Emergency! Can I get an advance?
November 30, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I quit my job a year ago to move to the same city where my boyfriend lives! He has been supporting me with housing, living expenses, etc. the whole time! So I don't receive any unemployment benefits or anything like that! Since Friday is over, and now both my wallet and fridge are empty! I will go to the job center early today! Do I have a chance to get an advance payment or something like that? If yes, how? I mean, they must help me somehow, especially since I voluntarily went without for a year!
Dear Seeker,
Thank you for your inquiry!
Based on the information you provided, I assume that you intend to apply for ALG II or corresponding benefits (e.g. housing allowance, if you rent a flat or similar) as you have just exited the ALG I benefits.
Therefore, you would generally be entitled to ALG II benefits, assuming you are in need, which seems to be the case based on your description.
You would need to apply for these benefits properly, as you are planning to do according to your account.
You can request an advance payment according to § 42 Abs. 1 SGB I. I have attached this provision below for better understanding:
§ 42 SGB I
Advances
(1) If there is an entitlement to cash benefits in principle and it is expected to take a longer time to determine its amount, the responsible authority may pay advances, the amount of which it determines at its reasonable discretion. It must make advances according to sentence 1 if the entitled person requests it; the advance payment begins no later than one month after the application has been received.
(2) The advances are to be credited against the entitlement. To the extent that they exceed this, they are to be repaid by the recipient. § 50 para. 4 of the Tenth Book applies mutatis mutandis.
(3) Section 76 (2) of the Fourth Book applies mutatis mutandis to the deferral, suspension, and remission of the repayment claim.
Therefore, you should address the responsible clerk explaining why you urgently need an advance, and submit an application for an advance on the expected ALG II benefits.
I would like to finally point out the following:
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 and cannot replace a comprehensive evaluation of the facts.
By adding or omitting relevant information, a completely different legal assessment may result.
I hope my explanations have helped you, even though I regret not being able to provide a more positive message. Feel free to contact me through the follow-up option on this platform or via my email address for further questions.
I wish you a pleasant Monday morning and a good start to the week!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
