Partner wrongly included in needs community — what you can do now

The Jobcenter treats you and another person in your apartment as a needs community (Bedarfsgemeinschaft, BG) — a legal unit in which the income and assets of both persons are added together. Suddenly your Bürgergeld is reduced or even cancelled entirely — because of the income of someone you do not see as a partner at all. This is wrong in many cases, and you can defend yourself.

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  • A needs community with a partner only arises in a marriage-like or civil-partnership-like community (§ 7 Abs. 3 Nr. 3 SGB II).
  • A flat-share (Wohngemeinschaft, WG) is not a needs community — not even among close friends.
  • The Jobcenter may only presume an Einstandsgemeinschaft (community of mutual responsibility) if certain hard criteria are met (§ 7 Abs. 3a SGB II).
  • The presumption is rebuttable: if you make it plausible that you do not stand up for each other, the Jobcenter must prove the contrary.
  • With wrong inclusion the reduction can quickly amount to 800 € and more per month — an appeal is almost always worthwhile.

Why does this happen so often?

The Jobcenter sees two adults in one apartment and quickly draws the conclusion: "They are a couple." In practice, constellations are constantly classified wrongly that legally are no needs community.

Typical is this sequence: in your renewal application you state that another person lives in the apartment. The caseworker sends a "questionnaire on examination of a community of responsibility and mutual support". No matter how you answer — often a decision still arrives that classifies the other person as a partner.

Example from practice: Frau M. has been living with an acquaintance for eight months because the rent would otherwise be too expensive for both. He earns 2000 € net. The Jobcenter classifies him as a partner and counts his income. Result: Frau M.'s Bürgergeld is reduced by about 800 € per month — even though the two keep separate finances, have separate bedrooms and are not a couple.

Your rights in concrete terms

1. Needs community is narrowly defined (§ 7 Abs. 3 SGB II)

The needs community according to the law includes only:

  • the employable eligible person themselves,
  • the spouse or registered civil partner,
  • a person in a marriage-like or civil-partnership-like community,
  • the unmarried children under 25 in the household (under certain conditions),
  • the parents of an unmarried person under 25.

All other co-residents — friends, siblings from 25, aunts, purpose-driven flat-shares — are not a needs community, but at most a household community (Haushaltsgemeinschaft). That is a big legal difference.

2. Presumption of mutual support only with clear criteria (§ 7 Abs. 3a SGB II)

The law names four indicators where it is presumed that two people "stand up for each other" — i.e. effectively manage their finances like a couple:

  1. They have lived together for longer than one year.
  2. They live with a shared child.
  3. They care for children or relatives in the household.
  4. One of them has a power of attorney over income or assets of the other.

Only if one of these features is present may the Jobcenter assume an Einstandsgemeinschaft at all. And even then it is only a presumption.

3. The presumption is rebuttable — burden of proof lies with the Jobcenter

You do not have to prove that you do not form an Einstandsgemeinschaft. The Jobcenter must prove the facts on which it bases its presumption. The Bundessozialgericht has repeatedly clarified this.

You yourself only have to provide a plausible counter-presentation: separate accounts, separate shopping, separate bedrooms, no joint household management, time and reason of cohabitation.

4. Separation counts from the day of separation — not from the move-out

Even after a separation many couples still live months in the same apartment because no one quickly finds a new one. That alone does not make you a needs community anymore. What is decisive is whether you still manage your finances jointly. Make the separation visible in writing — otherwise the Jobcenter is happy to continue assuming a relationship.

Current case law

The Bundessozialgericht has repeatedly affirmed the high hurdles for an Einstandsgemeinschaft:

  • The mere fact that two persons live together and share the rent is not enough to establish a marriage-like community (cf. BSG case law on the distinction between pure flat-share and Einstandsgemeinschaft, [URTEIL-REFERENZ]).
  • The presumption of mutual support under § 7 Abs. 3a SGB II is a statutory presumption, not a finding of fact. The Jobcenter must fully prove the triggering facts — not the applicant ([URTEIL-REFERENZ]).
  • After a separation, the needs community ends with the point of separation, not only with the move-out, provided the separation is visibly carried out ([URTEIL-REFERENZ]).

Concrete file numbers should be checked in the appeal by a specialist lawyer — case law on this is extensive and case-dependent.

How to proceed now

  1. Check the decision immediately. Pay attention to the section "Calculation of need": if a second person appears there whom you do not see as a partner, that is your point of attack.
  2. Observe the appeal deadline. You have one month from receipt of the decision. The Widerspruch must reach the Jobcenter in writing — by registered mail, by fax with transmission report or in person with date stamp.
  3. Formulate the appeal. It is enough: "I hereby appeal against the decision of [date], file no. [number]. Reasons to follow." That preserves the deadline.
  4. Prepare a counter-statement in writing. List: when did you move in? Why? Separate bank statements, separate shopping, no joint health insurance, separate rooms, if applicable still separate life planning.
  5. Collect evidence. Rental contract (are you both main tenants or only one?), bank statements of both persons, shopping receipts, witnesses if applicable.
  6. Apply for provisional renewal. If your money disappears immediately, file in parallel an emergency motion at the Sozialgericht for interim relief (einstweiliger Rechtsschutz). Thus you secure your livelihood until the appeal is decided.

Avoid typical mistakes

  • Being too honest in the questionnaire. Phrases like "We sometimes cook together" or "I lend him money sometimes" will be used against you. Answer briefly, truthfully — but without providing templates for conclusions.
  • Missing the deadline. After one month the decision becomes binding. Then only a review application under § 44 SGB X helps — retroactively usually only for the current year.
  • Nothing in writing. Oral statements on the phone or at the counter do not count in case of doubt. Submit everything in writing, keep a copy.
  • Giving up after rejection of the appeal. After the appeal decision you have one month for a lawsuit at the Sozialgericht. The proceedings are free of charge for you, lawyer's fees with low income are covered by Prozesskostenhilfe (PKH).

Frequently asked questions

I live with my best friend in a flat-share. The Jobcenter says we are a needs community — is that true?

No. A pure flat-share is never a needs community. File an appeal immediately and explain that you manage your finances separately.

We have a shared child but do not live as a couple. What applies?

A shared child triggers the presumption of mutual support under § 7 Abs. 3a SGB II. But you can rebut that you lead a marriage-like community — e.g. through separate finances and separate life planning. Disclose your concrete situation and demand a case-by-case examination.

I have been separated from my partner for three months, but we still live together. Do I have to continue having his income counted?

No. What is decisive is whether you still manage your finances together. Notify the Jobcenter of the separation in writing immediately — ideally with date. From that day on, the ex-partner's income may no longer be counted.

The Jobcenter demands my flatmate's bank statements. Do I have to submit them?

No. You are only required to provide information about your own needs community. If you assert that none exists, you do not have to deliver any data of a third person. The Jobcenter must prove its assumption itself.

What does an appeal cost me?

Nothing. Appeal proceedings at the Jobcenter and lawsuit proceedings at the Sozialgericht are free of charge for you. With low income, Beratungshilfe (for legal advice) and Prozesskostenhilfe (PKH) (for the lawsuit) cover lawyer's fees.

Have your decision reviewed now

If your Jobcenter treats a flatmate as a partner and therefore reduces your Bürgergeld, urgency is required. Every day without an appeal brings you closer to the legal binding force of the decision — and thus to the point from which a correction is only difficult.

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