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Germany’s Top Social Court Upholds €42,155 Reclaim Over Undeclared Russian Pension

The ruling confirms that foreign old‑age pensions comparable to German benefits cancel Bürgergeld eligibility.

Overview

  • The Federal Social Court in Kassel affirmed the Jobcenter’s recovery order, setting the final repayment at €42,155.88 including benefits and paid health and long‑term care contributions.
  • The claimant received SGB II between 2005 and 2009 while drawing a Russian occupational/old‑age pension that was not disclosed in initial or follow‑up applications.
  • The judges held the nondisclosure to be grossly negligent, stating that language difficulties do not excuse failure to report an ongoing pension or to seek help.
  • Before the final decision, the court required the actual pension amount to be established, then confirmed the rescission of approvals for January 2005 through October 2009.
  • Social law experts highlight the case as a warning that recipients with foreign pensions must assess comparability and disclose such income to avoid reclaims or potential penalties.