School lunch denied by the Jobcenter — how to enforce your claim

Q: Do I get the kindergarten lunch paid in the same way as the school lunch?

Yes. § 28 Abs. 6 SGB II expressly names schools and child day-care institutions. If the Jobcenter says kindergarten is not covered, that is simply wrong. What matters is that the child eats communally at the institution. The meal share of the kindergarten bill should be shown separately so that the Jobcenter can clearly recognise the amount.

Q: Do I still have to pay 1 euro per meal myself?

No. The 1-euro co-payment was scrapped on 1 August 2019. Anyone who receives a decision in which 1 euro per meal is still deducted should file an objection. The Jobcenter must fully cover the actual costs of the lunch — even if these are above the former 3 euros or 3.50 euros per portion.

Q: My child does not go to a "Hort" — do I still have a claim?

Yes, when it concerns communal lunch in school or kindergarten-like care. "Hort" is just an example term. All-day school, open all-day primary school, reliable primary school with a meal offering, kindergarten with a lunch table — all of this is covered. The statement "no after-school care, no claim" is not a valid reason for a rejection.

Q: Can the Jobcenter force me to pay in advance and submit receipts later?

Usually not. The procedure should take the form of a non-cash or voucher benefit, that is, as far as possible without you having to pre-finance the meal from your own pocket. If your municipality offers only a reimbursement system, that is admissible but must not lead to you ending up in financial distress. In case of payment bottlenecks: apply for an advance or check with the social welfare office.

Q: We receive social assistance, not Bürgergeld — does the same apply?

Yes, in substance. The claim then runs through § 34 Abs. 6 SGB XII and is processed by the social welfare office (Sozialamt) instead of the Jobcenter. Also for child supplement or housing benefit the same claim applies through § 6b BKGG. The right contact varies by benefit type — the claim to the lunch itself is the same in substance.

Your child eats lunch at the all-day school or kindergarten, and you applied for cost coverage at the Jobcenter — as a benefit from education and participation (Bildung und Teilhabe, BuT). Now a rejection has come in, or only a partial amount. This is precisely where a closer look is worthwhile. Since the Starke-Familien-Gesetz of 2019, the communal lunch for your child must usually be fully covered.

The essentials in 30 seconds

The cost of communal lunch (gemeinschaftliche Mittagsverpflegung) at school, kindergarten and after-school care is a BuT benefit under § 28 Abs. 6 SGB II.
The old 1-euro co-payment per meal has been abolished since 1 August 2019 (Starke-Familien-Gesetz) — the Jobcenter must cover the full costs.
The kindergarten lunch is also covered — not only school or after-school-care meals.
Settlement is usually made directly with the provider (caterer, kindergarten, school) — often by voucher or direct transfer, not as a reimbursement to you.
Objection period: one month from receipt of the decision. After that, it is final.

We review your decision within 5 minutes. Free and non-binding.

Why is the lunch denied so often?

Many rejections come from a time when the legal situation was actually narrower — or they are based on misunderstandings within the casework team. Until July 2019, families had to pay a co-payment of 1 euro per lunch themselves. The legislature has completely scrapped this co-payment with the Starke-Familien-Gesetz. Since then the costs are covered in full.

Example: Herr M. is a single father and his eight-year-old daughter Mia attends an all-day primary school. The caterer charges the school 3.80 euros per meal, which works out to 76 euros over 20 school days a month. The Jobcenter writes: "co-payment of 1 euro per meal is to be borne by you" — and only transfers 56 euros. That is wrong. The 20 euros "co-payment" are owed to his daughter.

Typical rejection or reduction grounds that can be challenged:

"No after-school-care attendance — no benefit." Wrong. What matters is not the term "Hort", but that the meal is taken under school or kindergarten-like responsibility. All-day school, kindergarten, after-school care and comparable institutions are covered.
"Kindergarten lunch is not BuT." Wrong. § 28 Abs. 6 SGB II expressly names child day-care institutions (Kindertageseinrichtungen).
"1-euro co-payment must be deducted." Outdated. Since 1 August 2019 there is no longer such a co-payment.
"Reimbursement only against receipt." Problematic. The benefit is designed as a non-cash or voucher benefit. You may not be forced to advance the money.
"The meal is not communal." This assessment depends on the case. A lunch in the school or kindergarten cafeteria together with other children is practically always "communal".

Your rights in concrete terms

Legal basis: § 28 Abs. 6 SGB II. The paragraph secures, for pupils and children in child day-care institutions, the additional cost of communal lunch. Covered are all children of the needs community (Bedarfsgemeinschaft, BG) — all persons in one household whose income is counted jointly.
Full coverage — no co-payment. Since the Starke-Familien-Gesetz of 29 April 2019 (in force since 1 August 2019) the 1-euro co-payment has been scrapped. The Jobcenter bears the actual costs of the meal — within the framework of the standard need (Regelbedarf) household-savings share, which is also fully co-financed.
Kindergarten lunch is included. Children under 6 in a child day-care institution have the same claim as school children. The term "Hort" is legally irrelevant.
Direct settlement instead of advance payment. The municipality regulates the procedure. Common are vouchers, direct transfers to the institution or collective billing through the school. You do not have to advance the cost of the meal.
One meal per school/kindergarten day. The claim covers the days on which your child actually has lunch at the institution. Holidays, sick days or absence days are usually deducted.
Distinction from social assistance (§ 34 SGB XII). If the family receives social assistance (Sozialhilfe) instead of Bürgergeld, the same claim runs through § 34 Abs. 6 SGB XII at the social welfare office. For housing benefit recipients with child supplement § 6b BKGG applies. The benefit provider differs, the claim to the meal is identical in substance.
Duty of the Jobcenter to cooperate (§ 14 SGB I). If documents are missing — for example a confirmation from the institution about costs and participation — the Jobcenter must advise and help, not simply reject.
Right of objection (§ 84 SGG). Against the rejection you file a written objection (Widerspruch). Period: one month from notification. If a correct instruction on legal remedies is missing in the decision, the period extends to one year.

Current case law

The Federal Social Court (Bundessozialgericht) has repeatedly held that BuT benefits must be assessed individually and in actually need-covering form — and may not be denied flatly on cost grounds. For the communal lunch, the legal situation has been clear since the 2019 reform: a co-payment is no longer provided for. Nevertheless, corresponding reduction decisions still appear in practice. [URTEIL-REFERENZ]

Also on the question of how the benefit must be provided — voucher, direct payment, subsequent reimbursement — the Social Court system has repeatedly emphasised that beneficiaries may not permanently be pushed into advance payment. This applies especially when the family has to plan its monthly budget with the Regelbedarf. [URTEIL-REFERENZ]

More important than any individual ruling is the wording of the law: if your decision still deducts the old "1-euro co-payment", it directly contradicts the current version of § 28 Abs. 6 SGB II.

How to proceed now

Note the deadline. Date of notification on the decision plus one month. This deadline is hard — after that the decision is final.
Read the decision carefully. Does it say "co-payment", "1 euro per meal", "after-school-care attendance not proven" or "kindergarten lunch not covered"? Each of these wordings can usually be challenged.
Collect evidence. You need: (a) a confirmation from the institution about participation in the lunch, (b) the costs per meal, (c) the number of meal days per month. Many municipalities have their own form for this.
File objection — in writing. One sentence is enough at first to meet the deadline: "Gegen Ihren Bescheid vom [Datum], Aktenzeichen [AZ], lege ich hiermit Widerspruch ein. Die Begründung reiche ich nach." Send by fax, registered mail or hand in in person against an entry stamp.
Submit the reasoning later. Address each rejection ground point by point. For "1-euro co-payment": refer to § 28 Abs. 6 SGB II in the version in force since 1 August 2019 (Starke-Familien-Gesetz). For "kindergarten not covered": refer to the wording of the paragraph, which expressly names child day-care institutions.
In urgent cases: emergency motion at the Social Court (§ 86b SGG). If your child must eat already today and the billing is not running, an interim legal protection (einstweiliger Rechtsschutz) may make sense — in parallel to the objection.

Typical mistakes to avoid

Letting the deadline pass. The one-month deadline is the most common trap. File the objection immediately, if necessary without a finished reasoning.
Reacting orally instead of in writing. A phone call to the Jobcenter helps for clarification but does not replace an objection. Only the written form preserves the deadline and is verifiable.
Pre-financing the meal privately. Anyone who pays in cash and tries to recover the money later runs into problems: missing receipts, disputes about the date, reductions for "unproven participation". Insist on direct settlement or a voucher.
Not submitting the kindergarten invoice. Especially with kindergarten lunches, the monthly bill is often embedded in the kindergarten fee. Ask the kindergarten to show the lunch share separately — otherwise the Jobcenter will not calculate it.

Frequently asked questions

Do I get the kindergarten lunch paid in the same way as the school lunch?

Yes. § 28 Abs. 6 SGB II expressly names schools and child day-care institutions. If the Jobcenter says kindergarten is not covered, that is simply wrong. What matters is that the child eats communally at the institution. The meal share of the kindergarten bill should be shown separately so that the Jobcenter can clearly recognise the amount.

Do I still have to pay 1 euro per meal myself?

No. The 1-euro co-payment was scrapped on 1 August 2019. Anyone who receives a decision in which 1 euro per meal is still deducted should file an objection. The Jobcenter must fully cover the actual costs of the lunch — even if these are above the former 3 euros or 3.50 euros per portion.

My child does not go to a "Hort" — do I still have a claim?

Yes, when it concerns communal lunch in school or kindergarten-like care. "Hort" is just an example term. All-day school, open all-day primary school, reliable primary school with a meal offering, kindergarten with a lunch table — all of this is covered. The statement "no after-school care, no claim" is not a valid reason for a rejection.

Can the Jobcenter force me to pay in advance and submit receipts later?

Usually not. The procedure should take the form of a non-cash or voucher benefit, that is, as far as possible without you having to pre-finance the meal from your own pocket. If your municipality offers only a reimbursement system, that is admissible but must not lead to you ending up in financial distress. In case of payment bottlenecks: apply for an advance or check with the social welfare office.

We receive social assistance, not Bürgergeld — does the same apply?

Yes, in substance. The claim then runs through § 34 Abs. 6 SGB XII and is processed by the social welfare office (Sozialamt) instead of the Jobcenter. Also for child supplement or housing benefit the same claim applies through § 6b BKGG. The right contact varies by benefit type — the claim to the lunch itself is the same in substance.

My child was sick and could not eat for two weeks — are those days deducted?

Usually yes. Paid are the meal days on which your child actually participates. However, some caterers or kindergartens bill flatly per month and refund nothing in the case of short-notice cancellation — in that case the Jobcenter may still pay because the costs really arose for you. Discuss this in case of doubt with the institution and with the Jobcenter.

Have your decision reviewed now

A rejection or reduction of the lunch is rarely the final word. Many decisions rely on outdated rules — such as the 1-euro co-payment — or on formal grounds that can be cleared up with a confirmation from the institution. We look at what is in your decision and what can be challenged.

We review your decision within 5 minutes. Free and non-binding.