Allowances miscalculated by the Jobcenter — how to recover under § 11b SGB II what is yours

Q: Does the 30-euro insurance flat rate also apply in addition to the 100 euros basic allowance?

Not in this combination. For earned income, the 30 euros insurance flat rate is already contained as a flat rate in the 100 euros. For non-earned income (pension, sickness benefit, ALG I, maintenance), the 100-euro basic allowance does not apply — instead the 30-euro flat rate is deducted independently. Important: If you have earned and non-earned income in parallel, both rules apply alongside each other, each for its income type.

Q: Does the old-age provision allowance also apply to a private, non-subsidised pension scheme?

No. § 11b Abs. 1 Nr. 4 SGB II expressly requires state-subsidised old-age provision — that is, a Riester or Rürup contract. Normal private pension policies do not count. Check your records: Does the contract say "eligible for allowance" or "subsidy under § 10a EStG"? Then the allowance up to 50 euros per month additionally applies.

On your decision, income and deductions are offset — and somehow barely anything of your wage, pension or sickness benefit remains. Many Jobcenters apply the allowances under § 11b SGB II wrongly, incompletely or not at all. That quickly costs you 50 to 200 euros per month.

This page explains which basic allowances you are entitled to, how to check your calculation sheet line by line, and where the most common calculation errors hide.

The essentials in 30 seconds

From gross income, allowances are deducted first, only then is the result counted against Bürgergeld (§ 11b SGB II).
Basic allowance 100 euros per month: flat rate for all employed persons — also for mini-job, midi-job, working students.
Insurance flat rate 30 euros per month: applies in addition and independently of the basic allowance, also for non-employed persons with income.
Work-related expenses flat rate 15.33 euros (included in the 100-euro package for earned income) — or higher actual costs, e.g. commute at 0.20 € per km one way.
Old-age provision allowance for state-subsidised contracts (Riester, Rürup) up to 50 euros, plus an additional basic allowance in the earned-income tier since 2023.
Objection deadline: one month from receipt of the decision. Retroactively § 44 SGB X applies for up to one year.

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Why does this happen?

The income offsetting (Einkommensanrechnung) runs in two stages. First, statutory deductions (taxes, social security) are subtracted from gross, then the allowances under § 11b SGB II. What remains is offset against your standard need (Regelbedarf). Every euro missing in the allowance stage is missing at the end of the month.

The rules are scattered across § 11b SGB II, the Bürgergeld Ordinance and internal service instructions. In practice many caseworkers flatly deduct only "100 euros" and forget that the 30-euro insurance flat rate stands on its own for non-earned income. Or they reject higher actual work-related expenses, even though you drive a long distance to work.

Example: Herr S., 46, lorry driver, in top-up Bürgergeld. He drives his own car 25 km one way to the haulage company's meeting point, 20 working days per month. Actual commute cost: 25 km × 2 × 20 × 0.20 € = 200 euros. The Jobcenter only deducts the flat 100-euro basic allowance. Correct would be: 100 euros basic allowance plus around 185 euros excess for commute (actual cost less the 15.33 euros work-related expenses flat rate already included). Monthly loss for Herr S.: almost 185 euros.

Such errors are no isolated cases — "allowance not correct" is the most common ground for objection in social counselling for income decisions.

Your rights in concrete terms

Basic allowance 100 euros for earned income (§ 11b Abs. 2 S. 1 SGB II). Deducted for every earned income — whether mini-job, part-time, full-time. Included: work-related expenses flat rate (15.33 euros), insurance flat rate (30 euros) and a flat-rate share for private old-age provision.
Insurance flat rate 30 euros for non-earned income (§ 6 Abs. 1 Nr. 1 Bürgergeld-V). For pension, sickness benefit, ALG I or maintenance, the 100-euro basic allowance does not apply — instead the 30-euro flat rate applies independently per person and month.
Higher actual work-related expenses instead of flat rate (§ 11b Abs. 1 Nr. 5 SGB II). If your actual costs exceed the 15.33 euros contained in the 100 euros, the excess is to be deducted additionally. Typical items: commute at 0.20 € per kilometre one way (§ 6 Abs. 1 Nr. 3 Buchst. b Bürgergeld-V), work clothing, union dues, tools.
Old-age provision allowance up to 50 euros (§ 11b Abs. 1 Nr. 4 SGB II). Contributions to state-subsidised contracts (Riester, Rürup) are deductible up to a maximum of 50 euros per month in addition to the basic allowance.
Earned-income tier from 100 euros (§ 11b Abs. 3 SGB II). Above the 100 euros, additional percentage allowances apply (20 % and 30 %). For details see the sister page "Earned-income allowance miscalculated". This page covers the basic allowances from paragraphs 1 and 2.
Allowances for children. Pupil holiday jobs up to 2,400 euros per year stay exempt under § 1 Abs. 4 Bürgergeld-V. Child benefit is assigned to the child (§ 11 Abs. 1 S. 5 SGB II).
Right to object (§ 84 SGG). A faulty allowance calculation is a classic ground for objection. For older decisions § 44 SGB X applies (up to one year retroactively).

Current case law

The Federal Social Court has confirmed the logic of the allowances several times: The flat rates are deliberately set low; in return, higher actual costs may be claimed. This applies in particular to commute costs for long journeys to work. Anyone who can show that public transport is unreasonable (shift times, missing connections, unreasonable journey times) may bill the 0.20 €/km as actual costs. [URTEIL-REFERENZ]

On the insurance flat rate, case law has clarified that this must be deducted even if the actual insurance contributions are lower — the 30 euros is a true flat rate without a duty of proof, so long as at least one reasonable insurance exists. [URTEIL-REFERENZ]

For lorry drivers and other employees with high commute costs, several Higher Social Courts have ruled: The flat dismissal "the 100 euros already cover work-related expenses" does not hold if the actual costs exceed the flat-rate share many times over. The excess must be taken into account additionally. [URTEIL-REFERENZ]

Objections against faulty allowance calculations have an above-average success rate, because the errors usually become clearly visible in the calculation sheet.

What to do now

Request the calculation sheet and open it. Every Bürgergeld decision contains a detailed calculation sheet in the appendix. Find the "income" block and within it the lines "deductions" or "allowances". If the sheet is missing, request it under § 25 SGB X (file inspection).
Classify the type of income. Do you have earned income (wages, salary, self-employment) or non-earned income (pension, sickness benefit, ALG I, maintenance)? This determines whether the 100 euros basic allowance or the 30 euros insurance flat rate applies.
Calculate actual work-related expenses. For earned income: Add up commute, work clothing, union dues. Commute: km one way × 2 × working days × 0.20 euros. Does the result exceed 15.33 euros per month? Then you are entitled to the excess in addition to the basic allowance.
Check old-age provision. Do you have a Riester or Rürup contract? Have the latest account statement or annual certificate ready — up to 50 euros per month is additionally deductible.
Set up a target-actual comparison. Write side by side: "This should have been deducted" versus "This is what the Jobcenter deducted". The difference is your monthly loss.
File an objection — in writing, on time. Within one month of receiving the decision, informally by letter or fax. Rule of thumb: "I hereby object to the decision dated [date]. The allowances under § 11b SGB II have not been fully taken into account. Reasoning to follow." That preserves the deadline.
Submit reasoning later with evidence. Proof of commute (fuel receipts, working time record, route), proof of old-age provision, proof of insurance policy. Refer specifically to § 11b SGB II and the relevant subsection.

Avoid typical mistakes

Mistake 1: Basic allowance not granted on a mini-job. Some Jobcenters claim that for 450 / 520-euro mini-jobs the 100-euro allowance does not apply because the sum is too low. That is wrong. The basic allowance applies to every earned income, regardless of its amount. Of 200 euros mini-job, 100 euros remains countable after deduction — often enough to overturn the cut completely.
Mistake 2: Insurance flat rate not deducted alongside the 100 euros. Correct is: For non-earned income (pension, sickness benefit, maintenance), 30 euros insurance flat rate applies independently. For earned income, the 30 euros is contained as a flat rate within the 100-euro package — but only there. Many Jobcenters only deduct the 100 euros for pensioners with a small pension (which does not apply there at all) and "forget" the 30 euros entirely.
Mistake 3: Actual work-related expenses flatly rejected. "The 100 euros cover everything" — this standard answer is unlawful as soon as your actual costs exceed the flat-rate share of 15.33 euros. Don't be fobbed off. Submit evidence and demand the excess.
Mistake 4: Commute flatly rejected because "public transport is reasonable". The Jobcenter may not refer you to public transport if it is objectively unusable (shift starting before 5 a.m., one-way travel time over 2.5 hours, no connection). Here the 0.20 €/km rule for your own car applies.
Mistake 5: Old-age provision allowance forgotten. If you pay into a Riester or Rürup contract and have stated this in the application, up to 50 euros per month must be additionally deducted. A look at the calculation sheet shows: Does the line "old-age provision" appear at all? If not — ground for objection.

Frequently asked questions

Do I get the 100 euros basic allowance even on a 200-euro mini-job?

Yes. The basic allowance under § 11b Abs. 2 S. 1 SGB II applies to every earned income, regardless of its amount. Of 200 euros mini-job, 100 euros remains countable after deduction. The deduction can never exceed the income itself — for an income of 80 euros, only 80 euros is deducted, nothing is offset "negatively".

Does the 30-euro insurance flat rate also apply in addition to the 100 euros basic allowance?

Not in this combination. For earned income, the 30 euros insurance flat rate is already contained as a flat rate in the 100 euros. For non-earned income (pension, sickness benefit, ALG I, maintenance), the 100-euro basic allowance does not apply — instead the 30-euro flat rate is deducted independently. Important: If you have earned and non-earned income in parallel, both rules apply alongside each other, each for its income type.

How do I calculate my commute correctly?

One-way distance in kilometres × 2 × working days per month × 0.20 euros. Example Herr S.: 25 km × 2 × 20 × 0.20 € = 200 euros. Of this, the 15.33 euros included in the basic allowance is already covered, the excess of around 184.67 euros is additionally deductible. Keep fuel receipts, working time records and route plans — the Jobcenter spot-checks.

Can I claim higher work-related expenses even though I only have a mini-job?

Yes. The rule "actual work-related expenses instead of flat rate" from § 11b Abs. 1 Nr. 5 SGB II applies regardless of the income amount. Even on a 300-euro mini-job, you can claim 180 euros commute if it actually arises. The 15.33-euro flat rate is the minimum assumption — more is always possible with evidence.

What if the Jobcenter does not accept my evidence?

You are entitled to a reasoned decision (§ 35 SGB X). Demand in writing that the Jobcenter specify exactly which evidence is missing or why it is not accepted. Often it then turns out that just one document is missing — for instance an up-to-date working time record. Submit it again and reapply. If the rejection stands, the objection is the next step.

Does the old-age provision allowance also apply to a private, non-subsidised pension scheme?

No. § 11b Abs. 1 Nr. 4 SGB II expressly requires state-subsidised old-age provision — that is, a Riester or Rürup contract. Normal private pension policies do not count. Check your records: Does the contract say "eligible for allowance" or "subsidy under § 10a EStG"? Then the allowance up to 50 euros per month additionally applies.

Have your decision checked now

If your income decision contains even one of these errors, that quickly amounts to 50 to 200 euros loss per month — and over a year, four-figure sums. The good news: Allowance errors can almost always be clearly proven in the calculation sheet, and social courts regularly correct in favour of the recipient here.

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Upload your decision together with the calculation sheet. We will run through the allowances completely for your income situation and tell you where an objection is worthwhile.