Apply for legal advisory aid (Beratungshilfe): legal help for 15 euros — how it works

Q: Do I get Beratungshilfe if I am "only topping up"?

Yes. Decisive is economic neediness, not the type of benefit. Anyone receiving Bürgergeld to top up their wages is equally entitled. For top-up recipients, the legal application office often additionally requests the latest pay slips.

Q: What if the local court rejects my application?

Against the rejection of the voucher you can lodge an Erinnerung (§ 6 Abs. 2 BerHG i.V.m. § 11 Abs. 2 RPflG). The Erinnerung must be filed in writing or for the record at the local court — usually a short letter requesting a judicial decision suffices.

A reduction notice (Kürzungsbescheid) from the Jobcenter is in your mailbox, the deadline is running, and you would like a lawyer to advise you — but you cannot afford the fees. This is exactly the situation legal advisory aid (Beratungshilfe) under the Beratungshilfegesetz (BerHG) was made for. With a voucher (Berechtigungsschein) from the local court (Amtsgericht), you receive full legal advice for just 15 euros own contribution.

The essentials in 30 seconds

Beratungshilfe covers out-of-court advice and representation — for example for an objection (Widerspruch) against a Jobcenter notice (§ 2 BerHG).
Anyone receiving Bürgergeld automatically meets the neediness requirement (§ 1 Abs. 1 Nr. 1 BerHG).
You only pay an own contribution of 15 euros per matter — and the lawyer may even waive it (§ 8 BerHG).
The voucher is applied for at the legal application office (Rechtsantragsstelle) of the local court — or retrospectively via the lawyer (§ 6 BerHG).
Distinction: For court proceedings (lawsuit before the social court) you instead need legal aid (Prozesskostenhilfe, PKH) under §§ 114 ff. ZPO.

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

Why legal advisory aid?

Bürgergeld amounts to roughly 563 euros per month for a single person. An initial legal consultation on the open market regularly costs between 190 and 250 euros. No one living on basic security can afford that. This is precisely why the legislator created legal advisory aid (Beratungshilfe): to ensure that people with low incomes also receive legal help outside court proceedings — so that access to justice does not depend on the size of one's wallet.

A typical example

Elena, 29, a single mother, two children (3 and 6 years), German is not her native language. She receives a notice: part of her rent will no longer be covered because her flat is allegedly too large. Elena understands the notice only partially. She wants to file an objection (Widerspruch) but does not dare to do it alone — and a lawyer, she says, "I cannot afford". What Elena does not know: the next morning she goes to the legal application office of the local court, presents her Bürgergeld notice and the reduction notice, fills in a form — and leaves the court half an hour later with a voucher (Berechtigungsschein). With this voucher she finds a lawyer specialised in social law. Cost for Elena: 15 euros. The lawyer files the objection, justifies it and negotiates with the Jobcenter — the rest of the fees the lawyer settles directly with the state treasury.

Your concrete rights

1. Entitlement to legal advisory aid — § 1 BerHG

You receive Beratungshilfe if three conditions are met together: you cannot raise the necessary funds (neediness), you have no other reasonable option for help, and the legal action is not frivolous. Anyone receiving ongoing Bürgergeld practically always meets the neediness requirement — the current allocation notice is sufficient proof.

2. Scope of help — § 2 BerHG

Legal advisory aid (Beratungshilfe) covers advice and, where necessary, representation vis-à-vis the opposing party — that is, vis-à-vis the Jobcenter. Concretely: the lawyer may write the objection (Widerspruch) for you, inspect the file, negotiate with the Jobcenter and possibly settle. As soon as it goes to court (lawsuit at the social court), Beratungshilfe ends and legal aid (Prozesskostenhilfe) takes over.

3. Own contribution only 15 euros — § 8 BerHG

You pay the lawyer a one-off 15 euros per matter. "Matter" is to be understood broadly: an objection procedure is one matter — even if the lawyer drafts three letters. The lawyer may waive the 15 euros in whole or in part if he considers it appropriate. All further fees are borne by the state treasury.

4. Voucher — § 6 BerHG

The voucher (Berechtigungsschein) is your proof to the lawyer. It is issued by the legal application office of the local court in whose district you live. You can fetch the voucher before the appointment with the lawyer — or, if speed is needed, retrospectively: the lawyer first advises you, you or the lawyer submit the application within four weeks of the start of the advice to the local court.

5. No exclusion for "small" amounts

Common misconception: some believe Beratungshilfe is only available for high amounts in dispute. That is not correct. Decisive is not the size of the claim, but whether the legal action is not frivolous (§ 1 Abs. 2 BerHG). Frivolous means only that a reasonable, non-needy person, with the same interests, would not consult a lawyer of his own accord.

6. Free choice of lawyer — § 3 BerHG

You may choose the lawyer freely. The local court does not assign a lawyer. Recommended is a specialist lawyer for social law (Sozialrecht) or a firm regularly handling Bürgergeld cases. Lawyers may refuse a Beratungshilfe mandate only for important reasons.

Recent case law

The Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has repeatedly stressed that legal advisory aid is an expression of the rule-of-law and welfare-state principles: those without means must not be substantially worse off than those with means in matters of legal protection. Courts must therefore not lightly assume that an applicant could "help himself" — a specific case-by-case examination is required [URTEIL-REFERENZ].

Local courts have applied very different standards in the frivolousness review. The higher-court line stresses: the application must not be rejected solely because the Jobcenter offers free advice — the Jobcenter is the opposing party and cannot review its own notices neutrally [URTEIL-REFERENZ].

In cases of language barriers, complex legal subject matter, or several intertwined legal bases (typical in SGB II: income offsetting, KdU, additional needs), courts regularly assume that even a non-needy citizen would consult a lawyer — Beratungshilfe must then be granted [URTEIL-REFERENZ].

How to proceed now

Step 1 — Gather documents Have ready: ID card, current Bürgergeld notice, the notice you want to challenge (e.g. the KdU reduction notice), rental contract, recent bank statements and — if available — proof of maintenance, child benefit or other income.

Step 2 — Go to the local court (legal application office) Responsible is the local court (Amtsgericht) of your place of residence. There you will find the Rechtsantragsstelle (often also called "Office for Beratungshilfe"). You usually do not need an appointment — opening hours are listed on the court's website. Tip: go early, waiting times are shorter.

Step 3 — Fill in the application You receive the form "Antrag auf Beratungshilfe". Enter your personal data, the legal problem ("Widerspruch against Jobcenter notice of …") and your income situation. For Bürgergeld recipients, ticking the corresponding box and submitting the allocation notice is enough.

Step 4 — Collect the voucher The legal application office often reviews the application directly on the spot. In most cases you receive the voucher the same day. Keep it safely — without it no appointment with a lawyer (except for retrospective applications).

Step 5 — Choose a lawyer Look specifically for a specialist lawyer for social law or a firm taking SGB II cases. Starting points: the lawyer search of the local Bar Association, recommendations from advice centres (Caritas, Diakonie, Arbeiterwohlfahrt, social associations like SoVD or VdK), or an online search for "Sozialrecht + city + Beratungshilfe".

Step 6 — Make an appointment and present the voucher When calling, mention immediately that you are coming with a voucher. Bring the voucher and all documents from step 1 to the appointment. You pay the 15 euros own contribution directly to the lawyer — in cash or by transfer. The rest the lawyer settles with the state treasury.

Avoiding typical mistakes

Mistake 1 — Waiting until the deadline expires The objection deadline at the Jobcenter is one month (§ 84 SGG). Many delay the trip to the local court because "I still have to gather my documents". That is risky. Better: first file an informal objection yourself to preserve the deadline, then apply for Beratungshilfe in peace — the lawyer can submit the reasoning later.

Mistake 2 — Confusing the voucher with legal aid Beratungshilfe (BerHG) = out of court. Legal aid (Prozesskostenhilfe, PKH, §§ 114 ff. ZPO) = court proceedings. If the objection failed and you want to file a lawsuit (Klage), you need a new application — this time PKH, directly at the social court.

Mistake 3 — "Forgetting" the own contribution 15 euros looks small but is easily overlooked. Discuss with the lawyer at the first contact when and how you pay. If the 15 euros are really problematic for you: ask explicitly for a waiver under § 8 BerHG — many lawyers waive in obvious hardship.

Mistake 4 — Mixing up several "matters" A voucher is valid for one legal matter. If you have problems with the Jobcenter and a tenancy dispute at the same time, you need two separate vouchers. Describe to the legal application office exactly what each is about.

Mistake 5 — Starting advice without a voucher and losing track of the deadline The retrospective application under § 6 Abs. 2 BerHG is only allowed within four weeks of the start of the advice. Anyone who waits risks the lawyer being left without a voucher in the end — and having to charge you the full fee.

Frequently asked questions

Do I get Beratungshilfe if I am "only topping up"?

Yes. Decisive is economic neediness, not the type of benefit. Anyone receiving Bürgergeld to top up their wages is equally entitled. For top-up recipients, the legal application office often additionally requests the latest pay slips.

What if the local court rejects my application?

Against the rejection of the voucher you can lodge an Erinnerung (§ 6 Abs. 2 BerHG i.V.m. § 11 Abs. 2 RPflG). The Erinnerung must be filed in writing or for the record at the local court — usually a short letter requesting a judicial decision suffices.

Can I apply for Beratungshilfe several times a year?

Yes. For each new legal matter you can file a new application. If, however, only new aspects appear within the same matter (e.g. a follow-up notice on the same reduction), it is often the same matter — here the lawyer helps with the assessment.

Must the lawyer accept me if I have the voucher?

In principle yes — under § 49a BRAO he may refuse the mandate only for important reasons (e.g. conflict of interest, overload, lack of expertise). If you are refused, try another firm. The local Bar Association will refer you on if you wish.

What about telephone advice services or advice from the Jobcenter?

Free legal advice from advice centres (Caritas, social associations) or by the Jobcenter itself cannot replace Beratungshilfe when it comes to the review of a specific notice or representation vis-à-vis the Jobcenter. The Jobcenter is your opposing party and cannot advise you neutrally.

Have your decision reviewed now

Before going to the local court, you can have it determined within minutes whether an objection is worthwhile — and which specific points in the notice are problematic. This saves you the trip if the notice is correct and gives the lawyer a clear starting point later if you use Beratungshilfe.

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