Clarification of the issue with the Employment Office/rental assistance during training.
September 6, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
I am 24 years old and have a problem with the Employment Agency/Job Center.
The issue is that I completed my training at the end of June and had already registered for job search as a precaution. When applying for benefits, I accidentally found out that I was actually entitled to a rent subsidy during the training period, and the case worker who accepted the application was surprised that I had not previously taken advantage of it. Especially because I received Bafög and had to take out a student loan to finance my training and everything else.
Before my training, I had also briefly registered as unemployed, and inquired about a subsidy at the beginning of my training, only to be told that I was not entitled to one.
Can I now demand retroactively that I receive the money I am owed, especially since I have inquired multiple times and been given incorrect information?
My current case worker is trying to brush me off, is not particularly friendly, and refuses to give me an appointment. Documents I submit or send do not seem to arrive, even though I have a confirmation of receipt. I would really like to have a meeting with her supervisor. Can I request this? If so, how? I will also include a few letters to give you a better understanding of the situation.
Can someone help me draft a letter that includes everything and at least get a response that is professionally answered, even if it is unsuccessful?
Sincerely,
Patryk Kruk
Dear inquirer,
Thank you once again for your inquiry!
Below, I would like to address your question considering the facts you have provided:
In your case, it will be difficult to claim benefits retroactively. This is because benefits in the area of ALG I and II can generally only be paid from the date of application, and retroactive payment without an application is therefore not possible.
While a different assessment could potentially result from the behavior of the employment agency/case worker, there is a lack of evidence in this case.
Since, as I understand from the facts, you only have the statements of the case worker orally (presumably not witnessed!), it will likely not be possible to prove the statement that you are not entitled to anything, meaning that legal action in this case would not have sufficient prospects of success.
However, you could indeed contact the superior of the relevant case worker, which you should do in writing. In this regard, you also have the option of filing a complaint with the supervisory authority.
My law firm would be happy to assist you within the scope of a separate mandate.
I would like to make the following final points:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can result in a completely different legal assessment.
I hope that my explanations have been helpful to you. You are welcome to contact me via my email address or the follow-up option.
I wish you a pleasant Sunday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
