SGB XII basic security: reviewing an older decision

An example

A person later finds records showing that income was counted twice. They ask for review and attach the records. The office must assess the request, but correction and any back payment depend on the law and facts.

What does this mean for me?

Requesting review of a final decision

A final decision is not always beyond challenge. Section 44 SGB X allows a request to review certain decisions that should not have been made, including some decisions that have become final. Explain what was wrong when the decision was issued and provide records that support your account.

§ 44 SGB X is not a remedy for every authority decision. Its legal conditions must be met; an expired objection deadline is not a prerequisite. Retroactive benefits are generally limited to four years, calculated from the start of the application year. SGB II § 40 and SGB XII § 116a reduce the payment period to one year and separately limit withdrawal to four years after the end of the notification year. A request does not guarantee correction or payment. For the separate four-year withdrawal limit under SGB II/XII, submitting the review request within that period is sufficient. Without a request, the payment period is calculated from the withdrawal year.

Read the explanation

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.

Sources

§ 116a SGB XII ↗