The holiday season is drawing nearer and many people are planning their well-deserved holidays. However, for recipients of benefits under Book II of the Social Code (SGB II), there are specific regulations that must be observed before departure.
There is no statutory entitlement to holiday leave, as employees are accustomed to receiving from their employers, for those eligible for benefits under SGB II. Nevertheless, they do not have to forego a holiday: provided that the holiday does not hinder their integration into the labour market or their placement in employment, the law permits a temporary absence from their place of residence. In technical terms, this is referred to as ‘absence from place of residence’.
Every client of the Jobcentre is entitled to a total of up to 21 calendar days per year for an authorised absence from their place of residence. It should be noted that Saturdays, Sundays and public holidays are fully included in this calculation. Individuals who, despite receiving SGB II benefits, are in employment subject to social insurance contributions or are participating in a vocational integration programme are entitled to the holiday entitlement granted by their respective employer or programme provider.
The rule is: you must not set off on your trip without the Jobcentre’s prior approval. The procedure for obtaining holiday authorisation without any complications is clearly defined. Jobcentre clients should contact their designated integration adviser at the Jobcentre by telephone or email around 10 days before their planned departure to have their absence approved. Immediately upon their return, they must then report back to the Jobcentre in person. Benefits will continue to be paid throughout an authorised absence from the area.
Anyone who travels without the prior consent of the integration adviser, or who extends the authorised period of their own accord, is unlawfully staying outside the so-called ‘time- and location-related area’. In this case, entitlement to benefits ceases entirely. This means that the standard allowance paid for the period in question, as well as the reimbursed costs for accommodation and heating, must be repaid in full.