Moving and the Jobcenter: The Assurance under § 22 Abs. 4 SGB II

You want to move — because of the children, a new job, health reasons, or because the old apartment has become unbearable. Then you hear: "The Jobcenter must approve this first." That is true. But what is often left unsaid: the Jobcenter must approve if the requirements are met. It is not a favor. It is your right.

The most important points in 30 seconds

  • Before any planned move you should obtain an assurance (Zusicherung) from the Jobcenter under § 22 Abs. 4 SGB II — in writing, before signing the new rental contract.
  • The Jobcenter must issue the assurance if the move is necessary and the new apartment is reasonable. It has no discretion here.
  • "Necessary" does not mean "comfortable". Health, number of children, taking up employment, separation, violence, or extremely cramped conditions regularly suffice.
  • Without assurance, the Jobcenter in the new apartment pays only the previous rent — even if the new rent would actually be reasonable.
  • A blanket rejection ("your current apartment is sufficient") is often unlawful. An objection is almost always worthwhile.

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

Why does this happen?

Since 2011, § 22 Abs. 4 SGB II stipulates that Bürgergeld recipients shall obtain the Jobcenter's assurance before a move. The legislator wanted to prevent people from moving into expensive apartments and then confronting the Jobcenter with high costs. In practice, however, this has developed into a kind of filter with which many Jobcenters block moves across the board — even where the law clearly permits them.

A concrete example: Ms. A. is a single parent living with two children (8 and 11 years old) in a 40 sqm two-room apartment. She sleeps in the living room, the children share the second room — a boy and a girl approaching teenage years. She finds a 65 sqm three-room apartment in the same city, within the rent ceiling for three persons. The Jobcenter refuses: "Your current apartment is sufficient after all." That is simply wrong. Case law considers a room of one's own appropriate for every school-age child from a certain age, and municipal reference values provide clearly more than 40 sqm for three persons. An objection has very good prospects here.

The conflict usually arises around one word: "necessary". Jobcenters read it strictly ("life impossible without moving"), the courts read it much more broadly. In between lies a gray area that for you means real money and often quality of life.

Your rights in detail

  1. Right to assurance when necessity and reasonableness are given (§ 22 Abs. 4 SGB II). If both conditions are met, the Jobcenter must give assurance. This is not a discretionary decision ("may") but a bound decision ("is obliged"). Anyone telling you otherwise is wrong.

  2. Broad concept of necessity. Accepted grounds include in particular: health problems (medical certificates!), too small a living area for the household size, violence in marriage or partnership, separation with a new household, taking up work or training with unreasonable distance, need to care for close relatives, massive defects in the old apartment (mold, noise, structural danger).

  3. "Necessary" ≠ "justified". This is a subtle but important difference. "Justified" means there is an understandable reason — you want to move to a quieter neighborhood, closer to your mother, into a nicer apartment. "Necessary" means the move is objectively required for factual reasons, not just subjectively wished for. So the Jobcenter does not have to approve every "justified" move — but every move where the necessity is plausibly set out.

  4. Reasonableness based on municipal reference values (§ 22 Abs. 1 SGB II). The new apartment must be within the local rent ceiling — by area and gross cold rent. If it is above that, assurance is granted only in exceptional cases. If it is below or within, the Jobcenter may not reject with other arguments ("you could live cheaper").

  5. Written form and reasoning. The assurance is an administrative act. So is the rejection. Both must be issued in writing and justified (§ 35 VwVfG). Telephone "no's" have no legal standing. Always insist on a written decision.

  6. Right to object (§ 84 SGG). Against the rejection of the assurance you can file an objection within one month. In case of urgency (imminent termination, concrete apartment offer with deadline), an urgent application to the Social Court is possible.

Current case law

The baseline of the Social Courts is clear: the Jobcenter may not refuse the assurance across the board but must examine the individual situation. A rejection based solely on living area or rent price is not enough if medical or family reasons exist ([URTEIL-REFERENZ]).

In cases of cramped living conditions with children, Regional Social Courts have repeatedly decided that children from school age generally may claim their own room and that by puberty at the latest, separation by gender is required. A move is in such cases regularly to be regarded as necessary ([URTEIL-REFERENZ]).

On violence in marriage or partnership, it is recognized that those affected have a right to immediate assurance, even without prior consultation with the Jobcenter. It may not be demanded that they first seek out a women's shelter or file a police report — credible description plus proof (medical certificates, counseling center certificates) are enough ([URTEIL-REFERENZ]).

Also with taking up work involving commuting times that are unreasonable, necessity is generally to be affirmed. The limit of reasonableness is regularly drawn in case law at 2.5 hours of travel time per day for full-time work ([URTEIL-REFERENZ]).

The Federal Social Court has made clear that assurance, once granted, cannot be withdrawn without further ado. Protection of legitimate expectations (Vertrauensschutz, § 45 SGB X) applies here too.

How to proceed now

  1. Summarize the reason for moving in writing. Write down why the move is necessary — in a few, clear sentences. Example: "My 11-year-old daughter and my 8-year-old son sleep in the same room, I sleep in the living room. Our apartment is 40 sqm. The municipal table provides 75 sqm for three persons."

  2. Collect evidence. Medical certificates (for health reasons), employment contract or binding offer (for taking up work), school attendance certificates, in case of violence in marriage a certificate from a counseling center, for apartment defects photos and if applicable a tenant association letter. Anything that objectifies the necessity.

  3. Obtain the offer for the new apartment. You need: living area, basic rent, utilities, heating costs listed separately. The landlord usually provides this on a "housing provider confirmation" or informally. Check yourself in advance whether the gross cold rent is below the municipal ceiling for your household size.

  4. Apply for assurance in writing. Informally or on the Jobcenter's form. Important: date, your signature, clear wording ("I hereby apply for the assurance under § 22 Abs. 4 SGB II for the move into the apartment ..."), documents as attachment. Submit against receipt stamp or by registered mail.

  5. In case of rejection: objection within one month. Informally ("I hereby file an objection against the decision of ..."). You can submit the reasoning later. Remember the deadline calculation (notification plus three days postal fiction, then one month).

  6. In a hurry: urgent application. If you have found a specific apartment and the landlord will not wait, the Social Court can in an urgent procedure oblige the Jobcenter to issue a preliminary assurance. That works within a few weeks, often faster.

Avoiding typical mistakes

  • Do not move without assurance. If you "just" move, the Jobcenter in the new apartment only covers the previous costs — even if the new rent would objectively be reasonable. That can mean 100–200 € monthly difference from your standard benefit (Regelbedarf). Exception: you applied for the assurance and the Jobcenter does not decide in time.

  • Do not rely on verbal promises. A "yes, that works" on the phone is worth nothing legally. Only the written decision counts. Insist on it.

  • Do not forget moving costs. If the assurance is granted, you can additionally apply for moving costs, deposit, and if applicable double rent payment (§ 22 Abs. 6 SGB II). This is a separate application, not automatic. Details are in our articles on rental deposit and double rent when moving.

  • Do not state the wrong reason. "I no longer like the neighborhood" does not carry. If it is actually about noise — say noise. If it is about mold — say mold. The legally load-bearing reasons must be in the application, otherwise they are hard to add later in the procedure.

Frequently asked questions

What happens if I move without assurance?

You may move — the Basic Law guarantees freedom of movement. But the Jobcenter then only covers the costs of your old apartment in the new apartment (§ 22 Abs. 1 Satz 2 SGB II). If the new rent is higher, you pay the difference from the standard benefit. If it is lower, that is no problem — in that case the actual (lower) costs are covered.

Is separation from a partner enough as a reason to move?

Yes, regularly. An actual separation justifies the necessity of a separate household. However, you must credibly show that the separation is serious and permanent. In practice, this is rarely doubted. In cases of violence in marriage, time pressure is added — here the assurance is to be issued immediately.

My Jobcenter says my current apartment is sufficient. What can I do?

That is the most frequent ground for rejection — and often wrong. Check two things: First, what are the municipal reference values for your household size (square meters, number of rooms)? Second, what specific reasons argue against the old apartment (health, number of children, defects)? Lay out both in writing in the objection. In many cases the rejection is then overturned.

Do I have to move within the same town, or may I move to another city?

In principle you are free to choose the new place of residence. In practice, however, the Jobcenter will examine more carefully if you change the jurisdiction — especially whether the necessity carries the specific choice of location (for example taking up work, family reasons). Note: jurisdiction for assurance in case of a move to another Jobcenter district is regulated inconsistently; as a rule the old Jobcenter gives assurance for the previous costs, the new one examines reasonableness at the new location.

How long may the Jobcenter take to decide?

§ 22 Abs. 4 SGB II does not specify a fixed deadline, but the Jobcenter is obliged to process swiftly (§ 17 SGB I). In practice, two to three weeks should suffice. In case of demonstrable urgency (rental contract with deadline), you can press for a faster decision and if necessary file an urgent application.

Have your decision reviewed now

A rejection of the assurance is not a final point. Send us your decision, the application documents, and your reasons for moving. We will tell you within 24 hours whether and how an objection is worthwhile — and whether, in an urgent case, an application to the Social Court makes sense.

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