🛟 Basic income support in old age and in case of reduced earning capacity

If you are permanently fully unable to work and your income and assets are not enough to live on, you can apply for basic income support (Grundsicherung) under SGB XII, in addition to or instead of a reduced earning capacity pension that is too low.

Basic income support (Grundsicherung) § 41 SGB XII § 43 SGB XII Social welfare office (Sozialamt) Relief for Relatives Act (Angehörigenentlastungsgesetz)

In brief

Basic income support in old age and in case of reduced earning capacity under § 41 SGB XII is aimed at adults who are permanently fully unable to work and whose income and assets are not enough. It differs from Bürgergeld/Grundsicherungsgeld (SGB II), which is intended for people who could still work at least three hours a day: anyone who is permanently capable of less than three hours generally falls under SGB XII, not SGB II.

Contrary to what is often feared, under the Relief for Relatives Act (Angehörigenentlastungsgesetz) relatives only have to contribute to the costs of basic income support if their own annual income exceeds the statutory limit of €100,000 (§ 94 Abs. 1a SGB XII) – for the vast majority of relatives there is therefore no cost risk.

Step by step

Have permanent full reduced earning capacity establishedUsually a corresponding finding by the Deutsche Rentenversicherung already exists.
Submit the application to the local social welfare officeAs a rule, the regional or local social assistance provider at your place of residence is responsible.
Submit proof of income and assetsThe social welfare office examines need, including the standard rate, housing costs and possible additional needs.
Check the notice of decision for standard rate, housing costs and additional needsIf in doubt, an objection can also be lodged here within one month.

Deadlines

No statutory deadline

There is no cut-off deadline for the first application; however, benefits are generally not paid retroactively before the month of application – so it is worth applying early.

Watch out – common mistakes

Basic income support is only paid in case of PERMANENT full reduced earning capacity; in case of only partial or foreseeably time-limited reduced earning capacity, Bürgergeld/Grundsicherungsgeld (SGB II) is usually the relevant benefit – if in doubt, clarify the distinction with the social welfare office or Jobcenter.
Worry about financial recourse against children or parents unnecessarily keeps many affected people from applying: since the Relief for Relatives Act (in force since 1 January 2020), recourse only applies from an annual income of the relatives of over €100,000.

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

§ 41 SGB XII: eligibility requirements

People who have reached the standard retirement age, as well as adults who are permanently fully unable to work within the meaning of SGB VI, are entitled, provided an improvement of the reduced earning capacity is unlikely.

§ 43 SGB XII: use of income and assets

Own income and assets must be used first; allowances and protected assets reduce the amount to be counted.

Relief for Relatives Act (Angehörigenentlastungsgesetz)

§ 94 Abs. 1a SGB XII limits recourse against relatives with a maintenance obligation, in the case of basic income support, to cases with an annual income of over €100,000 – below this limit there is no recourse for costs.

Distinction from SGB II

Grundsicherungsgeld (Bürgergeld) under SGB II requires a capacity to work of at least three hours a day; in case of permanent full reduced earning capacity, basic income support under SGB XII applies instead.

Who is responsible

Local or regional social assistance provider (Sozialamt)

Quick questions

Worum geht es bei „Basic income support in old age and in case of reduced earning capacity“?

Which deadlines and figures matter?

No statutory deadline: There is no cut-off deadline for the first application; however, benefits are generally not paid retroactively before the month of application – so it is worth applying early.

What should I do first?

Have permanent full reduced earning capacity established: Usually a corresponding finding by the Deutsche Rentenversicherung already exists.
Submit the application to the local social welfare office: As a rule, the regional or local social assistance provider at your place of residence is responsible.
Submit proof of income and assets: The social welfare office examines need, including the standard rate, housing costs and possible additional needs.

What do I need to watch out for?

Basic income support is only paid in case of PERMANENT full reduced earning capacity; in case of only partial or foreseeably time-limited reduced earning capacity, Bürgergeld/Grundsicherungsgeld (SGB II) is usually the relevant benefit – if in doubt, clarify the distinction with the social welfare office or Jobcenter.
Worry about financial recourse against children or parents unnecessarily keeps many affected people from applying: since the Relief for Relatives Act (in force since 1 January 2020), recourse only applies from an annual income of the relatives of over €100,000.

Evidence

§§ 41, 43, 94 SGB XII (gesetze-im-internet.de)

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.