What does this mean for me?
An advance under § 42 SGB I requires an established entitlement in principle while determining the amount takes longer. On request, payment must begin no later than after one calendar month from receipt of the advance request; its amount is subject to statutory discretion. § 43 SGB I concerns an established entitlement and a dispute between providers over responsibility.
An advance is not an award of the final benefit, and excess payments may have to be repaid. The calendar-month period starts when the advance-payment request is received, not when the benefit application was submitted.
What can I do now?
1.1
Submit the application to the office you believe is responsible and save a dated copy or receipt.
2.2
Ask in writing for advice and list any urgent bills or hardship.
3.3
If processing is delayed, request an advance under section 42 SGB I and explain why you expect eligibility.
An example
Applications, advice and advance payments
A person applies for a benefit but the office is still checking income records. They ask for an advance and provide the records already available. Whether an advance is due and how much depends on the individual circumstances.
Scope and support
General orientation in German social law, not individual legal advice or a guarantee. Check the decision, remedy instructions and special rules. The office or court decides each case. BAföG uses administrative courts; social-court rules do not automatically apply. A lawyer may charge fees; legal aid may be available subject to conditions.
Your rights in German social lawRequest for an advance paymentCourts, costs and legal aid