Calculate like the job center? Nobody has to! Family does not have to pay back citizen's allowance

Administrative error at the Jobcenter - and the family has to pay?

Overpaid 3,000 euros - and then claim it back? Not with the Berlin-Brandenburg Regional Social Court (LSG)! In a recent ruling, the court ruled in favor of a family that had received too much citizen's allowance due to a calculation error by the Jobcenter. The reclaim? Inadmissible - because no accounting precision can be demanded from recipients of citizen's allowance. (Judgement of 03.04.2025, Ref. L 3 AS 772/23)

The job center had calculated the benefits on the basis of an incorrect income - instead of the stated 1,600 euros net, they calculated with 1,600 euros gross. The result: the family was paid too much for around ten months. When the error came to light, they promptly received a notice of repayment.

First an error by the authorities - then a repayment claim

The person concerned, who acted as the representative of the family of three, defended herself against the reclaim. She lost before the social court - she was accused of having overlooked the error "through gross negligence". However, the regional social court took a completely different view: "You don't have to do better maths than the authorities themselves.

The judges emphasized: Citizen's allowance notices are often complex, with convoluted tables, unclear terms and detailed calculations over several pages. And not everyone - especially those without legal or commercial training - can see at first glance that something has been calculated incorrectly. Especially when earned income plays a role for the first time.

Gross negligence? Not in the case of complicated official decisions

According to the law, gross negligence would have been required for a repayment - in other words, a blatant breach of one's duty of care. However, the court did not consider this to be the case: Although the wife had not noticed the error, this was understandable given the complexity of the notice. Especially because previously only ALG I was received - where gross and net differences played no role.

Conclusion: If even the authorities can no longer see through it, you can't expect citizens to. Trust in the approval decision is worthy of protection - the family is allowed to keep the benefits they received in excess.

You have to be able to trust the job center

This ruling is a strong signal against the cold logic of reclaim notices. Anyone who struggles through the bureaucracy and relies on the information provided by the Jobcenter must not end up being the fool just because a few figures have slipped.

Authorities that make mistakes in their calculations should first clean up their own mess before asking citizens to pay. And anyone who understands a Hartz IV or citizen's allowance notice without having studied law or business administration should not be punished - but rather sent to the Ministry of Finance.