Needs community wrongly determined — who really belongs

Your Jobcenter suddenly counts people in your needs community (Bedarfsgemeinschaft, BG) — the legal unit in which the income and assets of all members are added together — who legally do not belong there at all. The result: your Bürgergeld is reduced or denied entirely, even though you do not live as one unit with these people. This happens often — and in many cases it can be successfully challenged.

The essentials in 30 seconds

  • The Bedarfsgemeinschaft is conclusively defined in § 7 Abs. 3 SGB II. Other constellations do not count.
  • It includes only: the eligible person themselves, (married) partners, unmarried minor children, and in some cases the parents of children under 25.
  • A flat-share (Wohngemeinschaft, WG) is never a Bedarfsgemeinschaft — not even among close friends or adult siblings.
  • Adult children over 25 form their own Bedarfsgemeinschaft — even if they still live in the parental home.
  • Separated spouses are no longer a Bedarfsgemeinschaft once the separation is visibly carried out.

We review your decision within 24 hours. Free and non-binding.

Why does this happen?

The Jobcenter often assesses life situations schematically. Who lives in an apartment, who knows whom, who moved in when — everything goes into a questionnaire, and at the end there is a decision. Caseworkers quickly assume that people under one roof are also an economic unit. Legally, this is wrong.

Example from practice: Lukas, 24, is a student living in a three-person flat-share. He receives top-up Bürgergeld because BAföG is not enough. One flatmate earns well as a working student. The Jobcenter suddenly classifies her as his partner — with the reasoning: "joint doorbell label, shared kitchen". His Bürgergeld is reduced to zero. In reality, the two are merely flatmates. They cook separately and only share electricity, internet and rent on a pro-rata basis. This is not a Bedarfsgemeinschaft.

The second classic mistake runs the other way: the Jobcenter keeps people in the Bedarfsgemeinschaft who legally drop out. The adult child who has turned 25. The spouse from whom you have separated, but who still lives in the apartment. In both cases income continues to be counted that may no longer be counted.

Your rights in concrete terms

1. Who counts as part of the Bedarfsgemeinschaft — exhaustive list (§ 7 Abs. 3 SGB II)

The law is narrow. The Bedarfsgemeinschaft includes exclusively:

  1. The employable eligible person themselves.
  2. The spouse or registered civil partner, if not permanently separated.
  3. A partner in a marriage-like or civil-partnership-like community (§ 7 Abs. 3 Nr. 3 c SGB II) — only in case of a genuine community of mutual responsibility.
  4. The unmarried children under 25 who live in the household and cannot secure their own livelihood.
  5. The parents (or one parent with partner) of an unmarried child under 25, if the child is itself eligible.

All others — adult children from 25, adult siblings, friends, aunts, flatmates, foster parents, adult grandchildren — do not belong to the Bedarfsgemeinschaft. At most they form a household community (Haushaltsgemeinschaft) (§ 9 Abs. 5 SGB II). That is something legally quite different: there, income is only counted in a limited way and only in exceptional cases.

2. Adult children from 25 form their own needs community

When your child turns 25, they drop out of your Bedarfsgemeinschaft — even if they continue to live with you in the household. From that day on they form their own Bedarfsgemeinschaft and, if necessary, file their own application for Bürgergeld. Their income (for instance an apprenticeship wage) may no longer be counted against you.

Many Jobcenters "forget" this transition. Check at every renewal: did a child turn 25 during the last approval period? Then the decision must be adjusted.

3. Separated spouses — separation counts immediately

A marriage alone does not yet make a needs community. What matters is whether the spouses do not live permanently separated (§ 7 Abs. 3 Nr. 3 a SGB II). As soon as you and your partner are separated — even still under one roof, because neither finds a new apartment quickly — the Bedarfsgemeinschaft ends. It is important that the separation is visibly carried out: separate finances, separate bedrooms, separate leisure activities, no joint household management anymore.

4. Community of mutual responsibility — narrow criteria (§ 7 Abs. 3a SGB II)

If you live with someone you are not married to, the Jobcenter may only assume a Bedarfsgemeinschaft if at least one of these four criteria is met:

  • You have lived together for longer than one year.
  • You live with a shared child.
  • You jointly care for children or relatives in the household.
  • One of you has authority to dispose of the other's income or assets (for instance a bank power of attorney).

If none of these criteria is fulfilled, a Bedarfsgemeinschaft is excluded — no matter how long you have known each other, no matter how well you get along. Mere sympathy, cooking together or sharing the rent are expressly not enough. This is the special case which we cover in detail on the page "Partner wrongly included in needs community".

5. Household community is not the same as needs community

If you live with relatives or in-laws (for example with your adult sister), the law speaks of a household community (Haushaltsgemeinschaft) (§ 9 Abs. 5 SGB II). Here it is presumed that you receive support insofar as the other person is in a position to provide it. But: this presumption is rebuttable — and it only applies to relatives, not to friends or flatmates.

Current case law

The social courts have confirmed the narrow boundaries of the Bedarfsgemeinschaft in numerous decisions:

  • A pure flat-share does not establish a Bedarfsgemeinschaft, even if some shared housekeeping takes place (such as joint purchase of individual basic foodstuffs). What matters is whether the persons intend to stand up for each other — and that is precisely not the case in a purpose-driven flat-share ([URTEIL-REFERENZ]).
  • The age limit of 25 must be applied to the day. With the expiry of the birthday, membership in the parental needs community ends; parental income may no longer be counted from this point on ([URTEIL-REFERENZ]).
  • In case of separation within the apartment, the needs community does not end only with the move-out, but already with the visibly carried-out separation ([URTEIL-REFERENZ]).

Concrete file numbers should be checked in your individual case by a specialist lawyer. Important for you: the courts interpret § 7 Abs. 3 SGB II narrowly. Whoever is not expressly named in the law does not belong.

How to proceed now

  1. Read the decision carefully. In the section "Bedarfsgemeinschaft" or "Calculation of need", it states whom the Jobcenter counts. Compare this list with § 7 Abs. 3 SGB II and mark deviations.
  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. Secure a brief appeal. Initially it is enough to write: "I hereby appeal against the decision of [date], file no. [number]. Reasons to follow." That preserves the deadline.
  4. Present the facts cleanly. Describe your housing and life situation briefly and precisely: who lives where? Since when? In what relationship? Who manages how? Who is the tenant? Who has which accounts?
  5. Attach evidence. Rental contract, separate bank statements, separate insurance certificates, separate tax IDs, if applicable a brief written confirmation from the flatmate about separate household management.
  6. Consider an emergency motion. If the money stops immediately, file a parallel motion for interim relief (einstweiliger Rechtsschutz) with the Sozialgericht under § 86b SGG. That secures your livelihood until the appeal is decided.

Avoid typical mistakes

  • Describing a flat-share as a "community" in questionnaires. Phrases like "We are like a family" or "We always help each other" are interpreted as a community of responsibility. Stick to sober facts: who cooks, who buys, who pays what.
  • Not reporting the separation in writing. As long as the Jobcenter knows nothing, the Bedarfsgemeinschaft continues from their perspective. Report the separation immediately in writing, ideally with date and bilateral signature.
  • Overlooking the 25th birthday. If a child turns 25 during the approval period, you and possibly the child must file an application for amendment. This does not happen automatically.
  • Believing oral assurances. The caseworker says on the phone "We'll sort that out"? In case of doubt, only what is written in the decision counts. Everything else is legally worthless.

Frequently asked questions

I live with my adult son (26). Does he belong to my needs community?

No. From the 25th birthday a child drops out of the parental Bedarfsgemeinschaft. He forms his own Bedarfsgemeinschaft and his income may no longer be counted against you. His share of rent and ancillary costs is calculated differently (per-capita principle or sub-tenancy contract).

My wife and I are separated but still live in the same apartment. Are we still a needs community?

No — provided the separation is visibly carried out (separate finances, separate rooms, no joint household management). Notify the Jobcenter of the separation in writing immediately, with date. From that day on, the income of the separated spouse may no longer be included in your calculation.

I live with a flatmate. The Jobcenter treats us as a couple. What can I do?

This is the classic mistake in flat-share constellations. For a classification as a marriage-like community, the Jobcenter must prove at least one of the four criteria of § 7 Abs. 3a SGB II — mere cohabitation is not enough. You can read about the details and the concrete steps on our specialist page "Partner wrongly included in needs community".

Do I have to disclose my flatmate's income to the Jobcenter?

No, as long as no Bedarfsgemeinschaft exists. You are only required to provide information about your own Bedarfsgemeinschaft. If the Jobcenter asserts a Bedarfsgemeinschaft, it must prove the triggering facts itself. Do not voluntarily hand over bank statements of third parties.

What does an appeal or lawsuit cost me?

Nothing. The appeal procedure at the Jobcenter and the lawsuit at the Sozialgericht are free of charge for you. With low income, Beratungshilfe (legal advice aid) and Prozesskostenhilfe (PKH) (legal aid for proceedings) also cover lawyer's fees. So you bear no financial risk.

Have your decision reviewed now

We review your decision within 24 hours. Free and non-binding.