Entry fee
| Basic data | |
|---|---|
| Title: | Ordinance on the assessment of entry fees |
| Short title: | Entry fee regulation |
| Abbreviation: | ESGV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 16b (3) SGB II |
| Legal matter: | Social law |
| References : | 860-2-11 |
| Issued on: | July 29, 2009 ( BGBl. I p. 2342 ) |
| Entry into force on: | August 1, 2009 |
| Last change by: |
Art. 8 G of March 24, 2011 ( Federal Law Gazette I pp. 453, 494 ) |
| Effective date of the last change: |
April 1, 2011 (Art. 14 para. 3 G of March 24, 2011) |
| GESTA : | G022 |
| Please note the note on the applicable legal version. | |
The entry allowance (ESG) is a social benefit to support after setting up a business or to support the start of an activity subject to social insurance for recipients of unemployment benefit II according to SGB II in Germany. From an economic policy point of view, it is a subsidy . The entry fee is granted as a discretionary service . It is paid in addition to unemployment benefit II. In addition to entry allowance, recipients of unemployment benefit II can also receive benefits for the integration of self-employed persons in accordance with Section 16c of the Second Book of the Social Code when taking up or exercising self-employed activities for the procurement of material goods .
Recipients of unemployment benefits according to SGB III can apply for a start- up grant to make it easier to set up a business .
Legal basis
The legal basis for the entry fee can be found in Section 16b SGB II and the Entry Fee Regulation.
Eligibility requirements
Entry allowance can be granted to those in need of help who are able to work when they take up social insurance or self-employment if this is necessary for integration into the general labor market. In principle, all persons are eligible who meet the eligibility requirements of § § 7 ff and are therefore entitled to claim Hartz IV benefits.
In principle, the application must be submitted before actually taking up employment. If you have already taken up employment without having previously submitted an application, you are no longer required to receive an entry fee.
Duration of funding
The duration of the grant is limited to a maximum of 24 months and is determined by the basic security provider.
Amount of funding
When measuring the amount of the entry fee, the previous duration of unemployment and the size of the benefit community in which the employable needy person lives should be taken into account. In addition, a reference to the relevant standard benefit for the employable person in need of assistance must be established. The Entry Fee Ordinance (ESGV) distinguishes between two types of entry fee assessment: the individual assessment ( Section 1 ESGV) and the lump sum assessment ( Section 2 ESGV).
Case-by-case measurement
In the case of individual assessment, a monthly basic amount is granted, to which additional amounts are to be added.
Basic amount
The basic amount takes into account the relevant monthly standard benefit for the employable person in need of assistance and may amount to a maximum of 50% of this individual standard benefit. During the assessment, it can be specified that the amount of the basic amount changes within the funding period depending on the funding period.
Supplementary amount for unemployment
A supplementary amount should be paid for people in need of help who are fit for work and who have been unemployed for two years or more before taking up social insurance or self-employment that is supported by the entry allowance. The supplementary amount corresponds to 20% of the standard benefit according to Section 20, Paragraph 2, Clause 1 of SGB II (currently € 416). In the case of people whose integration into work is difficult due to personal circumstances, the supplementary amount should be paid after a previous period of unemployment of at least six months. For the calculation of the duration of unemployment, Section 18 (2) SGB III applies accordingly.
Supplementary benefit community
In the case of employable needy persons who live with other persons in a community of need, a supplementary amount of 10% of the standard benefit according to Section 20 (2) sentence 1 SGB II (currently € 416) should be granted for each additional person entitled to benefits .
capping
In the individual assessment, the entry fee may not exceed a total monthly amount of the standard benefit according to Section 20, Paragraph 2, Clause 1 of Book II of the Social Code (currently € 424).
Flat rate measurement
The entry fee can also be calculated on a flat-rate basis if this is necessary for the integration of groups of people who require special support into the general labor market. The amount is not regulated by law and is set by the responsible basic security provider. During the assessment, it can be specified that the amount of the entry fee changes within the funding period depending on the funding period. The entry fee may not exceed a total monthly amount of 75% of the standard benefit according to Section 20 (2) sentence 1 SGB II (2020: € 432) in the lump-sum assessment .
social insurance
Recipients of unemployment benefit II are in accordance with Section 5 (1) No. 2a SGB V in the statutory health insurance, in accordance with Section 20 (1) sentence 2 No. 2a SGB XI in social long-term care insurance and in accordance with Section 3 sentence 1 No. 3a SGB VI in insured by the statutory pension insurance. As of January 1, 2011, the coverage in the statutory pension insurance for recipients of unemployment benefit II (Hartz-IV) has changed: You are no longer subject to compulsory insurance.
Tax treatment
The entry fee is not part of the taxable income and is also not subject to the progression proviso .
Individual evidence
- ^ Text of the entry fee regulation
