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Hartz IV statute of limitations: After so many years, the job center can still demand money back

2022-05-18T09:04:16.194Z


Hartz IV statute of limitations: After so many years, the job center can still demand money back Created: 05/18/2022, 10:52 am By: Patricia Huber The job center can still demand money back years after an overpaid service - but there are statutes of limitations. © Rene Traut/Imago Images In certain cases, the job center may request money back from Hartz IV recipients. But if the overpayment was


Hartz IV statute of limitations: After so many years, the job center can still demand money back

Created: 05/18/2022, 10:52 am

By: Patricia Huber

The job center can still demand money back years after an overpaid service - but there are statutes of limitations.

© Rene Traut/Imago Images

In certain cases, the job center may request money back from Hartz IV recipients.

But if the overpayment was a long time ago, a statute of limitations applies.

Munich – If the job center has paid too much in Hartz IV benefits*, it can also reclaim them.

Strange stories keep doing the rounds in which the office actually only asked for a cent back.

Even several years later.

But is that even legal?

Or is there a statute of limitations?

Hartz IV: There are two deadlines for repayments

Anyone who has received too much money from the office due to changed circumstances usually has to pay it back.

But there are deadlines that the job center must adhere to.

As

gegen-hartz.de

explains, there are two different statutes of limitations in the Social Security Code (SGB).

More and more pensioners dependent on Hartz IV in the video

Normally, the standard limitation period takes effect after four years.

This is how it comes out from §50 SGB “Reimbursement of wrongly performed services”.

In paragraph four, sentence one, it says there: "The reimbursement claim expires four years after the end of the calendar year in which the administrative act according to paragraph 3 has become incontestable." Means: The period begins as soon as the Hartz IV * notice is valid , i.e. when it can no longer be attacked with a contradiction.

If the job center only sends a refund notice within this period and takes no other action, it can no longer claim the overpayment.

Hartz IV: 30-year limitation period in exceptional cases

In exceptional cases there is also a 30-year period according to §52 SGB.

Here, for example, the responsible job center must send a so-called offsetting declaration.

This suspends the original limitation period.

However, this is not the case with a simple dunning notice.

But what can you do as an affected person if the job center does not take the statute of limitations into account and still demands the money back?

In such cases, the social court then checks whether the repayment claim is legal or whether it is actually statute-barred.

(ph) *Merkur.de is an offer from IPPEN.MEDIA.

Source: merkur

All news articles on 2022-05-18

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