .
↑ § 3 Sentence 1 No. 3 SGB VI
↑ § 5 Paragraph 1 No. 2 SGB V
↑ § 20 Paragraph 1 No. 2 SGB XI
↑ § 2 Paragraph 1 No. 14 SGB VII
↑ § 170 Paragraph 1 No. 2b) SGB VI ; Section 251 Paragraph 4a SGB V Section 59 (1) sentence 1 SGB XI i. V. m. Section 251 (4a) SGB V
↑ § 60 Paragraph 7 SGB XI
↑ § 166 Paragraph 1 No. 2) SGB VI; Section 232a Paragraph 1 No. 1 SGB V; Section 57 (1) sentence 1 SGB XI i. V. m. Section 232a Paragraph 1 No. 1 SGB V

[1] Gesine Stephan: A longer framework period has manageable effects

[2] § 150 paragraph (1) sentence 2 and paragraph (3) SGB III

[3] § 150 paragraph (1) sentence 1 and paragraph (2) SGB III

[4] § 151 paragraph (1) - (3) SGB III

[5] § 151 paragraph (4) SGB III

[6] § 152 SGB III

[7] ufe.de assessment remuneration when receiving unemployment benefit

[8] Planned change in the social security allowance for unemployment benefits. Accessed January 31, 2020 .

[9] self-calculation - www.arbeitsagentur.de. Retrieved May 30, 2017 .

[10] ttp://www.pub.arbeitsagentur.de/selbst.php#results

[11] Section 127 (2) SGB III in the version of the Seventh Act to amend the Third Book of the Social Code and other laws of April 8, 2008, Federal Law Gazette I, p. 681.

[12] Federal Social Court, judgment of October 7, 2009 , Az .: B 11 AL 25/08 R.

[13] BSG, July 1, 2010, AZ B 11 AL 31/09 R

[14] Federal Law Gazette . Retrieved April 23, 2019 .

[15] § 3 Sentence 1 No. 3 SGB VI

[16] § 5 Paragraph 1 No. 2 SGB V

[17] § 20 Paragraph 1 No. 2 SGB XI

[18] § 2 Paragraph 1 No. 14 SGB VII

[19] § 170 Paragraph 1 No. 2b) SGB VI ; Section 251 Paragraph 4a SGB V Section 59 (1) sentence 1 SGB XI i. V. m. Section 251 (4a) SGB V

[20] § 60 Paragraph 7 SGB XI

[21] § 166 Paragraph 1 No. 2) SGB VI; Section 232a Paragraph 1 No. 1 SGB V; Section 57 (1) sentence 1 SGB XI i. V. m. Section 232a Paragraph 1 No. 1 SGB V