Guide

Information nonetheless granted (§ 157 para. 3 SGB III; § 33 SGB II)

Although individual topics have already been discussed elsewhere, in this part of our programme we would like to deal with the subject of nonetheless granted.

We assume that an application for the opening of insolvency proceedings has been filed over the assets of your employer and that a payment of remuneration is not possible from the insolvency proceedings (insolvency estate) due to the lack of liquidity.

Insolvency money

If the insolvency event occurs, i. e. the day the insolvency proceedings are opened or the day the insolvency proceedings are rejected for lack of assets, you are entitled to insolvency money for a maximum period of 3 months prior to the occurrence of the insolvency event. Your claim to insolvency money ends on the day before the insolvency event, i. e. the day before the opening of the insolvency proceedings or the day of rejection for lack of assets.

If your employment relationship was terminated before the occurrence of the insolvency event, your individual insolvency money period is determined by the termination of your employment relationship and ends on the same day on which your employment relationship also ends.

You will receive insolvency money, unless it is paid by a third party (bank) in the form of pre-financing, at the request of the Employment Agency. The application period is 2 months from the occurrence of the insolvency event. The Agentur für Arbeit can only pay insolvency money when the insolvency money period, or your individual insolvency money period, has been determined.

Attach the following documents to your insolvency application:

  • Copies of the last 3 pay slips you received from your employer,
  • Copy of your employment contract,
  • If your employment relationship has already been terminated, the termination; termination agreement, etc.,
  • Confirmation from your employer of unpaid remuneration (advance certificate)
What do you have to do to receive benefits for your subsistence if the conditions for filing for insolvency money have not yet been met or if you have to claim benefits for the period after the opening of insolvency proceedings?

It is only possible for you to apply for benefits within the framework of the non-discriminatory provision or the universal service.

The following institutions are responsible:

  • the Employment Agency,
  • the Jobcenter and Argen (in the further part named as Jobcenter),
  • and the health insurance companies.

To enable you to earn a living, the legislator stipulates that you can apply for benefits within the framework of the so-called "non-discriminatory grant”; at the employment agency or job centre responsible for you. Nevertheless the granting is regulated in § 157 exp. 3 SGB III (ALG I) and/or § 33 SGB II (ALG II) by the legislator. The services provided here by the employment agency or the job centre will then be offset against your claim for insolvency money or remuneration.

First, you should check which service facility is responsible for you.

Responsibility: Jobcenter

If you are not entitled to unemployment benefit I or if your benefit claim relates to a previous period (e. g. an elapsed month), you must apply for unemployment benefit II at your local Job Centre. If necessary, the Job Centre can provide basic services (§ 33 SGB II), which will be offset against your claim for insolvency money or remuneration.

It is important that you speak to your job centre (unemployment benefit office II) in person and apply for basic benefit (§ 33 SGB II). Please note that you must prove both your identity and your place of residence by presenting a valid passport or identity card or a current registration certificate.

Submit the following documents to the benefit agency:

  • copies of the last 12 pay slips you received from your employer,
  • copy of your employment contract,
  • if your employment relationship has already been terminated, the termination; termination agreement, etc.,
  • if you have been released from performing the work, a copy of the release,
  • the bank statements of the last three months,
  • the daily bank statement,
  • Confirmation by the employer/(provisional) insolvency administrator that no remuneration will be paid.

If you live in a community of need, it cannot be ruled out that the co-inhabitants of your community of need will also have to submit documents on their financial circumstances.

If you have a secondary activity, it must be displayed in the Job Center.

If you submit documents to the Job Centre, we recommend that you provide the benefit office with appropriate copies, not originals. However, hold the originals in front of you during your audition.

Responsibility: Employment Agency

You have been given irrevocable release from work and you are entitled to Unemployment Benefit I and are entitled to benefits for the future period or you have been revocably released, but your employer cannot pay any wage and you are entitled to Unemployment Benefit I and are entitled to benefits for the future period.

The Agentur für Arbeit can grant unemployment benefit I on application within the scope of the nonetheless grant (§ 157 para. 3 SGB), which will be offset against your claim for insolvency benefit or remuneration.

It is important that you register as a jobseeker with the Employment Agency in your place of residence or usual abode and apply for unemployment benefit. You can only receive benefits from the day on which you personally present yourself to the Employment Agency to receive the benefits.

Please note that you must prove both your identity and your place of residence by presenting a valid passport or identity card or a current registration certificate.

Submit the following documents to the benefit agency:

  • copies of the last 12 pay slips you received from your employer,
  • copy of your employment contract,
  • if your employment relationship has already been terminated, the termination; termination agreement, etc.,
  • copy of the (provisional) insolvency administrator’s letter of exemption,
  • confirmation by the employer/(provisional) insolvency administrator that no remuneration will be paid.

If you have been granted a revocable leave of absence, the receipt of benefits will also depend on whether you declare to your employer that you no longer recognise the employer’s right to direct you. This declaration must be made in writing. Your employer must confirm receipt in writing. You will then also forward the declaration confirmed by the employer to the employment agency responsible for you with reference to your benefit claim.

If you have a secondary activity, this must be reported to the Employment Agency.

If you submit documents to the Federal Employment Agency, we recommend that you submit copies, not originals, to the benefit office. However, hold the originals in front of you during your audition.

The release from work does not yet constitute a termination of the employment relationship, but does release you from the obligation to perform the work. In the exemption phase, entitlements from overtime and leave are used up.

Responsibility: Health insurance fund

If you are on medical leave, if you are not allowed to work due to pregnancy or if you receive an employer’s supplement to your maternity pay, you must ask your health insurance company which can pay sickness benefit within the framework of the nonetheless granted benefits. In any case, you should also check with your health insurance company to see whether you also need to notify your local employment agency. The service provided here by the health insurance company will then be offset against your insolvency money or remuneration claim.

Due to the different requirements of the individual health insurance companies, we cannot recommend which documents to submit. Please clarify this directly with the health insurance company responsible for you.

If you have claimed unemployment benefit I, unemployment benefit II or sickness benefit during the insolvency benefit period, you must also file an application for insolvency benefit!

If you make use of one of the above services, you must also file an application for insolvency money with the Employment Agency. Please note the application deadline of 2 months from the occurrence of the insolvency event.

You are not entitled to benefits within the framework of the nonetheless granted benefits if your claim for insolvency money is pre-financed by your third party (usually a bank). In the event of disregard, you may be held responsible for misuse of benefits, which may have a negative effect on any later claims to benefits.

It is essential that you inform the benefit office of the name and address of your employer and of the (provisional) insolvency administrator.