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