💶 Basic income support (Grundsicherungsgeld, formerly Bürgergeld) after release
In brief
During prison you are in principle excluded from receiving basic income support (Grundsicherungsgeld, formerly Bürgergeld), because the law treats accommodation for the enforcement of a court-ordered deprivation of liberty as equivalent to a residential institution. An exception applies to day-release prisoners who work outside the prison for at least 15 hours a week under the usual conditions of the general labour market. Important: you can file the application for basic income support before your release, so that the benefit is paid from the day of release – there is no entitlement backdated to the time before.
Step by step
- File the application in good time before releaseFile the informal application with the Jobcenter at your future place of residence a few weeks before the planned release date.
- Prove your release dateAttach a certificate of the expected release date, which you receive through the prison.
- Apply for initial equipment and deposit at the same timeApply in parallel for initial equipment for the home and clothing and, where applicable, for coverage of a rent deposit.
- Clarify health insuranceRegister with a health insurance fund in good time so that cover does not lapse from release day – during prison, healthcare is the responsibility of the prison authority, not a statutory health insurance relationship.
- Have the day-release exception checkedIf you already work as a day-release prisoner at least 15 hours a week outside the prison during your sentence, have the Jobcenter check whether a supplementary entitlement already exists during prison.
Deadlines
- During prison there is, as a rule, no entitlement to basic income support (§ 7 para. 4 SGB II) – the exception for day-release prisoners with at least 15 hours a week of work outside the prison should be clarified specifically with the Jobcenter.
- Anyone who only applies on release day itself risks a gap in support of several days until the first payment.
- Wages from prison work are not regular earned income subject to social insurance contributions and do not in themselves give rise to an entitlement to unemployment benefit (Arbeitslosengeld I).
- Health insurance cover can show a gap directly after release if registration with a health insurance fund was not prepared in time.
In depth · legal basis, figures and practice – for advisers and professionals
Benefit exclusion during prison (§ 7 para. 4 SGB II)
Staying in an institution for the enforcement of a court-ordered deprivation of liberty is treated as equivalent to staying in a residential institution; for this time there is in principle no entitlement to benefits under SGB II. An express statutory exception applies to persons who work at least 15 hours a week under the usual conditions of the general labour market – in practice mainly day-release prisoners.
Filing the application before release
An application can already be filed and processed before actual release; but it has no retroactive effect on the time in prison itself. The aim is that the benefit can be paid from the actual release day.
Initial equipment and deposit
In addition to the regular standard needs, initial equipment for the home and clothing as well as coverage of a rent deposit can be applied for (see the page "Housing after release").
Health insurance
During prison, healthcare is the responsibility of the prison authority under the respective state prison act; there is, as a rule, no insurance relationship in statutory health insurance under SGB V during this time. Regular compulsory insurance typically resumes on the day of release.
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.