👵 Poverty in old age

If your pension is not enough to live on, basic income support in old age is a separate benefit outside SGB II – with different rules from basic income support (Grundsicherungsgeld).

basic income support in old age § 41 SGB XII old-age poverty principle of knowledge pension top-up

In brief

If you have reached the statutory retirement age or are permanently and fully unable to work and your income and assets are not enough to live on, you can receive basic income support in old age and in case of reduced earning capacity under SGB XII. It differs in important respects from Bürgergeld or basic income support (Grundsicherungsgeld) under SGB II – for example in how the application is triggered and in that, in principle, no priority on placement into work applies.

Step by step

Check the entitlement conditionsBasic income support in old age comes into question if the standard retirement age has been reached or there is permanent full reduction in earning capacity and the pension or other income is not enough to live on.
Apply at the SozialamtThe local Sozialamt (social welfare office) is responsible, not the Jobcenter; unlike with basic income support (Grundsicherungsgeld), the authority's awareness of need is in some cases already enough to trigger benefits retroactively.
Disclose income and assetsPension, other income and assets are taken into account in the calculation; protected assets remain disregarded.
Note recourse for maintenanceUnlike with younger relatives, recourse for maintenance against children or parents is checked only to a limited extent for basic income support in old age, if their annual income does not exceed a statutory limit.

Deadlines

Watch out – common mistakes

Basic income support in old age is granted on application, but under § 44 SGB XII it can start retroactively from the point at which the authority becomes aware of the need for social assistance – unlike SGB II, where the strict principle of application generally applies.
Even with a low pension, applying is not automatically worthwhile for everyone – assets above the protected amount or income of children above the statutory limit can reduce or rule out the benefit.
According to available studies, hidden poverty is particularly widespread among older people (see topic page "Hidden poverty and non-take-up") – shame or ignorance often mean that an existing entitlement is not claimed.

In depth · legal basis, figures and practice – for advisers and professionals

Legal basis and distinction from SGB II

Basic income support in old age and in case of reduced earning capacity is regulated in §§ 41 ff. SGB XII. It is aimed at people who have reached the standard retirement age or are permanently and fully unable to work, and to that extent takes the place of SGB II, which in principle covers people able to work (§ 7 Abs. 1 SGB II). Unlike in SGB II, the so-called principle of knowledge applies in SGB XII under § 18 SGB XII: social assistance starts as soon as the provider becomes aware of the need for help, not only with a formal application – a formal application is nevertheless required for basic income support in old age under § 41 Abs. 1 in conjunction with § 44 SGB XII, but takes effect retroactively to the point of awareness.

Limited recourse for maintenance

Under § 43 Abs. 5 SGB XII, recourse against children or parents obliged to pay maintenance is carried out for basic income support in old age only if their total annual income exceeds an amount set by law – this is intended to lower the threshold for applying.

Who is responsible

Local Sozialamt or supra-local provider of social assistance

Quick questions

Worum geht es bei „Poverty in old age“?

If your pension is not enough to live on, basic income support in old age is a separate benefit outside SGB II – with different rules from basic income support (Grundsicherungsgeld).

What should I do first?

Check the entitlement conditions: Basic income support in old age comes into question if the standard retirement age has been reached or there is permanent full reduction in earning capacity and the pension or other income is not enough to live on.
Apply at the Sozialamt: The local Sozialamt (social welfare office) is responsible, not the Jobcenter; unlike with basic income support (Grundsicherungsgeld), the authority's awareness of need is in some cases already enough to trigger benefits retroactively.
Disclose income and assets: Pension, other income and assets are taken into account in the calculation; protected assets remain disregarded.

What do I need to watch out for?

Basic income support in old age is granted on application, but under § 44 SGB XII it can start retroactively from the point at which the authority becomes aware of the need for social assistance – unlike SGB II, where the strict principle of application generally applies.
Even with a low pension, applying is not automatically worthwhile for everyone – assets above the protected amount or income of children above the statutory limit can reduce or rule out the benefit.
According to available studies, hidden poverty is particularly widespread among older people (see topic page "Hidden poverty and non-take-up") – shame or ignorance often mean that an existing entitlement is not claimed.

Evidence

§ 7, § 41, § 43, § 44 SGB XII; § 7 SGB II (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.