Unavoidable Additional Needs Under § 21 Abs. 6 SGB II — How to Enforce the Hardship Clause

You have a particular ongoing need — chronic skin disease, travel to see your child for visitation, tutoring beyond the educational package — and the Jobcenter refuses: "That is covered by the standard needs." This sentence is the most frequent standard rejection. And in many cases it is wrong. § 21 Abs. 6 SGB II exists precisely for this: as a hardship clause (Härtefallregelung) for everything not covered by the standard needs.

The Most Important Points in 30 Seconds

  • The legal basis is § 21 Absatz 6 SGB II — the so-called catch-all clause (Auffangtatbestand) for unavoidable, ongoing, special needs (unabweisbare, laufende, besondere Bedarfe) that are not otherwise covered.
  • The provision was introduced in 2010, after the Federal Constitutional Court (Bundesverfassungsgericht) on 9 February 2010 (BVerfG 1 BvL 1/09 — "Hartz IV ruling") expressly required such an opening clause.
  • Typical cases: hygiene articles for chronic skin diseases (30–50 EUR per month), travel costs for visitation contact with children, tutoring outside the educational package, school accompaniment, accessories for strongly corrective glasses.
  • There is no fixed catalogue and no flat rate — every individual review counts. That is the greatest strength of the rule, when used correctly.
  • Most common rejection: "covered by the standard needs". With medical certificate, receipts over three months and good reasoning, objections here have above-average chances of success.

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Why Does § 21 Abs. 6 SGB II Even Exist?

The standard needs (Regelbedarf) (563 EUR for single adults (Alleinstehende), as of 2025) is a flat rate. It is meant to cover the average needs of a person for nutrition, clothing, personal hygiene, electricity, communication and leisure. The problem: an average does not fit every person. Those who suffer from neurodermatitis, HIV, a chronic bowel disease or other long-term conditions regularly have higher expenses that are not factored into the standard needs.

Exactly here § 21 Abs. 6 SGB II steps in. It is a catch-all clause (Auffangtatbestand) — a statutory valve for atypical needs that otherwise fit no additional needs category. Without this rule the standard needs would be systematically too low for certain groups, and the subsistence minimum would no longer be guaranteed.

Worked example: A Bürgergeld recipient with severe neurodermatitis needs medicinal moisturising cream, hypoallergenic detergent and clothes from special material every month — together 42 EUR per month extra. Per year that is 504 EUR. Without additional needs under § 21 Abs. 6 SGB II, she has to pay this from her standard needs — and food, electricity or leisure shrink correspondingly.

Your Rights in Concrete Terms

1. Entitlement under § 21 Abs. 6 SGB II. If the requirements are met, there is a legal entitlement — the Jobcenter has no discretion on whether to pay, only on the amount. The benefit is not a discretionary rule (Kann-Regelung).

2. The four requirements — all must be met. § 21 Abs. 6 SGB II demands:

  • Unavoidable (unabweisbar): the need is unavoidable, necessary, not deferrable. You cannot simply "leave it out".
  • Ongoing (laufend): it is a regularly recurring need, not a one-off expense. For one-off needs § 24 SGB II exists.
  • Special need (besonderer Bedarf): it is not already contained in the standard needs, or the standard needs typically do not suffice for it.
  • Not otherwise covered: no other social benefit applies — neither the health insurance, integration aid, nor the educational and participation package (BuT — Bildungs- und Teilhabepaket).

3. Application at the Jobcenter under § 37 SGB II. The additional needs are not granted automatically. You must apply for them expressly — in writing, with reasoning and evidence. Retroactively they apply from the month of application.

4. Right of objection under § 84 SGG. Against a rejection you can file an objection (Widerspruch) within one month. In writing, by registered mail or on record at the Jobcenter.

5. File inspection under § 25 SGB X. You may see which documents the Jobcenter has examined and what the rejection rests on. That is often decisive when certificates have not been considered.

Typical Case Groups With Amounts

In social-law practice, certain case groups have emerged where § 21 Abs. 6 SGB II regularly applies. A closed catalogue does not exist — that is expressly intended. Nevertheless, these examples provide orientation:

  • Hygiene articles for chronic skin diseases (neurodermatitis, psoriasis, HIV-related care needs): moisturising creams, special detergents, hypoallergenic products — typically 30 to 50 EUR per month.
  • Visitation travel to children in another federal state: train tickets, fuel costs, occasional overnight stays — often 40 to 120 EUR per month, depending on distance and frequency.
  • Pupil transport when the educational and participation package does not apply (e.g. due to municipal school-route rules): 20 to 80 EUR per month.
  • Glasses accessories for strongly corrective values — cleaning agents, replacement lenses, frequent replacement for children: usually a flat 10 to 25 EUR per month.
  • Tutoring in adult education, e.g. preparing for the lower secondary school certificate, when the BuT (educational and participation package — benefit for children in school and leisure) does not apply: individual review, often 50 to 150 EUR per month.
  • Additional costs from a recognised disability without an ongoing rehabilitation measure (e.g. aids that the health insurance does not pay).

Important: there are no statutorily fixed amounts. What matters is what you actually demonstrably spend — and that the need meets the four requirements above.

Current Case Law

Federal Constitutional Court, ruling of 9 February 2010 — BVerfG 1 BvL 1/09 ("Hartz IV ruling"): the BVerfG decided that the legislator must create a rule with which atypical, unavoidable, ongoing needs not contained in the flat-rate standard needs can be covered. Without such a catch-all clause the standard needs would be unconstitutional. On the basis of this decision, the legislator introduced § 21 Abs. 6 SGB II in summer 2010. The ruling is the constitutional basis of the entitlement.

The Federal Social Court (Bundessozialgericht) has confirmed in several decisions: § 21 Abs. 6 SGB II is no exception clause to be read narrowly, but a true catch-all rule. With a need of more than about 10 % of the standard needs (so around 56 EUR per month), much speaks for the need no longer being coverable from the standard needs and an entitlement existing. [URTEIL-REFERENZ]

The social court case law has also repeatedly affirmed the entitlement for visitation travel when the visitation right is regulated by court or via the Jugendamt and the trips take place regularly. [URTEIL-REFERENZ]

How to Proceed Now

1. Document the need — at least three months. Collect receipts, invoices, tickets, evidence over at least three consecutive months. An Excel list or simple household book is enough. Document: date, amount, reason, receipt number.

2. Obtain a medical certificate or evidence. For health-related reasons, a medical certificate is central. It should state concretely which need exists (moisturising cream, special diet, hygiene articles) and why the standard supply does not suffice. For visitation contact: proof of the visitation order or the Jugendamt agreement.

3. File a written application. Write informally to the Jobcenter: "I hereby apply for additional needs under § 21 Abs. 6 SGB II from [date]." Reason briefly — which four requirements are met and what monthly amount arises. Attach receipts and certificate.

4. If rejected: objection within one month. The most common standard rejection reads: "covered by the standard needs". Object pointing to the concrete additional costs and the case law. Wording: "The flat-rate standard needs verifiably do not cover this need. See attached receipts over three months and medical certificate."

5. Demand file inspection if there is uncertainty. Often the Jobcenter ignores certificates or misinterprets them. With file inspection you see what was actually examined.

6. If still rejected: lawsuit at the Social Court. Against the objection notice you again have one month for a lawsuit. The proceedings are free of cost for you — no court fees, no obligation to be represented. In urgent cases an urgent application (Eilantrag) is possible.

Common Mistakes to Avoid

  • Applying for one-off expenses as ongoing additional needs. A new pair of glasses is one-off — that falls under § 24 SGB II, not under § 21 Abs. 6. Check beforehand whether the need really recurs monthly.
  • Arguing without evidence. Whoever says "I need 40 EUR more for hygiene" and produces no proof gets rejected. Three months of receipts is the minimum.
  • Letting the medical certificate be too vague. A certificate like "patient needs special care" is often not enough. It should concretely list: diagnosis, which products/services are necessary, why the standard supply does not suffice.
  • Not ruling out other coverage. Check before applying: does your health insurance pay this? Does it fall under integration aid or the educational and participation package? If yes, § 21 Abs. 6 SGB II has no chance — then you must apply for the other benefit.

Frequently Asked Questions

What does "unavoidable" mean exactly?

Unavoidable means: the need is necessary and cannot be deferred. You cannot "simply" do without it without an important protected interest (health, family participation, school education) being affected. A trip to the cinema is not unavoidable. Moisturising cream for neurodermatitis is.

Do I have to apply again every month?

No. Once granted, the additional needs generally run as long as the requirements exist. The Jobcenter can however review periodically — usually once a year or in case of changes. Keep your evidence on hand.

How much can I concretely receive?

There are no fixed amounts. What matters is what you actually spend and prove. Typical amounts are between 20 EUR and 150 EUR per month, in special cases also higher. The Jobcenter examines each individual case.

Can I apply for § 21 Abs. 6 SGB II retroactively?

Only to a very limited extent. As a basic rule, the entitlement runs from the month of application. If you have had the need for longer but did not apply, retroactivity is difficult. An exception is the review application under § 44 SGB X (Überprüfungsantrag) — up to one year retroactively if the Jobcenter previously decided incorrectly.

What happens if the Jobcenter simply ignores my certificate?

That unfortunately happens often. Then a clear complaint belongs in the objection: "The certificate submitted on [date] was not considered. It proves that …" Additionally request file inspection under § 25 SGB X. If necessary, submit the certificate in the lawsuit at the Sozialgericht — there it must be considered.

Does § 21 Abs. 6 SGB II also apply to my children?

Yes. Unavoidable additional needs are also possible for minor children in the community of need (Bedarfsgemeinschaft) (all persons in one household whose income is jointly counted) — for example for chronic illnesses, therapy costs that the health insurance does not cover, or school costs beyond the BuT. The application is filed by the custodial parent.

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