🔗 Unemployment benefit with reduced work capacity (Nahtlosigkeit, § 145 SGB III)
In brief
After sickness benefit ends there is often a gap. The pension insurance has not yet decided whether you have reduced earning capacity. The employment agency may say you are not available for placement.
§ 145 SGB III exists for this. If your capacity is reduced for more than six months and you therefore cannot do work subject to social insurance contributions for at least 15 hours a week, unemployment benefit (Arbeitslosengeld) can be paid. Condition: the pension insurance has not yet determined reduced earning capacity.
The employment agency will then ask you to apply for rehabilitation within one month. If you apply within the deadline, the application counts as made at the same time as the unemployment benefit application.
Step by step
- Report before sickness benefit endsTalk to the Agentur für Arbeit early.
- Apply for unemployment benefitSubmit the application for unemployment benefit. In case of illness, a representative can handle the registration as unemployed.
- Submit the rehabilitation applicationSubmit the rehabilitation application within the one-month deadline set.
- Wait for the pension noticeIf a pension is granted, the providers reimburse each other.
Deadlines
- Without a rehabilitation application within the deadline, the benefit entitlement is suspended until the application is made (§ 145 Abs. 2 SGB III).
- If the pension insurance determines reduced earning capacity, the Nahtlosigkeit rule no longer applies. If a pension is paid, unemployment benefit can be reimbursed.
- In case of transitional allowance (Übergangsgeld) or a reduced earning capacity pension, the Bundesagentur has reimbursement claims (§ 145 Abs. 3 SGB III).
- Whether you meet the other requirements for unemployment benefit (qualifying period, Anwartschaftszeit) was not checked here.
In depth · legal basis, figures and practice – for advisers and professionals
Rule
§ 145 SGB III (reduction in work capacity) provides that unemployment benefit is received by a person who, because of a reduction in capacity lasting more than six months, cannot do employment subject to social insurance contributions of at least 15 hours a week under the conditions usual on the labour market relevant to them without taking the reduction in capacity into account, as long as no reduced earning capacity has been determined under the rules of the statutory pension insurance. The determination is made by the pension insurance provider. In case of health impairments, registration as unemployed can be made by a representative; the person must then register in person without delay as soon as this is possible.
Request to apply for rehabilitation
The Agentur für Arbeit is to ask the person to apply for rehabilitation benefits within one month. If the application is made within the deadline, it counts as made at the same time as the unemployment benefit application. If the deadline is missed or the person fails to cooperate, the entitlement is suspended until the application or a pension application is made.
Reimbursement
If the pension insurance pays transitional allowance or a reduced earning capacity pension, the Bundesagentur has reimbursement claims (§ 145 Abs. 3). The amount of unemployment benefit and the qualifying period were not checked; see group Arbeitslose.
Not checked
Current instructions of the Bundesagentur on Nahtlosigkeit and possible changes through the 2026 reform of basic income support were not checked in primary sources.
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