Partner's income wrongly counted: How to check the Jobcenter calculation

Your partner earns money, and suddenly you receive almost no Bürgergeld anymore. The Jobcenter counts his income fully against your need — without allowances, without deductions, often using gross wages instead of net. In many cases this is exactly wrong from a legal standpoint. We show you how the offsetting must really work and where to recalculate.

The essentials in 30 seconds

• In a needs community (Bedarfsgemeinschaft, BG) — all persons in a household whose income is jointly counted — the partner's income counts, but only insofar as it exceeds his own need (§ 9 Abs. 2 SGB II).
• What is generally counted is the net income, not the gross (§ 11b SGB II).
• For the partner too, a basic allowance of 100 € and the staggered allowance of 20 % / 30 % / 10 % under § 11b Abs. 3 SGB II apply.
• Interest on debts and business expenses from self-employment must be deducted when determining income (§ 11a SGB II, § 3 Bürgergeld-V).
• Appeal deadline: one month from receipt of the decision. After that only the review application (Überprüfungsantrag, § 44 SGB X) helps.

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Why does this happen?

In a Bedarfsgemeinschaft the need of all members shares a common pot. If a partner earns money, the Jobcenter draws on it to cover the need of the community. That is fundamentally correct — it stands so in § 9 Abs. 2 SGB II. But: the law requires a clean calculation chain. First the earner's own need is covered. Only the surplus flows to the other members. And from the gross sum, taxes, social security contributions, work-related expenses and the allowances under § 11b SGB II must be deducted beforehand.

It is precisely on this calculation chain that Jobcenters fail again and again. Often the gross is simply taken, the basic allowance of 100 € is forgotten and the staggered allowance is not applied. Sometimes the sole earner is fully allocated to the other partner without deducting his own share of need. The result is often 300 to 600 € too little per month.

Example from practice: Frau K. and Herr L. live together as a couple. Herr L. works full-time and earns 1800 € net. Frau K. is job-seeking and receives Bürgergeld. The Jobcenter counts the full 1800 € as income of the needs community and effectively cancels everything for her. Correct would be: from the net first deduct 100 € basic allowance, then calculate staggered allowances, then cover Herr L.'s own need — and only the remaining rest may be counted against Frau K.'s need.

The most common calculation errors at a glance

1. Gross instead of net. The Jobcenter deducts the gross wage from the need and ignores taxes and social security contributions. What is legally decisive, however, is the adjusted net income.
2. Forgetting work-related expenses. Travel costs to work, work clothing, union contributions — all this may be deducted under § 11b Abs. 1 SGB II if it exceeds the flat rate.
3. Partner's allowances not applied. The earning partner is also entitled to the 100 € basic allowance plus staggered allowance. These allowances apply separately to each gainfully employed person in the needs community.
4. Overlooking interest on debts from self-employment. Self-employed persons may, under § 3 Bürgergeld-V, deduct business-related interest on debts. This is often forgotten.
5. Sole earner fully allocated. The income of the sole earner may only be horizontally distributed to the others after covering his own share of need. Often the Jobcenter calculates as if the entire gross wage were freely available.
6. Insurance flat rate missing. In addition to the basic allowance, every adult member is entitled to a 30 € insurance flat rate (§ 6 Abs. 1 Nr. 1 Bürgergeld-V), if private insurances exist.
7. Child benefit counted twice. Child benefit is counted with the child, not additionally with the earning parent. A double offsetting is unlawful.

Calculation example: couple with sole earner 1800 € net

Herr L. and Frau K. live in a needs community. Both receive as partners Regelbedarfsstufe 2 = 506 € each. The rent is 600 € warm, i.e. 300 € per head. Total need of the needs community: 2 × 506 € + 2 × 300 € = 1612 €.

Herr L. earns 1800 € net from a full-time position.

How the Jobcenter calculates correctly:

• Net income: 1800 €
• Basic allowance under § 11b Abs. 2 SGB II: 100 €
• Staggered allowance under § 11b Abs. 3 SGB II:
  • 20 % of (520 € − 100 €) = 84 €
  • 30 % of (1000 € − 520 €) = 144 €
  • 10 % of (1200 € − 1000 €) = 20 €
  • Sum of staggered amount: 248 €
• Total allowance: 100 € + 248 € = 348 €
• Countable income: 1800 € − 348 € = 1452 €
• Need of the BG 1612 € − countable income 1452 € = 160 € residual entitlement per month

Typical Jobcenter error: the Jobcenter counts the full 1800 €, deducts no allowances and arrives at 0 € residual entitlement. Frau K. then gets nothing at all. Difference: 160 € per month, over a year 1920 €. If in addition an insurance flat rate is forgotten or travel costs are ignored, this quickly becomes 200 to 250 € per month.

Calculation example: horizontal balancing with a child

Familie B. — two adults (506 € each), one child aged ten (Regelbedarfsstufe 5 = 390 €), child benefit 255 €. The father earns 1500 € net. After deduction of allowances (100 € basic allowance plus 278 € staggered) about 1122 € is countable. With the child, 390 € − 255 € = 135 € remains uncovered. Typical error: the Jobcenter additionally counts the child benefit with the father or forgets the 10 % staggered amount above 1000 €. Over 12 months such errors quickly add up to 1500 € and more.

Your rights in concrete terms

1. Income offset only after deduction of allowances (§ 11b SGB II). Basic allowance, staggered allowances, insurance flat rate and work-related expenses are statutory — not discretion.
2. Horizontal balancing under § 9 Abs. 2 SGB II. A partner's income is only used to cover the joint need — after deducting his own share of need.
3. Adjusted net income is the benchmark. From the gross, taxes, social security contributions, necessary insurance contributions and work-related expenses are deducted (§ 11b Abs. 1 Nr. 1 to 4 SGB II).
4. Deduction of debt interest in self-employment. Under § 3 Bürgergeld-V, business-related expenses — including interest — must be deducted from the profit. The Jobcenter may not simply count the turnover.
5. Right to a comprehensible calculation sheet. Every position must be itemised: gross, deductions, net income, allowances, countable amount.
6. Right of appeal under § 84 SGG. Against every faulty decision within one month. Informal, in writing, signed.
7. Review application under § 44 SGB X. Even after the appeal deadline has expired you can have faulty decisions corrected retroactively — as a rule up to one year back.
8. Right of file inspection under § 25 SGB X. You may inspect all calculation documents and request copies.

Current case law

The Bundessozialgericht has repeatedly decided that income in a needs community must be distributed per capita and according to shares of need, where it exceeds the earner's own need. A schematic full offsetting against the partner without consideration of his own coverage of need is not permitted [URTEIL-REFERENZ].

On the allowances under § 11b SGB II it applies: the staggering is mandatory law. The Jobcenter has no discretion to grant or omit it. Even part-time income of the partner is allowance-eligible if it stems from gainful employment [URTEIL-REFERENZ].

For self-employment, the BSG has clarified that business-related interest on debts and necessary expenses under § 3 Bürgergeld-V must be deducted before income offsetting. A pure turnover offsetting is unlawful.

There is also an established line on the order of offsetting: first the earner's own need, then horizontal balancing, then offsetting against the other partner. Whoever reverses this order produces calculation errors at the expense of the Bürgergeld recipient.

How to proceed now

1. Pull out the decision and note the date of receipt. From that day the one-month deadline for the appeal runs. Keep the envelope with the postmark.
2. Open the calculation sheet. Usually in the appendix under "Berechnungsbogen" or "Bedarfsberechnung". Each position is listed there: need per person, partner's income, allowances, countable amount.
3. Check the net income. Does the decision show your partner's correct net? Place the wage slip alongside. If 1800 € net is shown there, but the decision calculates with 2400 € gross, that is the first error.
4. Recalculate the allowances. 100 € basic allowance, plus staggering under § 11b Abs. 3 SGB II. With 1800 € net without a child, at least 348 € allowances should have been deducted.
5. Formulate the appeal. A short version is enough: "I hereby file an appeal against the decision of [date], file no. [...]. Reasons: my partner's income was offset incorrectly. Specifically: the allowances under § 11b SGB II were not taken into account. I request recalculation and back payment." Sign, keep a copy.
6. Submit the appeal by registered post or in person with date stamp. E-mail only if the Jobcenter has provided an official channel.
7. Attach documents. Wage slips for the last three months, if applicable a tax assessment of the partner, evidence of travel costs, insurance, in case of self-employment the business management evaluation.

Avoid typical mistakes

• Appealing without a wage slip. An appeal without proof of the actual net income is harder to push through. Always attach the last three wage slips.
• Oral complaint to the caseworker. A phone call is not an appeal and does not preserve a deadline. Only what is in writing counts.
• Missing the deadline. After one month the decision becomes legally binding. The review application under § 44 SGB X is possible, but often more time- and energy-consuming.
• Accepting an incorrectly calculated total. Even if the result seems plausible — check every position individually. Sometimes there are two errors that partially offset each other but lead to a loss in the bottom line.

Frequently asked questions

My partner earns 1800 € net — do I then get no Bürgergeld at all?

Not automatically. First his income is adjusted by allowances — at 1800 € net that is about 348 € (100 € basic allowance plus 248 € staggered allowance). What remains countable is therefore around 1452 €. If your joint need is higher — for example 1612 € for a couple plus 600 € warm rent — you still have a residual entitlement of around 160 € per month. Many Jobcenters forget this calculation.

May the Jobcenter count my partner's gross wage?

No. What is decisive is the adjusted net income under § 11b SGB II. Taxes, social security contributions, work-related expenses, the insurance flat rate and the allowances are deducted. If your decision calculates with the gross, that is a clear calculation error and a good reason for an appeal.

Do the allowances under § 11b SGB II also apply to my partner if he has not applied for Bürgergeld?

Yes. As soon as your partner is part of the needs community, his allowances are also applied. Basic allowance, staggered allowances, insurance flat rate — all this is due to every adult member of the BG, not only to the eligible person. In practice this is often overlooked.

My partner is self-employed. How is his income counted?

Under § 3 Bürgergeld-V the profit is counted — i.e. revenue minus business-related expenses. This includes debt interest, rental costs for business premises, vehicle costs, materials. The Jobcenter may not simply count the turnover. If your partner has taken out a loan for the business, the interest must be deducted.

The appeal deadline has expired. Can I still have the error corrected?

Yes. With a review application under § 44 SGB X you can have a faulty decision corrected later. Retroactive back payment is generally possible up to one year, with certain errors even longer. The application is informal and costs nothing. Especially with allowance or offsetting errors the effort is worthwhile: 200 € difference per month is 2400 € over a year.

Is this case different from the topic "Partner wrongly included in needs community"?

Yes. With the wrong inclusion one disputes that there is even a needs community at all — because, for example, there is a pure flat-share or a separation. With wrong income offsetting the needs community is acknowledged, but the calculation with the income is wrong: gross instead of net, forgotten allowances, debt interest not deducted. Often it helps to look at both levels.

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