Overview
- The Landessozialgericht Berlin‑Brandenburg rejected the Jobcenter’s complaint (L 20 AS 364/24 B ER) and confirmed that Bürgergeld recipients are not obliged to remain in or sleep in their apartment continuously.
- The dispute began when a Brandenburg office stopped covering housing costs for roughly two and a half months after noting unusually low use of electricity, water and heating, withholding about €1,000.
- Before the appeal, the Sozialgericht Frankfurt (Oder) issued an interim order requiring provisional rent payments from February through the end of April 2024, citing no legal basis to disregard verified accommodation and heating expenses.
- Consumer reporting highlights that many offices still offset annual operating‑cost credits by default, though the Sozialgericht Berlin (2022) held that only the share corresponding to advances actually paid by the Jobcenter may be deducted.
- The Federal Employment Agency says back‑payments are generally covered and electricity refunds may not be deducted from housing costs, while a 2020 BSG ruling allows offsetting credits spanning non‑entitlement months except for parts the claimant personally paid.