Cash benefit
According to § 11 SGB I, the cash benefit is a possible form of providing social benefits in addition to benefits in kind and services.
Whether a certain benefit is provided as a cash benefit is regulated differently in the special parts of the Social Security Code. In social assistance ( SGB XII ), cash benefits have express priority over goods or services, unless the beneficiary wishes otherwise and the goal of social assistance cannot be achieved as goods or services much better or more economically than in the form of cash benefits ( § 10 SGB XII).
Further examples of cash benefits are BAföG , job assistance or the budget for work . The death benefit as a benefit of the German statutory health insurance was abolished on January 1, 2004.
Cash benefits rules
As a rule, cash benefits should be transferred to the recipient's bank account within the European Union. If requested by the beneficiary, they can also be sent in the form of a cashier's check at no additional cost ( Section 47 SGB I). However, some special parts of the Social Security Code have regulations that differ from this, such as SGB II ( unemployment benefit II ); There, payment by check is subject to a fee, unless the beneficiary claims that he does not have a bank account through no fault of his own.
A diversion of cash benefits to the spouse and the children is possible if the beneficiary does not meet his legal maintenance obligation. The children also include foster children and stepchildren who are not legally entitled to maintenance from their foster parents or step-parents ( Section 48 SGB I). If the person liable for maintenance is in detention for more than a month due to a court order, the benefits are to be diverted if he or the persons entitled to maintenance so request ( Section 49 SGB I). The authority that pays for the accommodation can transfer the claim to cash benefits minus the maintenance claims of the relatives by written notification ( Section 50 SGB I).
A set-off of cash with claims on the claimant is permissible, as far as these benefits seizure subject ( § 51 SGB I). Also, a clearing between two power sources under these conditions is permitted ( § 52 SGB I).
One-off cash benefits can only be seized if the seizure is fair due to the special circumstances of the individual case. Current cash benefits can be seized according to the same criteria as earned income, i.e. anything that exceeds the allowance for earned income according to Section 850c of the German Code of Civil Procedure (ZPO) can be seized unless the competent enforcement court decides otherwise . Certain cash benefits are excluded from the seizure from the outset, e.g. B. Parental allowance and maternity allowance ( § 54 SGB I).
Cash benefits can generally be inherited if they had already been determined in terms of reason and amount at the time of death or if administrative proceedings for these cash benefits were still pending at the time of death ( Section 59 SGB I). However, the Social Security Code standardizes a so-called special legal succession: according to this, entitlements to cash benefits of a deceased are initially due to the next of kin (spouse, children (including siblings), parents (including grandparents or great-grandparents) or caregiver), provided that they ran a joint household with the deceased or have substantially entertained him ( § 56 SGB I). If these persons do not waive their claims within a period of six weeks, they are liable to the service provider in full like an heir ( § 57 SGB I). Only if there are no special legal successors, or if they have all waived, do the provisions of civil inheritance law apply, with the exception that the tax authorities cannot inherit cash benefits ( Section 58 SGB I).
Cash benefits can be paid as an advance, provided that the reason for the entitlement is certain and the calculation of the amount is likely to take a longer period of time. If, after the final calculation of the benefits, there is an overpayment, the service provider is entitled to a reimbursement claim against the beneficiary by virtue of law ( Section 42 SGB I).
Individual evidence
- ↑ Overview: Account seizure protection of social benefits and child benefit (increased seizure allowance according to § 850k Paragraph 2 ZPO) Overview of the Federal Ministry of Social Affairs , status: May 2010
- ↑ Norbert Finkenbusch: Reimbursement of costs - special legal succession or inheritance January 8, 2012
- ↑ cf. BSG, judgment of October 24, 2013 - B 13 R 35/12 R Reimbursement of wrongly rendered cash benefits for the period after the death of the beneficiary
