Deadlines and restoring a missed deadline

Deadlines matter in social-law proceedings. Record the date a letter was received, follow its appeal instructions, and send documents using a method that produces proof. If you missed a deadline for reasons beyond your control, you may be able to request reinstatement, but you must act promptly.

What does this mean for me?

Section 64 SGG sets rules for calculating periods; section 66 addresses information about remedies and the effect of defective instructions; and section 67 concerns reinstatement. Reinstatement generally requires no fault, a request within one month after the obstacle ends, and completion of the missed act. A one-year outer limit generally applies, subject to statutory exceptions.

BAföG proceedings are administrative, not social-court proceedings; section 60 VwGO generally has a two-week request period after the obstacle ends.

What can I do now?

  1. 1.1

    Write down the notification date, deadline, and any reason the deadline was missed.

  2. 2.2

    Contact the relevant authority or court promptly after the obstacle ends.

  3. 3.3

    Submit the reinstatement request and the omitted objection, appeal, or other act together where possible.

An example

Deadlines and restoring a missed deadline

A person was unable to act because of a serious unexpected event and contacts the court shortly after recovering. They explain the dates and file the missing document. The court decides whether the legal conditions are met.

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 lawCourts, costs and legal aid

Sources