Hartz IV Objection Claim

Hartz IV WiderspruchIn order to receive basic benefits, the Hartz IV application must be submitted, together with all annexes and supporting documents, to the employment agency’s job center. The application is then processed by the administrator and the applicant receives a written notification of the approval or rejection of the basic benefits.

The decision requires a so-called administrative act of the authority and is always sent to the applicant by means of an instruction on the right of appeal in which the applicant is informed of the conduct of an objection claim and the time limits to be observed.

What information does the decision contain?

You can, for example, obtain the following information from the license:

  • The members of the community of needs,
  • The amount of benefits,
  • The period of authorization,
  • The calculation overview,
  • The bank account,
  • Health insurance and long – term care insurance as well
  • The remedy.

Hartz IV Contradiction

If the Hartz IV certificate is correct, the legal remedy instruction can be filed together with the documents and must not be considered further. If, however, the applicant does not agree with the decision, the Hartz IV objection claim is available by means of the so-called appeal procedure.

How do I submit a review request?

The review request (Hartz IV Objection Claim) is generally informal and free of deadlines. It must be sent directly to the mailbox or the postal address of the jobcenter, which has previously issued the complainant’s administrative act. If the applicant has now moved, the job center is also responsible for the review request, which has previously issued the decision.

What should the review request contain?

The person concerned should clearly state in his statement the reasons for the request of a review, what decision/s he does not agree with. The review goes beyond the objections raised by the applicant so that the authority must re-examine the entire application. This ensures that the entire administrative act is checked for correctness by the request for revision.

Template for the Hartz IV Contradiction

You can use the following sample letter to submit the verification request to the jobcenter. The application should clearly define the reasons for the review and must be submitted to the job center that issued the decision.

Decision on the Hartz IV Objection Claim – Opposition Notice

Insofar as all deadlines have been met, the Jobcenter will re-examine the Hartz IV decision by means of the submitted review request and decide on each individual case. The decision is made in the form of a complaint, which can only be brought before the social court in the form of an action. If the decision is correct, nothing else needs to be done.

If, within three months after the lodging of the opposition, the applicant has not received a notice of opposition from the jobcenter, an action for failure to act can be submitted to the Social Court in order to speed up the administrative act and to demand its right.

Section 88 (2) SGG

Failure to act in the event of negligence on the part of the authority

In principle, recipients of benefits and / or applicants have the possibility to bring an action for inaction with the Social Court if the job center is deemed to be appropriate for an administrative act (decision) longer than in § 88 SGG. The processing times according to the law apply to

  • All applications – six months
  • Hartz IV Contradiction – three months

From the application or the opposition. This time is given to job centers to make a decision.

The application is not only the general application for Arbeitslosengeld II basic benefits, but any application for benefits at the job center. These can also be, for example:

  • Additional requirements
  • Special requirements
  • Services for education and participation
  • Costs related to accommodation and heating
  • Etc.

Prior to the expiry of these periods, an action for inaction shall in principle be inadmissible.

The Hartz IV Opposition / Objection Claim Procedure:

The appeal procedure shall be dealt with in the following order:

  1. Written contradiction at the jobcenter
  2. Opposition notice (reaction of the jobcenter to the claimant’s contradiction)
  3. Action before the Social Court
    • Interim relief (in the form of an objection, parallel to the objection)
    • Appeals and complaints at the Regional Court of Appeals
    • Revision before the Bundessozialgericht

If the period of time for the opposition or the action has already expired, the decision received shall be final and unenforceable. If you only notice that you have not received services adequately or not at all, you can also revoke a legally binding decision by means of a subsequent review. For this purpose, the so-called review request must be submitted against the wrong decision at the Jobcenter. For this, it is irrelevant at which time the respective decision was issued, since all notifications must be reviewed and, if necessary, corrected according to the law. This is also necessary because of the mass of faulty Hartz IV notices.

Statistics Justify the Hartz IV Objection

The Sozialberatung Ruhr e.V. has published its annual report for the past year. Thus, the association conducted nearly 800 personal and telephone consultations, which corresponds to an increase of about one third compared to 2015. According to the social counseling, more than half of the employer’s decisions (Arbeitslosengeld II), the social welfare office (social assistance) and the employment agency (Arbeitslosengeld I) were flawed.

This can be attributed to the bureaucratic procedure and the associated administrative act of the clerks, who can often take appropriate account of the life situation of the needy. The latest statistical surveys on opposition proceedings against Hartz IV notices in the year 2015 and 2016 show that around 35 percent of the inconsistencies result in whole or in part positive for the Hartz IV recipients. In view of the ratio of a good third, performance indicators should always have their assessments checked or checked.

Causes of faulty Hartz IV notices

The most frequent causes of faulty notices on the part of Jobcenter are inadequate factual clarification as well as incorrect legal application – this essentially concerns:

  • Incorrect calculation of the Hartz IV decision
  • No additional requirement (refusal to pay, permission to pay)
  • Sanctions from the job center
  • Non-considered circumstances of the applicant
  • Too little Hartz IV / unemployment benefit II (ALG II)

2017-02-03T17:28:22+00:00