U25 and Move-Out: Assurance under § 22 Abs. 5 SGB II Refused

You are under 25, want or need to move out of the parental home — and the Jobcenter says no. Without the assurance (Zusicherung) the Jobcenter pays no rent in the new apartment. For those experiencing violence or unbearable conflict at home this is more than bureaucracy.

This page explains when the Jobcenter must agree, which grounds count as "serious" and how to challenge a refusal.

The Most Important Points in 30 Seconds

  • For persons under 25 a special rule applies: rent and heating are only covered if the Jobcenter has agreed to the move-out in advance (§ 22 Abs. 5 SGB II).
  • The Jobcenter must agree if a serious ground for the move-out exists — for example violence, pregnancy, taking up work, or unreasonableness of remaining in the parental home.
  • The mere wish for independence is not enough. Even "I'm an adult now" or "I want my peace and quiet" does not carry by itself.
  • The assurance (Zusicherung) must be obtained before the move-out. Anyone who moves without an assurance regularly receives not a cent for rent and heating in the new apartment.
  • Against a refusal you can file an objection within one month. In acute danger an urgent application (Eilantrag) to the Sozialgericht is also possible.

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Why Does a Special Rule Apply to U25?

Behind § 22 Abs. 5 SGB II stands a political decision from the Hartz IV era: the legislator wanted to prevent young adults from "lightly" moving out and triggering additional costs for the public purse. For people under 25 years of age a tightened consent obligation therefore applies: a new apartment is only paid for if there is a written assurance (Zusicherung) in advance.

In practice the Jobcenters often wave off flatly, particularly when the move-out is justified by family conflict. Many do not know that the law expressly provides exceptions in which the assurance may not be refused.

A concrete example — Herr L., 22, from a small town in northern Germany:

Herr L. lives with his alcohol-dependent father. There are repeated physical altercations; the police have already been called twice. He finds a 32 m² apartment for 340 € warm rent, applies for the assurance and gets back from the Jobcenter: "A move-out is not necessary. You can continue to live with your father."

This answer is wrong. Violence in the parental home is a classic serious ground (schwerwiegender Grund). The Jobcenter has no discretion — it must give the assurance once the violence is credibly substantiated. An objection and, in case of acute urgency, an urgent application to the Sozialgericht are the right responses.

Your Rights in Concrete Terms

The decisive provision is § 22 Abs. 5 SGB II. The Jobcenter shall give the assurance if the person under 25 cannot continue to live in the parental household for serious social reasons, if the move-out is necessary for integration into the labour market, or if another, similarly serious ground exists. "Shall" means in administrative law: "Must, except in atypical exceptional cases."

1. Serious Social Grounds (No. 1)

Recognised in particular are:

  • Physical or psychological violence by parents or other household members
  • Severely disturbed relationship (not: ordinary teenage conflict) — being thrown out, persistent disregard, alcohol or drug addiction in the household
  • Pregnancy of the U25 person, especially if the partner cannot move into the parental home
  • Extreme overcrowding without a retreat (e.g. shared use of one room with siblings as adults)
  • Compulsory accommodation in a therapeutic institution after which a return to the parental home would be unreasonable

The grounds must be credibly substantiated — not fully proven. Medical certificates, statements from counselling centres, police reports or witness statements are regularly sufficient.

2. Necessity for Integration into the Labour Market (No. 2)

If you take up work or training and the workplace is too far away to commute from the parental home, an own entitlement to the assurance (Zusicherung) arises. The benchmark is the reasonable commuting time — for full-time work the Sozialgerichte regularly draw the line at around 2.5 hours per day [URTEIL-REFERENZ]. Night shifts or very early shifts can also make commuting unreasonable.

3. Other, Similarly Serious Ground (No. 3)

This catch-all clause covers, for example:

  • Health grounds that exclude staying (documented mental illness with a need for an own retreat)
  • Care of an own child outside the family of origin
  • Sexual identity that leads to endangerment in the parental home (substantiated by a counselling centre)

4. Formality (§ 22 Abs. 5 SGB II)

The assurance (Zusicherung) is an administrative act and must be issued in writing. The refusal too must be issued in writing and with reasons (§ 35 VwVfG). Telephone "noes" do not stand. Always insist on a decision with a legal-remedies notice (Rechtsbehelfsbelehrung).

5. No Protection for the Mere Wish for Independence

The mere wish "to live independently at last" or "no longer to live with my parents" is not a serious ground. The law requires a qualified unreasonableness, not an ordinary process of detachment. Phrase your application concretely and with evidence — not with feelings.

6. Right to Object (§ 84 SGG)

Against the refusal you have one month to file an objection. Informal: "I hereby file an objection against the decision dated [date], file number [AZ]. I will submit reasons subsequently." Recorded delivery or in person with an entry stamp.

Current Case Law

The Bundessozialgericht has repeatedly clarified that § 22 Abs. 5 SGB II is not a barrier against moving out but a funding rule: the young person is always free to move out — they only bear the risk that the Jobcenter will not cover rent in the new household. The Basic Law (Art. 11 GG freedom of movement, Art. 6 GG protection of the family) prohibits any further coercion [URTEIL-REFERENZ].

On the question of when a "serious ground" exists, the BSG has prescribed a broad interpretation: what is decisive is the objective situation of the young person, not the Jobcenter's view. A flat refusal with the sentence "you can just live with your parents" is unlawful if concrete circumstances (medical certificates, police callouts, third-party accounts) speak against it [URTEIL-REFERENZ].

The Landessozialgerichte have additionally ruled that domestic violence in particular and a pregnancy of a U25 woman without an own room in the parental home regularly trigger the assurance (Zusicherung). The Jobcenter then has no discretion but is bound [URTEIL-REFERENZ].

On the burden of proof the line is clear: credible substantiation (Glaubhaftmachung) is enough, not full proof. Anyone who presents a medical certificate, a counselling-centre statement and a coherent personal account has done their part. A Jobcenter that ignores these documents breaches its duty of official investigation (§ 20 SGB X).

How to Proceed Now

  1. State the ground precisely. Write clearly why staying in the parental home is unreasonable. No platitudes ("bad relationship") — concrete incidents with dates. Example: "On 14 March 2026 my father hit me; the police were called. The incident report is attached."

  2. Collect evidence. Medical certificates, statements from counselling centres (youth welfare, women's shelter, addiction counselling, pregnancy counselling), police reports, statements from teachers or social workers. The more concrete, the better.

  3. Check the new apartment. The apartment must be appropriate under the municipal cap for single persons. For U25 a stricter standard often applies. Clarify the limit before you apply, in order to defuse the most frequent ground for refusal.

  4. Apply for the assurance in writing. "I hereby apply for the assurance under § 22 Abs. 5 SGB II to rent the apartment [address]. Grounds and evidence are attached." Submission against a stamp or by recorded delivery.

  5. On refusal: objection within one month. Deadline runs from notification (three days delivery fiction by post). Reasons can be submitted later. Formulate factually — the file is read.

  6. In acute danger: urgent application to the Sozialgericht (§ 86b SGG). In cases of violence or threatened homelessness the court can oblige the Jobcenter within days to issue a provisional assurance. The proceedings are free of charge (§ 183 SGG). Youth offices and counselling centres help with drafting.

Avoid Typical Mistakes

  • Moving without an assurance. If you move without a written assurance (Zusicherung) and the Jobcenter later refuses, it covers no rent and no heating in the new apartment. Bearing the costs from the standard need (Regelbedarf) (563 € as of 2025) is economically impossible. Exception: compelling grounds without delay (acute violence, being thrown out).

  • Reasoning that is too weak. "I don't get along with my mother" is too thin. Concrete incidents, dates, impacts on health or training. The more tangible, the stronger.

  • Accepting oral statements. A "that won't work anyway" on the phone has no value. Apply in writing — you receive a contestable decision as the basis for the objection.

  • Wrong housing standard. The new apartment must be within the appropriateness limit (for singles usually around 45–50 m² plus the municipal cold rent). If it is above, the Jobcenter bases the refusal on appropriateness — and the serious ground becomes irrelevant.

Frequently Asked Questions

I'm 24 and have a medical certificate for depression — is that enough?

A certificate alone is usually not enough but is an important building block. What matters is whether the doctor classifies staying in the parental home as endangering health and gives reasons. Supplement it with a description of your daily life and, if possible, with a statement from a counselling centre. In this combination the application has good prospects.

I am pregnant, 20 years old, and live with my mother — will I get the assurance?

Very probably yes. A pregnancy almost always justifies a serious ground, especially if there is no own room for mother and child in the parental home. Pregnancy counselling centres (Pro Familia, Diakonie, Caritas) help with the application and the reasoning.

What happens when I turn 25 — does the bar fall away automatically?

Yes. § 22 Abs. 5 SGB II only applies under 25. From completing the 25th year of age § 22 Abs. 4 SGB II applies — there mere necessity is enough, and the Jobcenter must give the assurance for an appropriate apartment. If the move-out can wait a few months, that is often the easier path. With violence or pregnancy, however, you should not wait.

Can I move out without an assurance if I face acute danger at home?

In principle yes — your safety comes first. You can turn to a women's shelter, a youth emergency shelter or friends. Legally you initially lose the entitlement to KdU coverage, but via an urgent application to the Sozialgericht this can be corrected if delay was demonstrably unreasonable. Document incidents as early as possible for that reason.

Do I have to engage a lawyer before filing the objection?

No. The objection is free and possible informally. A lawyer is helpful if the refusal is complicated or an urgent application becomes necessary. Bürgergeld recipients regularly receive legal advice aid (Beratungshilfe) (initial lawyer consultation) and legal-aid for proceedings (Prozesskostenhilfe, PKH) (court proceedings) via the local Amtsgericht.

Have Your Decision Reviewed Now

A refusal under § 22 Abs. 5 SGB II is no end-point. Many are unlawful or insufficiently reasoned and fall on objection or in urgent proceedings. Send us the decision, the application documents and the move-out grounds — we check whether a serious ground exists and which steps now have the strongest impact.

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

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