State Social Court: Jobcenter may not count already spent back payments as income
The Berlin-Brandenburg State Social Court has ruled that a back payment may not be counted as income if the money is no longer actually available in the month in question. A nurse had filed the lawsuit. She had received a back payment from the Jobcenter and used it to pay off debts that had only arisen because her unemployment benefit payments had been too low. The Jobcenter nevertheless counted the money as income months later, even though bank statements showed that it had been almost completely used up shortly after it was received. At times, her account balance dropped below 70 euros.
The court explicitly assessed her behavior as socially adequate, because she had not spent the money frivolously, but had instead paid off debts. It awarded her an additional 436.96 euros for each of three months, totaling 1,310.88 euros. The court assessed a second back payment of 713.40 euros from a pension payment in a similar way. The woman had used this to finance the living expenses of her granddaughter, who lives with her.
The court relies on the case law of the Federal Social Court regarding available funds. According to this, a one-time payment may not be fictitiously counted indefinitely if it has actually been spent. What is important is what the money was spent on. Anyone who spends a back payment on avoidable purchases cannot easily rely on this ruling.
Citizen's benefit (Bürgergeld) was replaced by the new basic security for job seekers on July 1, 2026. The question of income assessment remains unchanged there.
If a back payment that has already been spent has been counted as income for you, file an objection within one month of receiving the notice. Collect bank statements that show when the money was received and what it was used for. Seek advice from a social counseling center.