According to reports from Germany’s Federal Social Court (BSG), on October 7 it issued rulings in two cases concerning social benefits. In the first case, the court confirmed the absence of entitlement to ALG II from the Jobcenter for the disputed period and clarified the conditions for retaining worker status upon involuntary unemployment; in the second, it recognized an informal unemployment letter as valid registration in that specific case after the employment agency failed to clarify formal requirements in a timely manner.
- When assessing the condition of more than one year of employment to retain worker status following involuntary unemployment, the BSG required a single continuous period alongside confirmation of unemployment by the Agentur für Arbeit.
- In a specific case, an unemployment notification letter was recognized as valid registration because the agency failed to promptly explain the requirement for in-person or electronic registration.
- The BSG confirmed the lack of entitlement to ALG II from the Jobcenter in the first case; transitional payments under SGB XII and unemployment benefit entitlement in the second case were remanded for rehearing.
Requirement of Over One Year of Employment in Involuntary Unemployment
Case B 7 AS 3/25 R concerned a dispute brought by a Bulgarian national regarding benefits for the period from July 16, 2020, to February 14, 2021. The BSG confirmed that she was not entitled to ALG II from the Jobcenter for that period: she lacked five years of habitual residence in Germany and held only a right of residence for job seeking. While her spouse had worked for more than one year in aggregate, his employment consisted of several separate periods interrupted by gaps.
In reviewing the requirement of more than one year of employment to retain worker status after involuntary unemployment, the BSG ruled that this qualifying period must fall within a single, continuous stretch of employment; periods interrupted by unemployment cannot be aggregated. Involuntary unemployment must also be confirmed by the Agentur für Arbeit. The court modified its earlier jurisprudence following the Court of Justice of the European Union (CJEU) ruling in Deldwyn of March 12, 2026.
Consequently, the BSG upheld the denial of ALG II from the Jobcenter for the disputed period. The case was remanded to the State Social Court (Landessozialgericht) because it had improperly excluded the responsible municipal social welfare authority from the proceedings. The claim for transitional benefits under SGB XII remains open, as this authority may be responsible for them and the lower court must rejoin the entity and establish the relevant facts.
Written Notification Credited for Unemployment Registration
In case B 11 AL 4/25 R, a claimant requested unemployment benefits effective March 29, 2023, rather than May 8. Before appearing in person at the agency, she submitted a written letter reporting her unemployment and declaring her intent to claim benefits. The BSG stated that the letter contained the essential details required for registration, even though it was not submitted in the formally prescribed manner.
The court ruled that this notification must be treated as a valid registration under the legal doctrine of administrative rectification (sozialrechtlicher Herstellungsanspruch). The employment agency was obligated to explain without delay that formal registration required personal appearance or the use of the online portal. Because no timely clarification was provided, the claimant must be treated as registered from March 29, 2023.
The BSG did not make a final determination on entitlement to unemployment benefits. The case was remanded to the State Social Court, which must determine whether the woman was actually unemployed from that date and whether she fulfilled the qualifying insurance period (Anwartschaftszeit).