Benefit notification
The performance notification is a frequent sub-case of a notification and an administrative act with which an authority notifies a benefit claim or asserts a payment claim.
species
A distinction must be made between a notification of approval and a notification of amendment. With the approval notification , the recipient is informed of the legal basis and the amount of the entitlement to benefits. The notification of change requires the existence of a notification of approval and changes its content. With a notice of benefits, the recipient can also be asked to pay a certain amount to the issuing authority (e.g. notice of fees ). The notification must clearly explain the reason for which it was issued. For example, a decision is issued regarding the reclamation of wrongly drawn public funds .
Legal issues
As an administrative act, the performance notice is subject to the provisions of the Administrative Procedure Act (VwVfG). According to § 37 VwVfG, the content must be sufficiently defined, is usually issued in writing or in electronic form and must indicate the issuing authority and contain the signature or name of the head of the authority , his representative or his representative. In the case of a written administrative act that is issued with the help of automatic devices, the signature and name reproduction may be missing.
As part of a benefit notification, benefit grants are also made in accordance with the twelve books of the Social Security Code (such as unemployment benefit II , social benefit and benefits for education and participation in accordance with Section 19 SGB II ) or the Federal Training Assistance Act (BAföG).
According to Section 122 (2 ) AO, a notification is deemed to have been received or notified to the recipient three days after its creation, which is where the calculation of the deadline begins. A notice of benefits becomes final if it can no longer be challenged with legal remedies , either because the objection period has expired or because the appeal has been finally decided negatively. The performance notice ( claim ) is generally only enforceable when it becomes final . Under certain conditions, the notification can be enforced immediately (e.g. when ordering immediate enforcement ).
Completion
The execution of a performance notice usually does not lead to completion, because it continues to act as a legal reason for the execution. If, for example, the authority pays for a performance notice that has been issued, it does not lapse because it has been settled, but remains a legal basis and continues to apply.
